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RES 1981-29 GOVERNING PUBLIC HEALTH SAFETY w �. 1 RESOLUTION NO. 29 2 A RESOLUTION GOVERNING PUBLIC HEALTH, SAFETY AND SECURITY FOR GROUP FUNCTIONS: 3 In consideration of the increasing number of group functions in Jefferson 4 County and the requirement governing public health, safety and security of 5 participants and the general public, the following resolution is adopted: 6 Section 1. DEFINITIONS As used in this resolution, the following 7 wards shall have the specified mea unless the context clearly indicates 8 otherwise: 9 1.1 "Group Function" means five hundred (500) or more persons 10 simultaneously gathered in a common area for three (3) hours or more. 11 1.2 "Health Officer" means the Jefferson County Health Officer 12 designated herein as "Health Officer" or his designated representative. 13 1.3 "Board' means the Jefferson County Health Board. 14 1.4 "Person" means any natural person, partnership, voluntary 15 association, corporation or political entity. 16 Section 2. PERMIT REQUIRED No person shall operate any group 17 function or cause other persons to gather for the purpose of a group 18 function unless he shall hold a health permit for a group function 19 issued by the Health Officer. 20 Section 3 APPLICATION FOR PERMIT 21 3.1 A person desiring to operate a group function shall submit his application to the Health Officer not later than forty -five 22 (45) days preceding the date of the group function. 2 3 3.2. The application shall contain the following information: 24 (a) The name of the person organizing the group function and if other than a natural person, its responsible 25 officers. 26 (b) The purpose of the proposed group function and the date (s) and hours of the function. 27 (c) The location of the proposed group function and 28 the means of entry and exit thereto. 29 30 31 32 STATE PU EMINO CO. 'JELSMA. MONT. it I (d) The estimated total attendance at the group function and the estimated peak attendance 2 at any point in time. 3 (e) The provisions that have been made or will be made for the following: 4 Sanitary disposal of human waste; 5 sanitary disposal of trash, garbage and other non -human waste; safe food 6 and beverages, including approval of food handling, safe water and traffic 7 control within the designated area. 8 (f) The provisions that have been made or will be made for emergency services, including law 9 enforcement, fire protection and medical ser- vices. The applicant shall state the agency 10 which is intended to provide these services and when the agency will be consulted to 11 determine any special requirements it may have. 12 (g) That provisions have been made for sufficient insurance to indemnify Jefferson County from 13 litigation that may result from said function. 14 3.3 The application shall be accompanied with an application fee of Twenty -five Dollars ($25.00) 15 per Five Hundred (500) persons projected to attend the group function. This fee shall be non- refund -- 16 able unless the applicant voluntarily withdraws his application, not less than ten (10) days prior 17 to the beginning of the proposed group function. 18 Section 4. PROCEDURE FOLLOWING APPLICATION 19 4.1 As soon as it is conveniently possible following receipt of the application, the Health Officer 20 shall tentatively advise the applicant of whether the provisions contained in the application required 21 by Sections 3.2 (e), (f) and (g) if complied with will be sufficient to adequately protect the public 22 health and safety. 23 4.2 The Health Officer shall consult with other public health and safety agencies to determine whether the 24 provisions required by Section 3.2 (e), (f) and (g) are satisfactory and are being complied with. 25 4.3 If the provisions required by Section 3.2 (e), (f) 26 and (g) are being satisfactorily cemnlied with. the Health Officer shall issue a permit for the group 27 function. The permit shall be issued not later than ten (10) days preceding the date of the group 28 .function. 29 4.4 Issuance of the permit may be conditional and the Health Officer may require a bond or other sufficient 30 security to insure compliance with the provisions required by Section 3.2 (e), (f) and (g). 31 Section 5. DENIAL OR REVOCATION OF PERMIT 32 5.1 A permit may be denied or revoked by the Health 6TATC pu ■LI*MING CO, M1tLKNA. MONT, 1 Officer for any of the following reasons: 2 (a) If the proposed group function would cause a substantial danger to the public health 3 or safety. 4 (b) That the provisions contained in the application required by Section 3.2 (e) 5 and (f) are inadequate to protect the public health and safety. 6 (c) That the applicant has failed to comply 7 with the provisions provided for in his application. 8 (d) That the applicant has failed to provide 9 complete and accurate information on the application. 10 5.2 The permit shall be revoked by delivering a written 11 notice of revocation to the person operating the group function or one of its responsible officers 12 or by mailing such notice to the person at the address as shown on the application. Service of 13 the notice of revocation shall be complete on delivery or mailing. 14 Section 6. EXEMPTIONS 15 6.1 The Health Officer may exempt from the requirements 16 of this regulation permanent facilities such as theaters, auditoriums or arenas if he feel that due 17 to the design and operation of such facilities compliance with this regulation is unnecessary in 18 order to protect the public health and safety. 19 6.2 No fee shall be charged for issuing such an exemption. 20 6.3 An exception may be revoked in the same manner as a permit issued under this regulation. 21 Section 7. APPEALS: zz 7.1 Any person may appeal the action of a Health Officer 23 in granting or denying a permit or an exemption to the Jefferson County Commissioners. 24 7.2 The appeal shall be in writing and filed with the 25 Jefferson County Commissioners within five (5) days 26 of the action complained of. 7.3 The Chairman of the Jefferson County Commissioners 27 may call a special meeting for the purpose of hearing 28 such an appeal. 7.4 The decision of the Jefferson County Commissioners 29 on appeal shall be final, excepting that the applicant may solicite the jurisdiction of the District Court 30 through mandamus or other action. 31 Section 8. ENFORCEMENT 32 8.1 Violation of this regulation shall constitute a STATE Pu ■LION NQ CO. NEL[NA. MONT. ` r 1 misdemeanor, and on conviction thereof the violator.. shall be fined not less than Fifty Dollars ($50.00), 2 nor more than Five Hundred Dollars ($500.00). 3 8.2 This regulation may also be enforced by an injunction or other appropriate action at law or in equity. 4 Passed and adopted this day of July, 1981. 5 6 7 airm 8 9 10 ommissioner 12 13 ommissioner ATTEST: 15 , C lerlc- � Recorder 16 4 . 17 .: 18 _ 19 20 21 22 23 24 i 25 26 27 28 29 30 31 32 STATE PUB LIBNINO Co. NSLENA. MONT. III .�- 4