Chapter 5.25
ASSEMBLIES AND FESTIVALS
Sections:
5.25.020 Assemblies and festivals – Defined.
5.25.030 Festival permit required.
5.25.110 Compliance and penalties.
5.25.010 Purpose.
Okanogan County finds it is necessary to protect and preserve public peace, safety, and welfare by regulation of assemblies and festivals because there is a danger to the public if proper sanitation, police, and other health and safety measures are not adequately provided for. (Ord. 2014-15 Att. C, 2014).
5.25.020 Assemblies and festivals – Defined.
For the purpose of this chapter, assemblies and festivals are defined as organized events of temporary duration in which 250 or more persons gather for entertainment, celebration, deliberation, or other similar purposes. Activities often include but are not limited to music, overnight camping, various organized recreational activities, and presentations.
A. Assemblies and festivals shall not include weddings, family reunions, estate sales or auctions, yard or garage sales, farmers markets, county fairs (Chapter 36.37 RCW), emergency fire camps and other emergency camps, or organized events occurring within a permitted permanent facility.
1. A permitted permanent facility includes but is not limited to public fair grounds or parks, rodeo grounds, grange halls, auditoriums, professional offices, meeting halls, fraternal lodges, churches, and other similar types of common gathering places and facilities, all of which must be adequately permitted.
B. Activities that anticipate attendance exceeding 250 persons that include overnight camping, commercial food service, alcohol service that requires permitting from the Washington State Liquor Control Board or music provided by bands or DJs under contract or hire will be considered festivals for purposes of this section.
C. Throughout this chapter, the term “festival” shall be used to include both assemblies and festivals. (Ord. 2014-15 Att. C, 2014).
5.25.030 Festival permit required.
A permit shall be required for any festival as defined by this chapter. Such a permit shall be required regardless of the status of other permits or approvals which have been obtained from other public agencies. It shall be unlawful to allow, conduct, or permit any festival unless a valid permit has been obtained prior to the operation of the specific event.
A. One permit shall be required for each individual event and shall not permit multiple consecutive events. A single event continuing for two or more consecutive days shall require only one permit. The permit shall be valid for the duration of a single event.
B. An event which is repeated annually for up to five years under the same conditions may be permitted by development agreement (Chapter 18.05 OCC) and would include SEPA review (Chapter 14.04 OCC).
C. A temporary use permit (Chapter 17A.230 OCC) shall not be required for festivals permitted in accordance with this chapter. (Ord. 2014-15 Att. C, 2014).
5.25.040 Application.
Applications shall be filed with Okanogan County’s office of planning and development. Supplemental materials may be needed depending on the scope of the specific festival. A complete application includes the following:
A. Application Fee. As identified by Okanogan County’s fee schedule.
B. Application Form. The application form shall identify the type of event, tax parcel number, physical address, and signature of the applicant.
C. Consent and Authorization. The landowner shall consent to terms and conditions of the festival permit by signing the land use permit application form or signing a consent form identifying an authorized agent of the landowner. The landowner is ultimately responsible for compliance with the terms and conditions of the festival permit (see OCC 5.25.110).
D. Project Description. The project description should include the following information:
1. A description explaining the type of event, purpose, activities (music, seminars, classes, etc.), duration (dates of operation), maximum number of attendees, hours of daily operation, security, type of food service, type of alcoholic beverages, facilities, restrooms, solid waste and wastewater disposal, outdoor burning; and
2. Description of compliance with conditions (OCC 5.25.060); and
3. Description of expected impacts to the surrounding area, if any, which may be caused as a result of the event. Describe voluntary mitigation measures, if any, to offset such expected impacts (i.e., traffic control, security, dust control, etc.).
E. Site Plan. The site plan should be drawn to scale and include the following information:
1. Areas of activities, special events, vendors, facilities, eating areas, camping areas, etc.; and
2. Parking areas and access roads (internal and external) for ingress and egress connecting to a public road; and
3. Improvements such as structures, shelters, stages, restrooms, wells; and
4. Natural features (lakes, rivers, streams, wetlands, etc.). (Ord. 2014-15 Att. C, 2014).
5.25.050 Review process.
Applications shall be filed a minimum of 30 days prior to the first day of operation but may be submitted in advance, up to one year prior to operation of said event. Additional time may be needed for complex festival applications (subsection D of this section). Okanogan County is not bound to expedite applications which are not submitted in a timely manner. Approval is not guaranteed. The application review process shall be conducted in the following manner.
A. Verification. An application shall be accompanied by verification of compliance with the conditions identified by this chapter prior to the granting of any festival permit.
B. Circulation. An application shall be circulated to various agencies for their review and input in order to determine whether the standard conditions identified by this chapter are appropriate for the specific application or whether additional conditions should be considered.
C. Review. Within five working days, the office of planning and development shall inform the applicant whether the application is complete or whether additional information must be submitted. The office of planning and development shall review the application for compliance with the terms and conditions of this chapter. The planning director, or designee, may require additional conditions in order to offset impacts not contemplated by this chapter.
D. Approval and Denial. Within 21 calendar days from the date of verification of a complete application (subsection C of this section), the office of planning and development shall either approve or deny the application. The permit may be denied by the planning director if impacts of the specific festival are unable to be offset by imposition of appropriate conditions. Denial does not entitle the applicant to a refund. Refunds may be requested in accordance with refund policies of Okanogan County’s fee schedule.
E. Appeals. Decisions of the planning director may be appealed in accordance with the “administrative appeals” chapter of Okanogan County Code (Chapter 2.67 OCC). (Ord. 2014-15 Att. C, 2014).
5.25.060 Conditions.
The following conditions are typical for large festivals and may be required for any festival. Additional conditions may be required in order to mitigate impacts identified during the application review process. The permit shall identify each condition which is required for operation of the festival.
A. Security. If alcoholic beverages are available to guests then security shall be required at the point of service. Security person(s) shall be an agent(s) of the event organizer, clearly identified through uniform, badge, armband, or similar insignia, who has the immediate capability of summoning law enforcement or medical assistance in the event of an emergency. Security stationed at any location where alcohol is served will be familiar with the regulations controlling the sale and service of alcohol.
B. Emergency First Aid. Adequate provisions shall be made for administering emergency first aid. Adequate provisions include but are not limited to:
1. A reliable means of communication shall be available at all times for purposes of calling an ambulance or other emergency services.
2. An emergency first aid station shall be available on site to all attendees and employees at all times and shall include a first aid kit containing a minimum of sterile bandages for control of bleeding. At least one agent of the event organizer shall have a current CPR and first aid card. Such agent may also serve as a security person (subsection A of this section).
3. Comply with “Rules and Regulations of the Okanogan County Health District for Outdoor Events, Section First Aid.”
C. Noxious Weed Control. The spread of noxious weeds shall be controlled. Prior to the event, noxious weeds shall be eradicated along on-site and off-site access roads and within all parking areas. The applicant shall have established a weed control plan, approved by the noxious weed department prior to submission. This requirement may be satisfied by requesting an on-site inspection or consultation with the Okanogan County noxious weed department prior to issuance of the permit.
D. Dust Control. Throughout the duration of the event, dust from roadways or other disturbed areas must be controlled to prevent dust from drifting onto adjoining properties where residential structures are located, or if the site is located in proximity to livestock, tree fruit, or row crops. Dust from roadways must be adequately controlled if it interferes with the visibility of motorist and pedestrian traffic.
E. Access and Parking Areas. The event shall designate parking areas of sufficient size to accommodate the size of the event, which should include approximately one vehicle space per every three guests.
1. A minimum of two percent, and no less than one, of the parking spaces shall be designated for handicap parking and shall be located nearest to the event concessions areas.
2. All primary access roads shall be kept clear from vehicle parking.
3. All parking spaces and access lanes shall be located so that any vehicle is able to enter or exit the event at any time.
4. Signs shall be clearly posted in order to direct traffic to and from designated parking areas.
5. Primary access roads shall be open for emergency service vehicles (police, ambulance, fire, etc.) at all times.
F. Fire Safety. If campfires or bonfires are allowed on site, the event organizer will inform any attendees who light a fire that they must have immediately available fire suppression equipment of no less than a five-gallon bucket full of water and a shovel.
1. If an application proposes outdoor fires while a burn ban is in effect, then the application shall include a waiver from the appropriate agency with jurisdiction (i.e., fire district, Department of Natural Resources, municipality, etc.). The terms of the waiver must be met, in whole, throughout the duration of the event.
G. Sanitary Conditions. Adequate and sanitary services must be available to guests for water, food, solid waste disposal, and sewage disposal in compliance with “Rules and Regulations of the Okanogan County Health District for Outdoor Events, Sections Water, Food, Solid Waste Disposal, and Sewage Disposal.” Also, the following provisions must be met:
1. All persons serving food to the public shall have a valid food handlers permit issued by Okanogan County public health.
2. Drinking water must be available to the public at all times and must be provided from a legal source.
3. Sanitary restrooms must be available to the public at all times.
4. Wastewater must be disposed of in a legal and approved manner.
5. Solid waste must be disposed of in a legal manner. Collection areas and garbage cans must be clearly marked and placed in various locations throughout the event area.
H. Maximum Admissions. No more persons shall be admitted to the festival at any given time than stated in the permit issued.
I. Those “outdoor music festivals” as defined by RCW 70.108.020 shall comply with the provisions of Chapter 70.108 RCW as administered by Okanogan County public health. (Ord. 2014-15 Att. C, 2014).
5.25.070 Insurance.
The planning director may require insurance in order to protect the county and/or the public from any and all expense and/or damage arising out of the operation of the festival. The applicant shall be required to furnish evidence of primary and non-contributory liability insurance policy providing for a minimum of $1,000,000 per person for bodily injury per occurrence. (Ord. 2014-15 Att. C, 2014).
5.25.080 Access to premises.
Only for the purpose of inspection and supervision to enforce the rules, regulations and conditions under which said permit is or may be granted, all law enforcement officers of the state of Washington on legitimate business, and any official of any agency with jurisdiction, may enter the premises during festival dates and times of operation to ensure compliance with conditions of approval and all applicable laws and regulations. (Ord. 2014-15 Att. C, 2014).
5.25.090 Revocation.
Any permit granted herein to conduct a festival may be summarily revoked by the planning director after finding that by reason of disaster, public calamity or other emergency the public peace, health, safety, or welfare can only be preserved and protected by such revocation. (Ord. 2014-15 Att. C, 2014).
5.25.100 Deviations.
The planning director, or designee, may waive conditions that are unnecessary or inappropriate to a particular festival. A request for deviation must be initiated by the applicant. (Ord. 2014-15 Att. C, 2014).
5.25.110 Compliance and penalties.
A. Any person who violates any provision of this chapter, or who shall, having obtained a permit herein, willfully fail to comply with the rules, regulations and conditions herein, or who shall aid or abet such a violation or failure to comply, shall be deemed guilty of a class 1 civil infraction.
B. The landowner is ultimately responsible for compliance with the terms and conditions of the permit. Any reassignment of responsibility shall be made in writing by private contract of which Okanogan County shall not be party thereto. (Ord. 2014-15 Att. C, 2014).