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ORD 2012-01 LARGE GROUP FUNCTIONS ORDINANCE NO. 2012 -01 REVISION OF ORDINANCE GOVERNING PUBLIC HEALTH, SAFETY AND SECURITY FOR LARGE GROUP FUNCTIONS (SUPERSEDES ORDINANCE NO. 2002 -01): In consideration of the increasing number of large group functions in Jefferson County and the requirement governing public health, safety and security of participants and the general public, the following resolution is adopted: Section 1. DEFINITIONS: As used in this resolution, the following words shall have the specified meanings unless the context clearly indicates otherwise: 1.1 "Large Group Function" means one thousand plus (1000 +) persons simultaneously gathered in a common area for eight (8) hours or more or thirty five hundred plus (3500 +) persons gathered for eight (8) hours or less. Exemptions to this number ofpersons may be established by the applicant filing a request for an exemption under section 6. 1.2 'Law Enforcement Official" shall mean the duly elected, acting, or appointed Sheriff of Jefferson County. 1.3 "Chief of Fire Protection" shall mean acting or appointed Chief of fire protection, whether county or volunteer, for the area within which the event is to be held. 1.4 "Emergency Medical Services" means to ability to provide such emergency medical services for the event sufficient to sustain on an emergency basis the medical safety for all persons that might require such services, whether stemming either directly or indirectly for such event. 1.5 "Emergency Medical Director" shall mean the duly acting or appointed Emergency services management official for such event. 1.6 "Reclamation and Noxious Weed Control" shall mean the restoration of the site area to such condition that will preserve the surrounding area in its pre event condition. 1.7 "Reclamation and Weed Control Officer" shall mean the County Weed Supervisor. 1.8 "County Special Event Coordinator" shall mean the duly appointed Jefferson County Special Events Coordinator, who shall 1. ORDINANCE be appointed by the Jefferson County Commissioners. 1.9 "Health Officer" means the Jefferson County Health Officer designated herein as "Health Officer" or his /her designated representative. 1.10 "Board" means the Jefferson County Health Board. 1.11 "Person" means any natural person, partnership, voluntary association, corporation or political entity. 1.12 "Extraordinary Costs" shall include all increases in cost of county personnel, supplies and material necessitated by disasters resulting from the operation of said event. 1.13 "Anticipated attendance" is the event promoter's estimate of the number of persons projected to attend the large group function. The estimate shall be determined by pre -sold tickets as well as passes given to staff , vendors, media, band members, and security personnel_ 1.14 "Actual attendance" shall be the peak attendance at any point in time during the event. This number shall be determined by a committee comprised ofa county official, an event security employee, and a third member agreed upon by both the County and the Event promoter. Section 2. PERMIT REQUIRED: No person shall operate any large group function or cause other persons to gather for the purpose ofa large group function unless he /she shall hold a permit for a large group function issued by the Special Events Coordinator. Events held within incorporated towns will not be governed by this regulation. Section 3. APPLICATION PERMIT: 3.1. A formal application for large group functions must be obtained from the Jefferson County Commissioners for all such functions which must be completed and returned to the Commissioner's Office who shall then direct the application to the Jefferson County Special Events Coordinator for further processing. 3.2. A person desiring to operate a large group function shall submit his/her completed application to the Special Events Coordinator through the County Commissions office not later than thirty (30) days preceding the date of the large group function. 2. ORDINANCE 3.3. The application shall contain the following information: (a) The name, address and phone number of the person organizing the large group function and if other than a natural person, its responsible officers. (b) The purpose of the proposed large group function and the date(s) and hours of the function. (c) The location of the proposed large group function and the means of entry and exit thereto. (d) The estimated total attendance ofthefunction and the estimated peak attendance at any point in time. (e) The provisions that have been made or will be made for the following: Sanitary disposal of human waste; sanitary disposal of trash, garbage and other non -human waste; safe food and beverages, including approval of food handling, safe water and traffic control within the designated area. q) The provisions that have been made or will be made for emergency services, including law enforcement, fire protection and medical services and site restoration. The applicant shall state the agency /contractor which is intended to provide these services and the person in charge at that agency and when the agency will be consulted to determine any special requirements it may have. (g) That provisions have been made for sufficient insurance to indemnify Jefferson County from litigation that may result from said function. (h) That the provisions for securing adequate bonding have been made for reimbursement to the County Bonding shall be equal to the application fee set forth in Section 3.4. The bond shall cover the difference between the anticipated and actual attendance_ (i) If alcohol is to be served at said function and if so what arrangements for permits have been made. 6) What specific arrangements the applicant will make for coordination of all of its efforts with county personnel required by this ordinance. 3. ORDINANCE 3.4. An application fee of Two Hundred Dollars ($200) per one hundred (100) persons or Three Hundred Fifty Dollars ($350) per one hundred (100) persons at events where alcohol is allowed, shall be collected prior to the issuance of the permit. This fee shall be non- refundable unless the applicant voluntarily withdraws his application, not less than ten (10) days after submittal. 3.5. If the application fee is higher than the actual attendance, a proportionate amount will be refunded. Section 4. PROCEDURE FOLLOWING APPLICATION: 4.1. The Special Events Coordinator shall consult with other public health and safe agencies to determine whether the h' provisions g p required by Section 3.3. (e), (fl, (g), (h),(1) and 6) are satisfactory and are being complied with. 4.2. lithe applicant has complied with the provisions required by Section 3.3 (e), (fl, (g) , (h), (I) and i), the Special Events Coordinator shall issue a permit for the large group function. The permit shall be issued not later than thirty (30) days preceding the date of the large group function. The application fee will be paid at this time based on the anticipated attendance as defined in section 1.13. An additional fee will be paid within 10 days after the function and that fee will be based on the actual attendance as defined in section 1.14. 4.3_ Issuance of the permit may be conditional and the may require a bond or other sufficient security to insure compliance with the provisions required by Section 3.3 (e), (0, (g), (h), (I) and (j). 4.4. Costs incurred by all governmental agencies necessitated by emergency created as a result of subject event and not under the control of Jefferson County shall not be covered by the application fee. 4.5. Extraordinary costs and expense incurred due to disasters resultingfrom the operation of said event shall not be included in the cost and expense cap and may be charged as such costs would be billed under other statutes of the State of Montana ordinances and regulations ofJefferson County as more specifically set forth therein. Section 5. DENIAL OR REVOCATION OF PERMIT: 5.1. A permit may be denied or revoked by the Special Events 4. ORDINANCE Coordinator for any of the following reasons: (a) If the proposed large group function would cause a substantial danger to the public health or safety. (b) That the provisions contained in the application required by Section 3.3 (e), (f), (g) and (h) are inadequate to protect the public health and safety. (c) That the applicant has failed to comply with the provisions provided for in the application. (d) That the applicant has failed to provide complete and accurate information on the application. 5.2 The permit shall be revoked by delivering a written notice of revocation to the person operating the large group function or one of its responsible officers or by mailing such notice to the person at the address as shown on the application. Service of the notice of revocation shall be complete on delivery or mailing, Section 6. EXEMPTIONS: 6.1. The event promoter may request the Special Events Coordinator issue an exemption from the permit requirements of this regulation if the proposed event is to be held at a permanent facility whose design, character and operation meet the criteria set forth in Section 3 of this regulation. 6.2. The request for exemption must be submitted to the Special Events Coordinator 60 days prior to the proposed event. No fee shall be charged for issuing such an exemption. 6.3. An exemption may be revoked in the same manner as a permit issued under this regulation under the revocation provisions of par. 5.2. Section 7. APPEALS: 7.1. Any person may appeal the action of the Special Events Coordinator in granting or denying a permit or an exemption to the Jefferson County Commissioners. 7.2. The appeal shall be in writing and filed with the Jefferson County Commissioners within five (5) days of the action complained of 7.3. The Chairman of the Jefferson County Commissioners may 5. ORDINANCE call a special meeting for the purpose of hearing such an appeal. 7.4. The decision of the Jefferson County Commissioners on appeal shall be final, excepting that the applicant may solicit the jurisdiction of the Fifth District Court, Jefferson County through mandamus or other action. Section 8. ENFORCEMENT: 8.1. Violation of this resolution by not obtaining a permit for such a function or violating the terms and conditions of an issued permit shall be subject to a civil penalty not to exceed $2500 for each violation. In a civil action initiated by the county under the ordinance, the court may order the promoter found in violation of this ordinance to pay attorney's fees, costs and expenses incurred in enforcing this provisions of this ordinance. 8.2 Civil action to impose civil penalties does not bar an injunction or other appropriate action at law or in equity. 8.3. The non-payment of extraordinary costs within thirty (30) days of submission to the permittee by the county shall represent a civil violation of this resolution and may subject the permittee to the additional payment of costs and attorney fees incurred by the County in enforcement of this resolution. 8.4. Relative to the enforcement of paragraph 8.3. the means of enforcement may be through arbitration the venue of which shall be Jefferson County Montana. Arbitration shall be in accordance with the rules and regulations of the American Arbitration Association or enforced in the District Court of the Fifth Judicial District. Passed and Adopted this 22n day of May , 2012. Leonard Wortman, Chair Dave Kirsch, Commissioner ATTEST: .— "omas E. Lythgoe, Com • sio r alp Bonnie Ramey, C erk and 4 Recorder 6. ORDINANCE