Chapter 5.16
OUTDOOR ASSEMBLIES
Sections:
5.16.020 Permit – Application.
5.16.030 Approval by other town agencies.
5.16.050 Fire prevention standards.
5.16.060 Traffic control – Crowd control.
5.16.080 Inspections – Compliance with drug regulations.
5.16.110 Attendance – Fee – Bond.
5.16.120 Violation – Misdemeanor.
5.16.130 Compliance constitutes minimum standards – Noncompliance constitutes a nuisance.
5.16.010 Permit – Required.
Except as hereinafter provided, it is unlawful for any person, persons, corporations, organizations, landowners or lessors to allow, encourage, organize, permit or cause to be advertised any outdoor entertainment, amusement or assembly of persons for any purpose which said person, persons, corporation or organization, landowner or lessor believes or has reason to believe will attract 1,000 or more persons for 12 or more continuous hours or 500 or more persons for eight or more continuous hours in each of two or more consecutive days; or who prepares or sells tickets numbering 1,000 or more for an event of 12 or more continuous hours in one day or 500 or more for an event of eight or more continuous hours on two or more consecutive days at a particular location within the town of Westport, unless a valid and current permit has been obtained for the operating of such amusement, entertainment or assembly as herein provided. A permit shall be required for all such entertainments, amusements or assemblies to be held from and after the effective date of the ordinance codified herein. One permit shall be required for each such entertainment, amusement or assembly. Criminal principal liability for failure to comply with the provisions of this chapter shall rest jointly and severally in all persons, corporations, organizations, land owners or lessors who are responsible for obtaining permits under this chapter. (Ord. 374 § 1, 1970)
5.16.020 Permit – Application.
Any application for an outdoor amusement, entertainment or assembly permit required by this chapter shall be made in writing to the town council of the town of Westport, and said application must be submitted 30 days or more prior to the first day upon which such amusement, entertainment or assembly is to be or may be held. Approval or denial of permits as herein provided for shall be made within 10 days after application therefor; provided, that approval, if granted, may be conditioned on the applicants obtaining all other permits required by this chapter and otherwise meeting all other requirements hereof. Permits hereunder shall not be denied provided the conditions set forth in WMC 5.16.040 through 5.16.090 are met by the applicant. Denial of the permit by the town council shall be in writing, stating their reasons for the denial, and shall be subject to appeal to the superior court by action filed within 10 days of the denial. (Ord. 374 § 2, 1970)
5.16.030 Approval by other town agencies.
Whenever approval by a town agency other than the town council is required hereunder, application for such approval shall be made 10 or more days prior to making final application for the entertainment, assembly or amusement permit. Approval or denial by said agencies shall be made within 10 days of the date of the application. Failure to act within said period constitutes an approval. Whenever approval by a county, state or other government agency is required hereunder, applications shall be made a sufficient period of time prior to the making of final application for the entertainment, assembly or amusement permit to allow such agency to act either approving or disapproving. Applicants seeking approval by county, state or other government agencies hereunder shall comply with all rules and regulations of such agency for the attaining of such approval.
When any type of physical facility is required or subject to approval hereunder, 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 events for which application is submitted shall begin and shall be subject to inspection by the approving agency or department at their convenience. Such inspections shall be made and approval or disapproval given on or before the fifth day preceding the event. Failure to act within said period on the part of an agency of the town constitutes an approval. Should the actual structure or facility fail to meet the standards approved in the proposed plan such preliminary approval shall be withdrawn and any and all permits granted subject to such preliminary approval shall be withdrawn. No inspection fee or approval fee shall be charged other than the general fee required hereunder. (Ord. 374 § 3, 1970)
5.16.040 Health standards.
No permit for an outdoor entertainment or assembly shall be granted hereunder unless the application is accompanied by the written approval of the Grays Harbor-Pacific County health district of the following minimum facilities:
(1) Water Supply.
(A) Every location for which permit must be obtained hereunder shall have an adequate supply of water which is of a sanitary quality, meeting the standards as prescribed by the Washington State Health Department;
(B) Drinking fountains or drinking facilities shall be provided to meet the standards of the State of Washington Department of Health;
(2) Toilets and Washing Facilities. Every location for which a permit must be obtained hereunder shall be provided with toilets, urinals and hand-washing facilities conveniently located:
(A) Separate toilet facilities shall be provided for each sex and shall be appropriately marked;
(B) Toilets must be water flushed or of types approved by the Washington State Health Officer;
(3) Food Preparation and Food Service Facilities. Should the applicant for a permit hereunder provide or have reason to believe that there will be provided any type of public food services for the event for which a permit is required, then the applicant shall submit with his application the approval of the Grays Harbor-Pacific County health officer of the facilities so provided. Such facilities shall meet the specifications of the rules and regulations of the State of Washington Department of Health and all applicable ordinances of the town of Westport. (Ord. 374 § 4, 1970)
5.16.050 Fire prevention standards.
No permit hereunder shall be granted unless the applicant has shown that the Washington State Fire Marshal and the Department of Natural Resources has approved fire protection devices and equipment available at, in or near any building, tent, stadium or enclosure wherein or whereupon more than 10 persons may be expected to congregate at any time during the course of such entertainment, amusement or assembly for which a permit is required hereunder. Fire prevention standards shall be as set out in the Revised Code of Washington and all regulations issued thereunder. (Ord. 374 § 5, 1970)
5.16.060 Traffic control – Crowd control.
No permit shall be granted hereunder unless the applicant has shown the chief of police that adequate traffic control and crowd protection and policing has been contracted for or otherwise provided by the applicant. Traffic control and crowd control personnel shall be licensed merchant patrolmen or named persons submitting affidavits that they have not been convicted of a felony within the previous 10 years. There shall be provided one traffic-control – crowd-control person for each 100 persons expected or reasonably to be expected to be in attendance at any time during the event; provided, that a minimum of five such personnel shall be provided for any event coming within the provisions of this chapter. Sufficient personnel shall be provided so that the above requirement will be met throughout the event without working any person more than 12 hours, or more than eight hours on duty for each eight-hour rest period. It shall be the duty of such policing personnel to report any violations of law to the chief of police or his deputies. The applicant shall further demonstrate to the chief of police that the Washington State Liquor Control Board has been notified and that the applicant has fully complied with regulations of the State Liquor Control Board where applicable. (Ord. 374 § 6, 1970)
5.16.070 Parking facilities.
Application forms submitted under this chapter shall be accompanied by drawings showing adequate parking facilities having been made available 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 to be expected to attend the event, entertainment or assembly. Adequate ingress and egress shall be provided for such parking area to facilitate the movement of any vehicle at any time to or from the parking area; provided, that should busses be used to transport persons to the entertainment, amusement or assembly, it shall be shown that public parking or parking as described above is available at any site from which busses are scheduled to transport persons to an event regulated by this chapter. (Ord. 374 § 7, 1970)
5.16.080 Inspections – Compliance with drug regulations.
No permit shall be granted hereunder unless the applicant shall, in writing, upon the application for such permit, consent to allow the law enforcement, public health and fire department officers of the county and the town of Westport 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 has been granted.
No permit shall be granted unless the applicant demonstrates that the Federal Narcotic Bureau, Department of Justice, U.S.A. has been notified, and there is compliance with all applicable regulations of such department. (Ord. 374 § 8, 1970)
5.16.090 Hours.
No entertainment, assembly or amusement coming within the provisions of WMC 5.16.010 shall be conducted within the town of Westport between the hours of 2:30 a.m. and 7:00 a.m., except hereinafter provided. Should it be planned or advertised, or should it be expected, that an assembly of persons coming within the provisions of this chapter shall be convened between the hours of 2:30 a.m. and 7:00 a.m., no permit shall be granted hereunder unless the applicant shall meet the requirements of the State of Washington Department of Health regulations for sanitation for tourists in resort camps. (Ord. 374 § 9, 1970)
5.16.100 Exceptions.
The provisions of this chapter shall not apply to entertainment, amusements or assemblies held in camps, parks or resorts currently and validly having permits under the existing ordinances of the town of Westport. Provisions of this chapter shall not apply to entertainments, amusements, or assemblies organized or sponsored by locally recognized or established civic, charitable, or government groups or organizations complying with other applicable ordinances or regulations and who shall have made application for and obtained from the town council, formal waiver of the requirements of this chapter. (Ord. 374 § 10, 1970)
5.16.110 Attendance – Fee – Bond.
A petition or application for a permit under the provisions of this chapter shall state the number of persons expected or reasonably to be expected and the number of tickets printed and sold. It shall be the duty of the applicant to report the number of persons admitted to and exited from any event coming within the provisions of this chapter in such a manner that the number of persons present can be reasonably known at any time. Failure to provide a reasonably accurate record of the number of persons present shall give public law enforcement personnel the right to reasonably estimate the number present. Should the number of persons present at any time exceed by 20 percent or more the number for which the permit was granted, it shall be the right and duty of the public law enforcement personnel to prohibit further access to the event until such time as the number in attendance allows for compliance with the permit.
A permit fee shall be filed with the application subject to the following scale:
(1) Five hundred to 1,000: $1,000;
(2) One thousand to 5,000: $5,000;
(3) Five thousand and over: $10,000.
Applicants for a permit under this chapter shall post a bond in the amount of not less than $5,000 with the clerk, conditioned to the effect that all rentals have been paid, all workmen, material men, entertainers, suppliers, all traffic and crowd control personnel have been paid, and no liens shall be filed for labor, materials, or under any other lien law of the state of Washington, but otherwise the bond be in full force and effect. (Ord. 374 § 11, 1970)
5.16.120 Violation – Misdemeanor.
Any person who violates or fails to comply with the provisions of this chapter or who, having obtained a permit hereunder, wilfully fails to continue to comply with the terms and conditions hereof, or who counsels, aids or abets any such violation is guilty of a misdemeanor. (Ord. 374 § 12, 1970)
5.16.130 Compliance constitutes minimum standards – Noncompliance constitutes a nuisance.
Compliance with the terms and conditions of this chapter constitutes minimum health, sanitation and safety provisions, and material noncompliance with such provisions constitutes a public nuisance and be subject to all criminal, civil and equitable remedies as such. (Ord. 374 § 13, 1970)