Chapter 8.08
LARGE ASSEMBLIES
Sections:
8.08.060 Standards for issuance.
8.08.070 Permit provisions – Restrictions.
8.08.080 Characteristics of permit.
8.08.100 Revocation of permit.
8.08.010 Purpose.
This chapter is enacted primarily for the purpose of regulating public assemblies, which can create potentially hazardous and nuisance conditions such as excessive traffic, noise, problems of solid waste disposal, sanitation concerns, a need for increased fire and police protection, and other conditions that pose a threat to public health, safety and welfare. The public’s interest is served by ensuring that public assembly permits are issued according to specific and objective standards that make public areas accessible to all. (Ord. 3065 § 1, 2008)
8.08.020 Definitions.
(1) “Applicant” means any person, group, company, firm, partnership, corporation, association, or organization of any kind seeking a public assembly permit.
(2) “Assembly” includes all assemblies of the public of 50 or more people gathered either indoors or outdoors at a city park or upon public property within, or owned by, the city of St. Helens.
(3) “Building department” means the city of St. Helens building department.
(4) “Chief of police” means and refers to the police chief of the city of St. Helens, or any agent, employee, or designee authorized to perform the duties of this chapter by the chief of police.
(5) “City” means the city of St. Helens, Oregon.
(6) “City administrator” means the person holding the position of city administrator or any agent, employee, or designee authorized to perform the duties of this chapter by the city administrator.
(7) “City council” means the St. Helens city council.
(8) “City recorder” means the person holding the position of city recorder.
(9) “Fire chief” means the person holding the position of fire chief for the Columbia River Fire and Rescue District, or any agent, employee, or designee authorized to perform the duties of this chapter by the fire chief.
(10) “Hearings officer” means the city council, or an outside party not affiliated with the city that is hired or selected to conduct an appeals proceeding.
(11) “Person” means any person, group, company, firm, partnership, corporation, association, or organization of any kind.
(12) “Planning department” means the city of St. Helens planning department.
(13) “Public property” means and refers to all property owned by or under the control of a public body.
(14) “Structures” means a building, tent, stadium, or enclosure. (Ord. 3065 § 2, 2008)
8.08.030 Permit required.
It shall be unlawful for any person to allow, promote, conduct or cause to be advertised an assembly without a valid public assembly permit when said person believes or has reason to believe that 50 or more persons will attend the event. Criminal or civil liability for failure to comply with the provisions of this chapter shall rest with all persons who are responsible for failing to obtain permits under this provision. (Ord. 3065 § 3, 2008)
8.08.040 Exemptions.
This chapter shall not apply to the following:
(1) Any regular organized and supervised school district activity or program that takes place on school property;
(2) Any activity of a municipal corporation or governmental agency; and
(3) Recognized boating and yachting organization activities specifically exempted in Chapter 8.28 SHMC. (Ord. 3065 § 4, 2008)
8.08.050 Permit applications.
(1) The applicant for a public assembly permit shall provide the information required on the city’s public assembly permit application at least 30 days prior to the date the permit is requested to be effective. The application shall be signed by the applicant, include all necessary attachments, and include the nonrefundable permit application fee as set by resolution of the city council. Incomplete applications shall not be processed.
(2) Prior to submitting the public assembly permit application, the applicant must obtain written approval from the appropriate agencies and/or departments that satisfactory arrangements have been made by the applicant to comply with the standards for issuance pursuant to SHMC 8.08.060. No permit shall be issued unless the respective agencies and/or departments have approved the application as to each condition.
(3) The applicant shall provide any supplemental information requested by any agency and/or department required for the agency and/or department to make a recommendation as to whether the application should be approved or denied. (Ord. 3065 § 5, 2008)
8.08.060 Standards for issuance.
A public assembly permit application may be reviewed and issued by the city administrator after a finding by him that the applicant has complied with the standards for issuance enumerated in this section.
(1) Fire Protection Standards and Medical Services. The applicant must submit a sketch of the assembly location that includes the location of all fire protection devices and any medical supplies or services that will be available during the event. No permit shall be granted unless the fire chief has approved: (a) fire protection devices and equipment available at, in or near structures where more than 10 persons may congregate during the event, and (b) the applicant’s plans for medical service and/or the availability and location of medical supplies at the assembly. The fire chief may require an assembly to have an ambulance and/or a first aid station staffed by individuals trained in first aid techniques when he/she deems it necessary to protect the public health, safety, and welfare.
(2) Public Safety. The applicant must submit written plans for public safety at the assembly to the chief of police for his approval. The chief of police shall determine the number of traffic control and crowd control personnel reasonably necessary to protect the health, peace, safety and welfare of the public and shall notify the applicant of his determination. The applicant shall contract for, or otherwise provide, traffic control and crowd control personnel to meet the requirements set by the chief of police. The applicant shall submit the names and background information for all traffic control and crowd control personnel to the chief of police for his investigation. All such personnel must meet the following minimum standards in order to be approved as suitable by the chief of police. All public safety personnel must:
(a) Not have any felony convictions or misdemeanor convictions involving moral turpitude;
(b) Have received reasonable minimum training in law enforcement, have on-the-job experience in law enforcement, or experience in flagging for traffic control.
All of said policing personnel must wear an appropriate identifying uniform and must be on duty during the entire assembly unless a relief schedule has been planned and approved by the chief of police that maintains the minimum strength requirements set for the assembly. It shall be the duty of the policing personnel to report any violation of the law to the chief of police and to take whatever action that can be reasonably expected of them to enforce the law.
(3) Sanitary Facilities. The applicant must submit a sketch of the assembly location and detailed information showing the type, number and location, or proposed location, of all toilets, washing facilities, water supply facilities, food preparation and food service facilities. The city administrator shall review and approve the proposed sanitation and related facilities to ensure that reasonable minimum standards will be met by the applicant. The applicant must provide the following:
(a) Containers for refuse and solid waste storage at a minimum ratio of one 30-gallon container for solid waste disposal for each 16 persons or fraction thereof anticipated or one cubic yard of container capacity for each 125 persons or fraction thereof anticipated;
(b) One permanent or chemical toilet for each 115 persons or fraction thereof anticipated; and
(c) If food is to be sold at the event, someone overseeing the sale of the food must have a food handler’s permit, and if food is purchased from a caterer to be supplied at the event, the caterer must have a food handler’s permit. If the food preparation and/or disbursement situation warrants further approval by the appropriate governmental authority, as determined by the city administrator, the applicant shall get such approval in writing.
The approval given by the city administrator may indicate the number, type and location of toilets, washing, and water supply facilities when appropriate. All documents and approvals mentioned herein shall be submitted with the application.
(4) Insurance. The applicant must submit proof of insurance with the application for approval. The insurance policy shall name the city, its officers, employees, and agents as additional insured parties and the policy shall contain liability insurance coverage in the amount of $1,000,000. The insurance policy shall protect against loss from liability on account of bodily injury and property damage arising from the event.
(5) Temporary Buildings or Structures. The applicant shall submit plans approved by the planning department and/or building department, whichever is applicable, when any type of structure is required. Preliminary approval may be granted by the planning department and/or building department structures upon specific plans proposed and submitted by the applicant. All such structures shall be in existence five or more days before the assembly for which an application is submitted and shall be subject to inspection by the building department. Should the actual structure fail to meet the standards approved in the proposed plans, such preliminary approval shall be withdrawn, and all permits granted subject to such approval shall be withdrawn.
(6) Parking Facilities. The applicant shall provide the chief of police with a scale drawing showing that adequate parking facilities have been made available within or adjacent to the location for which the permit is requested. Such parking facilities shall provide parking space for one vehicle for every four persons expected or reasonably expected to attend said event. If buses are to be used to transport the public to the assembly, it shall be shown that public parking as described above is available at any site within the city from which buses are scheduled to pick up persons to transport them to the assembly.
(7) Multiple Applicants. No public assembly permit application for the same time and location will be granted if an application has already been received for that date and location, unless multiple applicants can reasonably be accommodated. (Ord. 3065 § 6, 2008)
8.08.070 Permit provisions – Restrictions.
(1) Hours of Operation. No assembly shall be conducted in or upon public property during the time between 30 minutes after sunset on the first day, and 30 minutes before sunrise on the next day, unless otherwise specified in the permit.
(2) Intoxicating Liquor. No person sponsoring an assembly, nor any person having control thereof, shall permit anyone to bring intoxicating liquor into, or upon the premises of the assembly, nor permit intoxicating liquor to be consumed on the premises unless specifically allowed in the permit. If intoxicating liquor is to be sold at the assembly, the applicant must apply for and enter into a concession agreement with the city.
(3) Disputes. When a dispute arises between the parties as to the number of persons anticipated to attend the assembly, the decision of the city administrator shall be final and controlling.
(4) Conditions, Rules and Regulations. The applicant, its agents, and employees shall comply with all applicable federal, state, county, and local laws, as well as with any conditions, rules, and regulations included in this chapter and the public assembly application. (Ord. 3065 § 7, 2008)
8.08.080 Characteristics of permit.
(1) Nontransferable. A permit issued pursuant to this chapter shall not be transferred or assigned without the city administrator’s consent to the transfer or assignment.
(2) Revocable. A license issued pursuant to this chapter may be revoked as provided in SHMC 8.08.100. (Ord. 3065 § 8, 2008)
8.08.090 Inspection.
The chief of police and the city administrator shall have the right to go upon the public premises or public facilities for which the permit has been granted for the purpose of inspection and enforcement of this chapter and all federal, state, and local laws. (Ord. 3065 § 9, 2008)
8.08.100 Revocation of permit.
If any assembly is not being operated in accordance with the rules and regulations set forth herein, the city shall have the right to revoke the permit, and the applicant or other responsible individual shall be subject to such other punishment as the law and this chapter provides. (Ord. 3065 § 10, 2008)
8.08.110 Indemnity.
(1) The applicant shall indemnify and save the city harmless of and from any and all damages or claims of any kind or nature caused directly or indirectly from the applicant’s use of the public property for the assembly.
(2) Should the assembly necessitate the deployment of additional personnel by the city, such added expense shall be recoverable from the applicant. (Ord. 3065 § 11, 2008)
8.08.120 Appeal.
Any person aggrieved by the city administrator’s decision to deny or revoke their public assembly permit may appeal such action to a hearings officer through the following procedures:
(1) A person appealing the city administrator’s action shall, within 10 days of such action and notice, file a written notice of appeal with the city recorder. The written notice shall include: the name and address of the appellant, the nature of the decision being appealed, the reason(s) the original decision is alleged to be incorrect, and the result the appellant desires on appeal.
(2) The city recorder shall fix the time for the appeal to be heard by the hearings officer, place the hearing of the appeal upon the calendar of the hearings officer, and notify the appellant of the time fixed no less than five days prior to that time.
(3) The appellant shall pay a nonrefundable appeals fee to facilitate the appeal.
(4) The appellant shall be entitled to appear personally and by counsel and to present such facts and arguments as may tend to support his appeal.
(5) The hearings officer shall take such action upon the appeal as he sees fit and such action by the hearings officer shall be final.
(6) The action of the city administrator shall be stayed pending the outcome of an appeal properly filed pursuant to this section.
(7) Failure to strictly comply with the applicable appeal requirements, including but not limited to the required elements for the written notice of appeal, time for filing, and payment of the applicable appeal fee, as listed in the miscellaneous fee schedule, shall constitute jurisdictional defects resulting in the summary dismissal of the appeal.
If the appellant loses on appeal, the appellant will be held financially responsible for the cost to the city of the appeal, including but not limited to the hiring of the hearings officer. (Ord. 3065 § 12, 2008)
8.08.130 Offenses.
The following rules and regulations shall govern and control the use of all public property:
(1) No fire shall be built, lit or maintained within a city park or upon public property except in a camp stove or a fireplace provided, maintained or designated for such purpose; excepting however, that gasoline, alcohol or oil camp stoves may be used in established camp sites or picnic areas where other stoves are provided. No fire shall be left unattended, and all fires shall be extinguished by the user before leaving the park or public property.
(2) No person shall erect signs, markers or inscriptions of any type in a park or upon public property of the city without permission of the city administrator.
(3) No person, while in a city park or upon public property, may operate a concession, either fixed or mobile, or engage in the business of soliciting, selling or peddling any liquids or eatables for human consumption, or distribute circulars, or hawk, peddle or vend any goods, wares or merchandise without permission of the city administrator.
(4) No dogs or other pets shall be allowed in a city park or upon public property unless said animals are confined in a vehicle or kept on a leash. No animals shall be allowed in any city buildings except for the following exemptions:
(a) Service dogs;
(b) Dogs participating in the “Read to Dogs” program at the library; and
(c) Dogs being licensed at City Hall.
(5) No bottles, cans, ashes, waste, paper, garbage or other rubbish shall be left in a city park or upon public property except in the receptacles designated for that purpose.
(6) Automobiles, trailers or other vehicles shall be parked only in designated parking areas.
(7) No person shall set up or use a public address system or use any noise-producing machine, vehicle, device or instrument in a city park or upon public property without the permission of the chief of police as required in SHMC 8.16.050 and payment of the amplification fee.
(8) No person shall ride, drive, lead or keep a horse or other animal in a city park or upon public property except upon such roads, trails or areas designated for that purpose.
(9) No person shall ride, drive or operate any motorcycle, motor bike, motor scooter or trail bike in a city park or upon public property except upon such roads, trails or areas designated for that purpose. (Ord. 3065 § 13, 2008)
8.08.140 Penalties.
A violation of any of the provisions of this chapter or the rules, regulations, or restrictions in the permit or permit application shall constitute a Class C misdemeanor. (Ord. 3065 § 14, 2008)
8.08.150 Additional remedy.
Failure to comply with the terms and conditions of this chapter, the permit, or the permit application shall constitute a public nuisance and shall be subject to all criminal, civil and equitable remedies as such. The conviction of any person for a violation of any provision of this chapter shall not operate to relieve such person from paying any fee or penalty thereupon for which such person shall be liable, nor shall the payment of any such fee be a bar to, or prevent any prosecution in, the St. Helens municipal court, of any complaint for the violation of any provision of this chapter. (Ord. 3065 § 15, 2008)