Chapter 5.08 OUTDOOR PUBLIC ASSEMBLIES

The board of county commissioners find and declare that it is necessary for the protection, health and welfare of the general public in regard to regulation of outdoor public or quasi-public amusements and assemblies, all of which are hereinafter referred to as “assemblies,” wherein said assemblies are advertised and held on a noncontinuing basis for a stated period of time on private property not otherwise supervised by the United States, the state, or some other municipal or quasi-municipal organization, and where said assemblies cater to a substantial portion of the general public, that certain rules and regulations are necessary covering the operations of said assemblies, in that there is an inherent danger to the people attending or taking part in any such gathering if proper sanitary, police and other health and safety measures are not adequately provided for; and further, that it is necessary to pass under the police power of this county an ordinance to regulate and license the holding of such outdoor assemblies whenever the promoters of said assemblies believe or have reason to believe or could ascertain with reasonable diligence that more than five hundred people are likely to attend said assembly. (Ord. 702 § 1)

5.08.020 Permit—Required—Enforcement.

It is unlawful for any person, persons, corporation, organization, landowner or lessor to allow, encourage, organize, promote, conduct, permit or cause to be advertised an entertainment, amusement or assembly of persons wherein the primary purpose will be the presentation of outdoor assemblies, which said person, persons, corporation, organization, landowner or lessor believes or has reason to believe will attract five hundred or more persons and where a charge or contribution is required for admission or in any manner solicited, unless a valid county permit has been obtained for the operation of said outdoor public amusement, entertainment or assembly. One such permit shall be required for each outdoor public assembly. Criminal or civil liability for failure to comply with the provisions of this chapter shall rest in all persons, corporations, organizations, landowners or lessors who are responsible for obtaining permits under this provision. (Ord. 702 § 2)

5.08.030 Permit—Requirements.

A. No public assemblies may be held in Skamania County outside the limits of incorporated cities and towns unless the person or persons sponsoring said assemblies shall first obtain a permit, as provided in this chapter, and shall comply with all regulations herein provided.

B. No license shall be available for an event of more than three days’ duration. (Ord. 702 § 3)

5.08.040 Permit—Application—Approval.

Any application for a permit shall be passed upon by the board of county commissioners of Skamania County after having received the necessary letters of approval from the various departments that will be required to approve the various written plans as submitted with the application. The application for permit will be accompanied with the necessary bonds and permit fee as well as all other written documentation as required hereunder. In addition, prior to the granting of the application, the applicants shall appear before the board of county commissioners to explain such written plans and how they will coordinate with other necessary governmental agencies within the county. When any type of physical facility is required or subject to approval under this chapter, preliminary approval may be granted based upon specific plans proposed and submitted by the applicant. All such facilities shall be in existence five or more days before the event for which an application is being submitted, and shall be subject to inspection by the approving agencies or departments at their convenience. Should the actual facility or construction fail to meet the standards approved in the proposed plans, such preliminary approval shall be withdrawn and any and all permits granted subject to such approval shall also be withdrawn. This chapter shall not alter the requirements of this code for the licensing or prohibition of other activities which might occur during such an assembly. (Ord. 702 § 4)

5.08.050 License—Fee—Bonds.

A. The permit fee shall be two hundred fifty dollars per day for each event. Said fee for permit shall be retained by the county whether a permit is granted, denied or withdrawn, to cover the costs of the investigation necessary by said public body in determining whether or not the permit shall be granted. In addition, no permit shall be issued under this chapter until the applicant has on deposit with the county treasurer a penal bond and bond of indemnity to save and protect streets, pavements, bridges, road signs and other property of the county from any and all damage that might be caused by vehicles, employees or participants in such assembly, and to be used, if necessary, to restore the ground where such amusement, entertainment or assembly is held to a sanitary condition and pay all charges and losses to the county for damages to the streets, pavements, bridges and other property. Should the licensed event necessitate the deployment of additional county personnel, such added expense shall be recoverable from the principal and/or its surety. The deposit or its balance shall be returned when the board of county commissioners certifies to the treasurer that no damage has been done and that the county did not incur additional expenses due to said licensed event or that the cost of the above have been paid by the licensee.

B. The penal bond and bond of indemnity shall be as follows:

1. For gatherings over five hundred but less than one thousand persons, a one thousand-dollar cash bond;

2. For gatherings over one thousand and up to ten thousand persons, a five thousand-dollar cash bond;

3. For gatherings from ten thousand to twenty thousand persons, a seven thousand five hundred-dollar cash bond;

4. For gatherings from twenty thousand persons to thirty thousand persons, a ten thousand-dollar cash bond;

5. For each additional ten thousand persons expected, the bond will be increased in increments of two thousand five hundred dollars.

C. In addition, the permit applicants shall be required to furnish evidence of liability insurance providing for a minimum of one hundred thousand dollars bodily injury coverage per person, three hundred thousand dollars bodily injury coverage per occurrence, and one hundred thousand dollars property damage coverage, naming Skamania County as an additional insured.

D. In addition, the property owner or owners where said event occurs shall sign on the permit as an additional indemnitor to insure against damage to streets, pavements, bridges, road signs and other properties of the state or county and to insure that the property will be restored to a sanitary condition, such indemnity becoming a lien against the property if said cash bond and indemnification agreement is not sufficient to meet the costs incurred. In addition, any extraordinary law-enforcement costs incurred by the county which are the result of said activity shall be a proper charge to be made against the bond or indemnity agreement. (Ord. 702 § 5)

5.08.060 Provisions to be posted.

The following sections (Section 7 through 30) shall be in full force and effect and shall at all times be kept posted in a conspicuous place where an assembly, or assemblies, within the scope of this chapter is being conducted. (Ord. 702 § 6)

5.08.070 Permit—Applicant age limitation.

No permit shall be issued to any person under twenty-one years of age. (Ord. 702 § 7)

5.08.080 Permit—Right of revocation.

Every permit issued under the provisions of this chapter shall state in substance that such permit is issued as a police, sanitary and fire requisition measure, and that the right of the board of county commissioners to revoke such permit without notice or formal hearing is a consideration of its issuance. In addition, the county sheriff shall have the authority to revoke the permit acting in behalf of the county commissioners in the event that the rules and regulations as established in this chapter are not being followed after having received reports from either fire, sanitary or police that indicate that there is a probable endangerment to the health and safety of the inhabitants of the county. (Ord. 702 § 8)

5.08.090 Permit—Revocation—Grounds.

Any permit granted under this chapter to conduct an assembly may be revoked without notice or formal hearing by the board of county commissioners and/or the county sheriff, upon their finding that any police, sanitary or fire regulation provided for in this chapter or in the state law has been violated by the permittee, and the action of the board or sheriff in revoking any such permit shall be final and conclusive. (Ord. 702 § 9)

5.08.100 Permit—Revocation—Not exclusive penalty.

The revocation of any permit granted under the provisions of this chapter shall not preclude the imposition of further penalties as provided for in this chapter and the state law, but shall be considered merely as part of the penalties imposed for violation of the rules and regulations provided for in this chapter and in the state law. (Ord. 702 § 10)

5.08.110 Fire protection standards.

No permit shall be granted under this chapter unless the applicant has shown that the county engineer, after consultation with the fire district in which the event will occur, has approved fire protection devices and equipment available at, in or near a building, tent, stadium or enclosure wherein or whereupon more than ten persons may be expected to congregate at any time during the course of such entertainment, amusement or assembly for which a permit is required. (Ord. 702 § 11)

5.08.120 Sanitary facilities—Approval required.

No permit for an outdoor assembly shall be granted unless the application is accompanied by the written approval of the Clark-Skamania County health department indicating that the applicants for the permit have complied with the health requirements of said department for like or similar facilities. Said approval shall indicate the type of water supply to be provided, the type of toilet and washing facilities to be provided, and if there is to be food served on the premises, the type of food preparation and food service facilities to be provided. Standards for number of sanitary facilities shall be consistent with the number of facilities in relation to the number of people in attendance as Memorial Coliseum, Portland, Oregon, has provided for the general public. (Ord. 702 § 12)

5.08.140 Preserving order—Operator responsibility.

It is the intention of this section to put the burden of preserving order upon the operator of the assembly, and if any assembly in Skamania County is not being operated in accordance with the rules and regulations prescribed in this chapter and set forth in the state law, the permittee shall be subject to revocation of his permit, and the permittee or other individual responsible shall be subject to such other punishment as the law and this chapter provide. (Ord. 702 § 14)

5.08.150 Public safety requirements.

No permit shall be granted under this chapter unless the application is accompanied by the written approval of the county sheriff indicating that the following conditions have been complied with by the applicant:

A. That adequate traffic-control and crowd-control personnel shall be provided who are licensed merchant patrolmen or people meeting the county sheriff’s reserve requirements, other than residency, and that said named individuals who will be employed for traffic and safety control within said event shall be required to have their fingerprints on file with the sheriff’s office so as to enable a check of any such individual to determine whether or not said person has been convicted of a crime involving moral turpitude. Said personnel shall be employed and clearance received at least five days before the event.

B. That there shall be provided one traffic-control person for each two hundred fifty persons expected or reasonably expected to be in attendance at any time during the event. Further, that there shall be provided one crowd-control person for each two hundred fifty persons expected or reasonably expected to be in attendance at any time during the event. It shall be the duty of said policing personnel to report any violation of the law to the county sheriff or his deputies. (Ord. 702 § 15)

5.08.160 Parking facilities.

Application for a permit under this chapter shall be accompanied by a scale drawing showing adequate parking facilities having 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. Adequate ingress and egress shall be provided from such parking areas to facilitate the movement of any vehicle from the parking area at any time; provided, that should buses be used to transport the public to said event, it shall be shown that public parking or parking as described above is available at any time from which buses as scheduled to pick up persons to transport them to said event can move to or from. (Ord. 702 § 16)

5.08.170 Buildings—Construction.

If the outdoor assembly is held within a permanent building or structure, such must be of fireproof construction when over one story in height. All buildings to which the public is admitted must have a sufficient number of exits to permit a safe evacuation of all persons therein. All exit doors in buildings of a permanent nature must be equipped with crash hardware. All canvas used in any tent or as a part of any structure must be so treated as to be fire resistant at the time the same is in use. All highly inflammable or explosive liquids or materials are to be kept in a well-ventilated location and adequate firefighting equipment must be maintained in the immediate area. (Ord. 702 § 17)

5.08.180 Location restrictions.

No outdoor assembly such as mentioned herein shall be operated in a location which is closer than five hundred feet from any schoolhouse, church, house, residence or other place of permanent human habitation. (Ord. 702 § 18)

5.08.190 Noise control.

The use of amplified noise shall be regulated in such a manner that it shall not interfere with the normal usage of any school, church, residence or other permanent place of human habitation, based upon a 60-70 decibel limit. (Ord. 702 § 19)

5.08.200 Health and accident plan.

Each permittee shall in addition provide for the health and safety of those attending said event in the event of injury or accident, and there shall be provisions made for a suitable number of ambulances and health facilities on the site, as well as clearance with local hospitals in case of an emergency occurring at the event. This medical plan shall be based upon the frequency of injuries, accidents or drug abuse requiring hospitalization using the best available information as to the frequency of injury or accident for hospitalization based upon the several assemblies that have occurred on the west coast in the past three years. (Ord. 702 § 20)

5.08.210 Permit—Posting—Deemed nontransferable.

Any permit issued as provided in this chapter shall be kept posted in a conspicuous place, and no such permit shall be transferable or assignable without the consent of the board of county commissioners, and no rebate or refund of money paid for a permit shall be made. (Ord. 702 § 21)

5.08.220 Permit—Application—Filing.

An application for a permit to conduct an outdoor assembly in Skamania County outside the limits of incorporated cities and towns shall be made in writing to the board of county commissioners thirty days or more prior to the said assembly by filing the same with the board of county commissioners, and shall be accompanied by a deposit fee and bond as required in this chapter. It shall be signed by the proprietor or manager of such business and verified upon oath. If the application is made on behalf of a copartnership, the names of the copartners in full, shall be given with their residences and post office addresses for a period of six months immediately prior to the date of the application, together with the location of the principal office or place of business of such corporation. The application shall state the location to be occupied; and shall also state that the applicant or applicants shall abide by all rules and regulations of this chapter and the state law for the protection of health, morals and safety of the persons employed therein, and for the patrons or participants thereof and for the public. (Ord. 702 § 22)

5.08.230 Permit—Investigation— Identification.

A. No application for an outdoor assembly permit shall be issued until the county sheriff has fingerprinted and investigated the applicant or applicants, and reported to the board of county commissioners as to the character and reputation of the applicant or applicants, and his or their fitness to conduct such business; and whether the location or place to be used as a site for an outdoor assembly conforms to all rules and regulations of this chapter and the state, particularly in regard to fire, health, ventilation, lighting, sanitary conditions and toilet conveniences.

B. Every application shall be accompanied by the fingerprints and a three-inch by five-inch photograph of each and every person having any proprietary interest in said licensed activity. The board of county commissioners shall be empowered to obtain adequate photographs of all persons having any proprietary interest. (Ord. 702 § 23)

5.08.240 Enforcement.

The sheriff or any peace officer is hereby authorized and directed to see that all provisions of the state law and these rules and regulations are enforced, and that all grounds and any building, room or other structure wherein any permittee under this chapter conducts his business shall at all times be open to inspection by the sheriff, his deputies, or any peace officer. Furthermore, no application shall be granted hereunder unless the applicant shall, in writing upon the application for such permit, consent to allow the law enforcement and public health and fire-control officers of the county to come upon the premises for which the permit has been granted for the purpose of inspection and enforcement of the terms and conditions under which the permit is granted. (Ord. 702 § 24)

5.08.250 Crowd—Size limitation.

If at any time during the event the size of the crowd exceeds twenty percent the number of persons represented by the sponsors to be expected in attendance, the county sheriff shall have the discretion to require the sponsors to limit further admissions until sanitation, parking, health, traffic and crowd-control requirements have been brought into conformity with the standards of this chapter. Any person with more than a ten percent proprietary interest in the event shall be required to be in attendance at the activity and shall be responsible for insuring that no person shall be allowed to remain on the premises if said person is violating any state or county laws. Any such person having a duty to remove law violators who wilfully fails to do so shall be deemed to be an aider or abettor of such violation. (Ord. 702 § 25)

5.08.260 Municipal bodies—Exemption.

United States, state and municipal corporations organized under the laws of the state, and the county fair board organized and operated under the provisions of state law are declared to be exempt from the provisions of this chapter based upon sovereign authority of a municipal body to govern and regulate itself. (Ord. 702 § 26)

5.08.270 Certain activities—Exemption— Procedure.

A. The following activities shall be exempt from all the provisions of this chapter as any of those provisions are inconsistent with this section; however, to the extent that they are consistent with this section, all of the provisions of this chapter shall apply:

1. Rodeos;

2. Cross-country motor vehicle competition (motorcycles, jeeps or other mechanically propelled motor vehicles).

B. Any person, persons, corporation, organization, landowner or lessor desiring to sponsor, promote or engage in any of the activities enumerated in this section shall obtain a permit from the county sheriff’s office; provided, that prior to the issuance of such a permit, the applicant for said permit must furnish evidence to the county sheriff that the facilities on which the activity is to be conducted have adequate health and sanitation facilities. This evidence shall be in the form of a written approval by the appropriate officer of the Clark-Skamania County health district.

C. Where it is contemplated by the applicant that the event shall be carried on for more than three days or that the event will be carried on periodically for longer than six months, a temporary permit may be issued allowing one three-day event only and, upon the conclusion of the three-day event, the county sheriff’s office is directed to report to the board of county commissioners what problems, if any, occurred with regard to the health, safety and welfare of the residents of this county, and the sheriff may either recommend that a permanent permit be issued or that the temporary permit be suspended; provided, that if the recommendation is to suspend the temporary permit, then the board shall set a hearing date, at which time any interested party may appear and give evidence.

D. Fee. Any applicant applying for a temporary permit shall deposit with the county treasurer the sum of fifty dollars and, upon the issuance of a permanent permit, an additional sum of one hundred dollars, neither of which in any event shall be refunded.

E. All references to permits from the Clark-Skamania County health district shall mean that either the plans for the facilities to be installed or the actual installation of said facilities shall have been accomplished prior to the issuance of the permit, depending upon the recommendation of said health district.

F. All applicants for permits for gatherings of under five hundred shall not be required to post bonds as set out elsewhere in this chapter, but shall be required to furnish evidence of insurance covering liability and property damage in the amounts set out in Section 5.08.050

G. Any permit issued pursuant to this section may be revoked at the will of the board of county commissioners upon a showing of any violation of any section of this chapter that is not specifically waived by this section. Any section not specifically waived by this section that is not inconsistent with this section shall remain in full force and effect; provided, that the board of county commissioners reserves the right to waive other sections of this chapter upon a proper showing of undue hardship and that the public health, safety and welfare will not be adversely affected. (Ord. 1975-04: Ord. 702 § 30)

5.08.280 Provisions deemed minimum requirements.

Compliance with the terms and conditions of this chapter shall constitute minimum health, sanitation and safety provisions and failure to comply with the terms and conditions shall constitute a public nuisance and shall be subject to all criminal, civil and equitable remedies as such. (Ord. 702 § 28)

5.08.290 Violation—Penalty.

Any person who violates or fails to comply with any provisions of this chapter, or who counsels, aids or abets such a violation or failure to comply, shall be deemed guilty of a misdemeanor and shall, upon conviction, be fined in the sum of not less than fifty dollars nor more than three hundred dollars or imprisoned in the county jail for not more than ninety days, or both. Such violation if committed by the permittee or those persons working in his behalf shall work an automatic forfeiture of at least five hundred dollars of the bond provided for in this chapter. (Ord. 702 § 27)

5.08.300 Savings clause.

If any provision of this chapter is declared to be illegal, unconstitutional or otherwise invalid, all other provisions contained herein shall remain in full force and effect. (Ord. 1987-05 § 2)