HomeMy WebLinkAbout203517 6.. ,'i3•79
ORDINANCE NO. 02035
1 AN ORDINANCE of the City of Port Angeles
requiring licenses for outdoor music
2 festivals within the City of Port Angeles,
establishing requirements for the issuance
3 of such license, and providing penalties
• for the violation of the ordinance.
4
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ANGELES
B as follows:
7
Section 1. Purpose. This ordinance is an exercise of
8 the police power for the protection of the health, welfare, and
g safety of the residents of the City of Port Angeles, to provide
10 for the orderly and lawful conduct of outdoor music festivals, by
11 assuring that proper sanitary, health, fire, safety and police
12 measures are maintained.
13 Section 2. Definitions. The following definitions
14 shall apply to the provisions of this ordinance:
15 (1) "City" means City of Port Angeles.
lg (2) "Applicant" means a person who is the promoter of
17 an outdoor music festival and who applies to the City for a
18 license to hold an outdoor music festival.
19 (3) "Participate" means to knowingly provide or de-
20 liver to the festival site supplies, materials, food, lumber,
21 beverages, sound equipment, generators, or musical entertainment
22 and /or to attend a music festival.
23 (4) "Outdoor Music Festival" or "music festival" or
24 "festival" means an assembly of persons gathered primarily for
25 outdoor, live or recorded musical entertainment, where the pre-
28 dicted attendance is three hundred persons or more, and where the
27 duration of the program is four hours or longer.
28 (5) "Person" means any person, firm, corporation,
29 association, partnership, venture, society, club, or organization
30 whatsoever.
31 /
32 /
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Section 3. Permit Required - Compliance. No person
shall knowingly allow, conduct, hold, maintain, cause to be adver-
tised, permit, or participate in an outdoor music festival within
the City unless a valid permit has been obtained from the City for
the operation of such outdoor music festival. Such festival shall
be conducted in accordance with the requirements of this
ordinance. One such permit shall be required for each outdoor
music festival, and such permit shall allow conduct of a festival
for no more than five (5) consecutive days. Any person failing to
comply with the rules, regulations, or conditions contained in
this ordinance shall be subject to the penalties prescribed by
this ordinance.
Section 4. Application for Permit - Contents.
Application for an outdoor music festival permit shall be in writ-
ing, and filed with the City Clerk. Said application shall be
filed not less than thirty days prior to the first scheduled day
of the festival, and shall be accompanied by the proper permit fee.
Said application shall include the following information:
(1) The name of the person or other legal entity on
behalf of whom said application is made, provided, that a natural
person applying for such permit must be eighteen years of age or
older;
(2) Financial statement of the applicant;
(3) Nature of the business organization of the appli-
cant;
(4) Names and addresses of all individuals or other
entititled having a ten percent or more proprietary interest in
the festival;
(5) Principal place of business of the applicant;
(6) Legal description of the land to be occupied, the
name and address of the owner thereof, together with a document
showing the consent of the said owner to the conduct of an
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outdoor music festival if the land be owned by a person other than
the applicant;
(7) The scheduled performances and program;
(8) Written confirmation from the local health officer
that he has reviewed and approved plans for site and development
in accordance with rules, regulations and standards adopted by the
state and local boards of health;
(9) Written confirmation from the chief of police of
the City that police have been contracted for or otherwise provided
by the applicant meeting the following conditions:
(a) One commissioned police officer or deputy
sheriff for each two hundred persons reasonably expected to be in
attendance at any time during the event for purposes of traffic
and crowd control outside the confines of the actual outdoor music
festival; which officers shall be present outside the festival for
a minimum of two (2) hours before the beginning and two (2) hours
after the close of the festival;
(b) One commissioned police officer or deputy
sheriff for each two hundred persons reasonably expected to be in
attendance at any time, which officers shall be within the confines
of the actual outdoor music festival for the entire time it is open
to the public;
(10) Written confirmation from the chief of police of
the City that sufficient access roads are available for ingress
and egress to the parking areas of the festival, and that parking
areas are available on the site of the festival or immediately
adjacent thereto which are capable of accommodating one auto for
every four persons in estimated attendance at the outdoor music
festival;
(11) Written confirmation from the fire chief of the
City that all fire prevention requirements have been complied with;
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(12) Written statement of the applicant that all state
and local law enforcement officers, fire control officials and
other necessary governmental personnel shall have free access to
the site of the outdoor music festival at any time during the
festival;
(13) Written statement that the applicant will abide by
all requirements of this ordinance;
(14) Verification of the applicant warranting the truth
of all matters set forth in the application to the best of appli-
cant's knowledge, under the penalty of perjury.
Section 5. Application - Permit Fee. The fee for any
outdoor music festival shall be based upon the reasonably expected
attendance at such festival, and shall be as follows:
(1) If the reasonably expected attendance is less than
five hundred (500) persons, the fee shall be fifty ($50) dollars;
(2) If the reasonably expected attendance is more than
five hundred (500) but less than one thousand (1,000) persons, the
fee shall be two hundred fifty ($250) dollars;
(3) If the reasonably expected attendance is more than
one thousand (1,000) persons, the fee shall be five hundred ($500)
dollars;
(4.) If, after the festival, the actual attendance ex-
ceeded the reasonably expected attendance upon which the fee amoun
was based, the applicant shall immediately remit to the City the
amount required for a license for the festival, based upon that
actual attendance.
Section 6. Denial of Application.
(1) The Clerk shall deny any application for a license
where the applicant is not in compliance with all ordinances of
the City of Port Angeles and laws of the State of Washington as
now existing or hereafter amended. The Clerk shall, upon denial,
inform the applicant in writing of the reason for denial, shall
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cite the ordinance or law in regard to which the applicant is in
violation, and shall refund the tendered license fee. Such denial
must occur within ten (10) days of the date of the application.
(2) Any applicant denied a license by the City Clerk
shall have a right of appeal to the City Council. The applicant
shall, within ten (10) days of receipt of notice of the denial,
give notice to the City Clerk, in writing, of the applicant's
intent to appeal the Clerk's decision to the City Council. The
Clerk shall place the applicant's appeal on the agenda of the next
regularly scheduled City Council meeting, and forthwith inform the
applicant, in writing, of the date, time and location of the
meeting.
(3) The City Council shall hold a public hearing, upon
the applicant's appeal of the denial, at which the applicant may
present testimony as to his compliance with the state law or city
ordinance which he has allegedly violated.
(4) After the close of the public hearing, the City
Council shall either grant the license, or sustain the denial.
The City Council shall make findings of fact, which shall be
incorporated in its minutes, as to the basis for its decision.
Section 7. Cash Deposit or Surety Bond - Insurance.
(1) After approval the applicant shall deposit with the
City a cash deposit or surety bond, in an amount of two hundred
fifty ($250) dollars. The bond or deposit shall be used to pay
costs or charges incurred to regulate the health or to clean up
the festival grounds after the festival, or any extraordinary costs
or charges incurred to regulate traffic or parking. The bond or
other deposit shall be returned to the applicant when the City is
satisfied that no further claims for damage or loss will be made,
or that the loss or damage claimed is less than the amount on
deposit, in which case the uncommitted balance thereof shall be
returned. In any event, such bond or cash deposit or uncommitted
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portion thereof shall be returned not later than thirty (30) days
after the last day of the festival. The cash deposit or surety
bond required by this section shall be waived by the City, if the
applicant presents evidence that a cleaning deposit has been
required by, and made to, the owner of the premises upon which the
festival is to be conducted.
(2) After approval, the applicant shall furnish evidence
that he has in full force and effect a liability insurance policy
in the amount of not less than one hundred thousand ($100,000)
dollars bodily injury coverage per person and one hundred thousand
($100,000) dollars property damage, covering any bodily injury or
property damage negligently caused by any officer or employee of
the festival while acting in the performance of his or her duties.
The policy shall name the City of Port Angeles as an additional
named insured.
Section 8. Revocation of License.
(1) The city manager or his designee is hereby author-
ized to revoke the license of any person when there is a reasonable
belief that the festival is being conducted in violation of any
ordinance of the City of Port Angeles or any law of the State of
Washington. The city manager, or an authorized city employee,
shall secure the license and post notice of revocation of the
license on the premises. Written notice of the revocation of the
license shall be given to the holder of the license, in accordance
with the terms of this ordinance.
(2) Conduct of business after the notice of revocation
of the license is given pursuant to subsection A of this section
shall be unlawful. It shall also be unlawful for any person with
actual knowledge of the revocation to transact any business with
any person whose license has been revoked.
(3) Upon revocation, the license holder shall have a
right of appeal to the City Council. The applicant shall, within
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ten (10) days of the notice of the revocation, give notice to the
City Clerk, in writing, of the applicant's intent to appeal the
revocation to the City Council. The Clerk shall place the
licensee's appeal on the agenda of the next regularly scheduled
City Council meeting, and forthwith inform the licensee, in writ-
ing, of the date, time and location of the meeting.
(4) The City Council shall hold a public hearing, at
which the licensee may present testimony as to his compliance with
the state law or city ordinance which he has allegedly violated.
(5) After the close of the public hearing, the City
Council shall make findings of fact which shall be incorporated
in its minutes, as to the basis of its decision. The City Council
may sustain the revocation of the license, reinstate the license
with conditions, reinstate the license after a time certain, or
immediately reinstate the license. In making its decision, the
Council shall consider and make findings of fact in regard to the
nature of the violation of the law or ordinance.
Section 9. Dispersal of Assembly. After the conclusion
of the festival, no person, other than the applicant, his em-
ployees or agents, performers, and authorized law enforcement per-
sonnel, shall be permitted to remain at the location of the festi-
val for more than two (2) hours after the conclusion of the festi-
val.
Section 10. Hours of Operation. No outdoor music festi
val shall be conducted between the hours of 11:00 PM and 7:00 AM.
Section 11. Penalty. Any person who shall violate or
fail to comply with any provision of this chapter or who shall,
having obtained a permit hereunder, wilfully fail to continue to
comply with the terms and conditions of this chapter, or who shall
knowingly permit or allow any person to violate any ordinances of
the City of Port Angeles or laws of the State of Washington, or
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who shall counsel, aid, or abet such violation or failure to
comply shall be deemed guilty of a misdemeanor.
Section 12. Severability. If any section or subsection
of this ordinance shall be declared void or unconstitutional, each
and every other section or subsection of this ordinance shall
continue in full force and effect, as if enacted without the
voided section or subsection.
Section 13. Effective Date. This ordinance shall take
effect five (5) days after its publication.
PASSED by the City Council of the City of Port Angeles
at a regular meeting of the Council held on the 84d day of
July, 1979.
ATTEST:
Marian C. Parrish, City Clerk
APPROVED AS TO FORM:
Craig iller, City Atto
BLISHED:
aP-el /109
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