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ORD 2000-01 ORDINANCE NO. 2000-01 AN ORDINANCE GOVERNING PUBLIC HEALTH, SAFETY AND SECURITY FOR LARGE GROUP FUNCTIONS: 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 three hundred andfifty(350) or more persons simultaneously gathered in a common area for three (3) hours or more. Exemptions to this number of persons 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 Medk;al 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 b;:"ii."~-- be appointed by the Jefferson County Commissioners. 1.9 "Extraordinary Expense" means all costs incurred by the County resulting from said event for increased law enforcement; fire protection; emergency medical services and administration. 1.10 "Health Officer" means the Jefferson County Health Officer . designated herein as "Health Officer" or hislher designated representative. 1.11 "Board" means the Jefferson County Health Board 1.12 "Person" means any natural person, partnership, voluntary association, corporation or political entity. 1.13 "Extraordinary Costs" shall mean and include all increases in cost of county personnel necessitated by subject event and costs of supplies and material directly associated with such event over and above those generally required on a average daily basis in the normal operation of the county's business. Section 2. PERMIT REOUIRED: No person shall operate any large group function or cause other persons to gather for the purpose of a large group function unless he/she shall hold a permit for a large group function issued by the Special Events Coordinator. 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 hislher completed application to the Special Events Coordinator through the County Commissions office not later than sixty (60) days preceding the date of the large group function. 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. 2. ORDINANCE 3. ORDINANCE (b) The purpose of the proposed large group function and the daters) 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 of the function 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. (f) 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 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 has been made for reimbursement to the County for extraordinary costs and expense incurred from said event. (I) If alcohol is to be served at said function and if so what arrangements for permits have been made. 0) What specific arrangements the applicant will make for coordination of all of its efforts with county personnel required by this ordinance. 3.4. The application shall be accompanied with an application fee of Twenty-five Dollars ($25.00) per three hundred and fifty (350) persons projected to attend the large group function. This fee shall be non-refundable unless the applicant voluntarily withdraws his application, not less than ten (10) days after submittal. Section 4. PROCEDURE FOLLOWING APPLICATION: 4.1. As soon as it is conveniently possible following receipt of the application, the County Special Events Coordinator shall tentatively advise the applicant of whether the provisions contained in the application required by Sections 3.3. (e), (j), (g) and (h) will be sufficient to adequately protect the public health and safety, 4.2. The Special Events Coordinator shall consult with other public health and safety agencies to determine whether the provisions required by Section 3.3. (e), (j), (g), (h), (1) and (j) are satisfactory and are being complied with. 4.3. If the provisions required by Section 3.3 (e), (j), (g) , (h), (1) and (j) are being satisfactorily complied with the Special Events Coordinator shall request the county commissioners to 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. 4.4. 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), (j), (g), (h), (1) and (j). 4.5. Based upon the application submitted by the Applicant, the County will make a determination as to the approximate extraordinary costs and expenses required to safely allow subject group function to occur. The applicant will then be required to agree to the re-payment to the County of those said extraordinary costs and expenses. In no event shall the County be allowed to increase those costs and expenses more than ten (10%) percent over the estimate agreed upon. The above restriction on costs does not include any increase costs incurred by all governmental agencies necessitated by emergency created as a result of subject event and not under the control of Jefferson County. 4.6 Relative to those costs enumerated in paragraph 4.5 above, extraordinary costs and expense incurred due to major 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 of Jefferson 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 Coordinator for any of the following reasons: 4. ORDINANCE (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), (j), (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 County may exempt from the requirements of this regulation permanent facilities such as theaters, auditoriums or arenas and such other functions such as religious functions, school functions, carnivals, fairs and rodeos if they feel that due to the design, character and operation of such facilities or events, compliance with this regulation is unnecessary in order to protect the public health and safety. 6.2. 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 call a special meetingfor the purpose of hearing such an appeal. 5. ORDINANCE . 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 relative to not obtaining a permit for such a function only shall constitute a misdemeanor, and on conviction thereof the violator shall be fined not less than $100.00 nor more than $500.00. 8.2 This resolution may also be enforced by an injunction or other appropriate action at law or in equity. 8.3. The non-payment of extraordinary expenses and 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 eriforcement shall 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. Passed and Adopted this / .) tt. day of lM4tA/ ,2000. ~~ SAM SAMSON. ' Chair l(jj/, a~U(/5Jd GLENNA OBIE, Commissioner ATTEST: 6. ORDINANCE