No preview available
HomeMy WebLinkAbout1858 Regulation of Assemblies ORDINANCE NO. /~ AN ORDINANCE providing for the regulation of assemblies; defining the factors and conditions pertaining thereto; setting forth a procedure for the issuance of permit and fixing penalties for the violation, or violations, hereof. WHEREAS, it appears necessary for the protection of the health and welfare of the general public with regard to entertain- ment, amusements and assemblies catering to the general public, that certain rules and regulations be set forth in writing and thus be.established and ~fixed; and WHEREAS, there is a danger to the people attending or taking part i~ the gatherings, if proper sanitary, police and other health~an~ safety measures are not reasonably determined; now, therefore, THE CiTY COUNCIL OF THE CI'TY ~OF PORT TOWNSEND~ DO ORDAIN AS'FOLLOWS: SECTION 1. BASIC CLAUSE: It shall be unlawful for any person or persons, corporation, organization, landowner, lessee or lessor to allow, encourage, organize, promote, conduct, permit or cause to be advertised as an entertainment, amusement, or assembly of personal for any purpose which said person, p~r~o~s, corporation, organization, landowner, lessee or lessor believes or has reason to believe, will attact one hundred (100) or more persons for six (6) or more continuous hours or thirty (30) or more persons for four (4) or more continuous hours in any day, or who prepares or sells tickets numbering one hundred (100) or more for an event of six (6) or more continuous hours in one or more days, at a particular location within the City of Port Townsend, unless a valid and current permit has bee~'ob~'tned for the operating of said amusement, entertainment or assembly as in this ordinance specified. Said permits shall be -1- required for all such entertainments, amusements and assemblies to be held three (3) or more days from the date of the adoption and publication of this ordinance. One permit shall be required for each entertainment, amusement or assembly. Criminal or civil liability for failure to comply with the provisions of this ordinance shall rest in all persons, corporations, organizations, landowners, lessees or lessors who are responsible for the obtaining of permits under this section. SECTION 2. DEFINITIONS: General Public - Citizens and members of the community except in groups made up entirely of related kin. Entertainment - An act of entertaining or being entertained. Specifically - amusement, hospitality given or received, the consideration of an idea, etc., thus, the keeping of the same in mind. Something that entertains is interesting, diverting, or amusing as a show or performance. - Any act or event causing or inducing relaxation Amusement an/or gaiety. Assembly - The concourse or meeting together of a consider- able number of persons.at the same place. SECTION 3~ LICENSING CLAUSE: Written final application for amusement, entertainment or assembly permits shall be ~ade to the Port Townsend Chief of Police and said application must be submitted three (3) or more days prior to the first day upon which such amusement, entertainment or assembly is-.~o be or may be held. Approval or denial of permits as herein provided for shall be made within two (2) days after application therefor. Permits shall not be denied provided the following conditions (1-5) are satisfactorily met by the applicant. -2- Denial of the permit by the Chief of Police shall be in writing with reasons for the denial and shall be subject to appeal to the City Council by action filed within ten (10) days of the denial. SECTION 4. SUBMISSION OF PLANS FOR APPROVAL -- APPROVING AGENCIES: Whenever approval by the Health Department is required here- under, application for such approval shall be made ten (10) or more days prior to making final application for the entertain- ment, amusement or assembly permit. Approval or denial by said agencies shall be made within two (2) days of the date of appli- cation. 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 three (3) or more days before event for which an ~pplication is submitted shall begin and shall be subject to inspection by the approving agencies or departments at their convenience. Said inspections shall be made and approval or disapproval ~granted on or before the second day preceding the event. Should the actual facility or construction fail to meet the standards approved in the proposed plant, such preliminary approval shall be withdrawn and any and all permits granted subject to such approval shall be withdrawn. No inspection fee or approval fee shall be charged other than the general! permit fee required hereunder. SECTION 5. CONDITION NO. 1 - SANITARY FACILITIES: No permit for an entertainment, amusement, or assembly shall be granted unless the application is accompanied by the written approval of the Olympic Health District affecting the following minimum standards: 1. Water Supply (a) Every location for which a permit must be obtained hereunder shall have an ~adequate supply of water whiCh is of a sanitary quality meeting the demands as prescribed by the Washington State Department of Health. -3- (b) Drinking fountains or drinking facilities shall be provided to meet the requirements of the Revised Code of the State of Washington. 2. Toilets and Wa.shing ~cililies'~ (a) Every location for which a permit must be obtained hereunder shall be provided with toilets, urinals and hand washing facilitiies conveniently located. (1) S~parate toilet facilities shall be provided or each sex and shall be marked. (2) Toilets must be water-flushed or fly-tight sanitary privies approved by the Health Officer of sanitarian. (3) The minimum number of the above facilities to be provided shall be in accordance with the orders of the Olympic Health District. 3.. Food Preparation and Food Service Facilities Should the applicant for a permit hereunder provide or have reason to believe that there will he.provided any type of public food se-~i~sfor the event for which the permit i~ required, then the applicant shall submit with his appliCation the approval of the Olympic Health District for the facilities so provided. Such facilities shall meet the specifications required by the said Health District. SECTION 6. CONDITION NO. 2: No permit shall be granted hereunder unless the applicant has shown that the Jefferson County Civil Defense Director and the Fire Chief in the Fire District where the event is to be held has approved fire protection devises and equipment available at, in or near any building, tent, stadium or enclosure or wherein or whereupon more than ten (10) persons may be expected to congregage at any time during the course of such entertainment, amusement or assembly for which a permit is required. Fire prevention standards shall be those as provided by state law. -4- SECTION 7. CONDITION NO. 3: No permit shall be granted hereunder unless it shall be in application to the Chief of Police that adequate traffic control and crowd protection policing have been contracted for or otherwise provided by the applicant. Traffic control - crowd oontrol personnel shall be patrolmen or named persons approved by the Chief of Police and submitting affidavits that they have not been convicted of a felony within the previous ten (10) years. There shall be provided one (1) traffic control-crowd control person for each one hundred (100) persons expected or reasonably to be expected to be in attendance at any time during the event, provided that a minimum of three (3) such personnel shall be provided for any event coming within the provisions of this ordinance. Sufficient personnel shall be provided so that the above requirements will be met throughout the event without working any personnel more than twelve (12) hours without at least any eight (8) hour rest period before his next hours on duty. SECTION 8. CONDITION NO. 4: Application for a permit under this title shall be accompanied by scale drawing showing adequate parking facilities have been made available adjacent to the location for which the permit is requested. 'Such parking facility shall provide parking space for one vehicle per every four persons expected or reasonably to be expected to attend the amusement, entertainment or assembly. Adequate ingress and egress shall be provided from such parking area to facilitate the movement of any vehicle at any time or from the parking area. PROVIDED, that should buses be used to transport persons to the entertainment, amusement or assembly it shall-be parking as d~scribed-~bove is available at any site from which buses are scheduled to transport persons to an event regulated by this ordinance. -5- SECTION 9. CONDITION NO. 5: No permit shall be granted hereunder unless the applicant shall in writing upon the application for such a permit consent to allow the law enforcement and public health and fire control officers of the county 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 is granted. SECTION 10. No entertainment, amusement or assembly coming within the provisions of Section 1 shall be conducted in the City of Port Townsend, between the hours of 2:00 A.M. and 7:00 A.M., except as hereinafter provided. Should it be planned, advertised, or should there be reason to believe that an assembly of persons coming within the provisions of this ordinance shall create an unusual amount of noise or that it is anticipated that there will be an unusual amount of noise detrimental to the public health, safety and welfare then the City Council may~s~t ~d!tional~imitat~ons or extensions on t~e~hours, provided that any limitations shall not infringe on activities during daylight hours after the hour of 7:00 A~M~ SECTION 11: The provisions of this ordinance shall not apply to regularly scheduled entertainments~ amusements and assemblies held at camps, parks, ~in%~unds~.,~Indian gathering places or resorts. SECTION Application for a permit under the provisions of this ordinance shall state the number of persons exuected or reasonably expected and/or the number of tickets printed and sold. It shall be the duty of the applicant to record the number of persons admitted to and exited from any event coming within the provisions -6- of this ordinance 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 twenty percent (20%) or more the number for which the permit was granted it shall be the right and the duty of the public law enforcement agencies 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 to 1,000 $ 100.00 1,000' to 5,000 500~.00 5,000 and over 1,500.00 SECTION 13: Any person~who shall violate or fail to comPly with any provision of this ordinance, or who shall, having obtained a permit hereunder, willfully fail to continue to comply with the terms and conditions ~hereof, or who" shall counsel, (aid or abet) such violation, dr failure, to comply shall be deemed guilty of a misdemeanor. SECTION 14: Compliance with the terms and conditions of this ordinance shall constitute minimum health, sanitation and safety provisions, and non-compliance with said terms and conditions shall constitute a public nuisance and be subject to all criminal, civil and equitable remedies as such. SECTION 15: If any provision of this ordinance, or its application to any is held invalid, the remainder of this -7- ordinance, or the application of the provision to other persons or circumstances is not affected. SECTION 16: This ordinance shall be published 'once and ~take effect five days thereafter. Passed May 6, 1980. ATTEST: ay°r APPROVED AS TO FORM: -8-