Monday, July 20

IS THIS WHAT WE WANT? THIS IS THE PROPOSED MASS GATHERING ORDINANCE

 PRIVATE GEM COUNTY ORDINANCE 2015-04    tc  \l 3 " ORDINANCE NO.      "PRIVATE 

AN ORDINANCE OF GEM COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF IDAHO, REGULATING MASS GATHERINGS FOR GEM COUNTY, IDAHO

IT IS THE PURPOSE OF THE COUNTY TO REGULATE THE ASSEMBLY OF LARGE NUMBERS OF PEOPLE, IN EXCESS OF THOSE NORMALLY NEEDING THE HEALTH, SANITARY, FIRE, POLICE, TRANSPORTATION AND UTILITY SERVICES REGULARLY PROVIDED IN THE COUNTY, IN ORDER THAT THE HEALTH, SAFETY AND WELFARE OF ALL PERSONS IN THE COUNTY, RESIDENTS AND VISITORS ALIKE, MAY BE PROTECTED. 

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF GEM COUNTY THAT:  

SECTION 1. TITLE: This ordinance shall be known as the Gem County Mass Gathering Ordinance.  

SECTION 2.       AUTHORITY AND PURPOSE: 

This ordinance is adopted pursuant to the authority granted to counties to regulate mass gatherings as provided in the Idaho Code and the Constitution of the State of Idaho.

The purpose of this ordinance is to establish consolidated  rules and regulations governing mass gatherings. 

SECTION 3. DEFINITIONS:  

ASSEMBLY:  A company of persons gathered together at any county location at any single time for any purpose. 
 PERSON:  Any individual, natural human being, partnership, corporation, firm, company, association, society or group. 

COUNTY MASS GATHERING EVENT COORDINATOR:  The individual appointed by the Gem County Board of Commissioners to assist with the processing of applications for the licensing of mass gatherings as established by this ordinance. 

SECTION 4. LICENSE REQUIREMENTS:

 License Required:  No person shall permit, maintain, promote, conduct, advertise, act as entrepreneur, undertake, organize, manage or sell or give tickets to an actual or reasonably anticipated assembly of three hundred fifty (350) or more people, whether on public or private property, unless an exception  or a license to hold the assembly has first been issued by the Gem County Commissioners, the application for which must be submitted to the County Mass Gathering Event Coordinator at least sixty (60) days in advance of the assembly.

 License and Fee:  A separate license shall be required for each location in which three hundred fifty (350) or more people assemble or can reasonably be anticipated to assemble.  The fee for each license shall be as set by the Board of County Commissioners of Gem County.  

Ticket Sales:   A license shall permit the assembly of no more than the maximum number of people stated in the license. The licensee shall not sell tickets to nor permit to assemble at the licensed location more than the maximum permissible number of people.  

Location of Event:  No license shall be issued to any anticipated assembly of three hundred (350) or more people where said location may be hazardous, highly prone to wildfire, dangerous or detrimental to the public health, safety and welfare unless appropriate safety provisions have been met.

Exceptions:   

 This ordinance shall not apply to any regularly established, permanent place of worship, stadium, athletic field, arena, auditorium, coliseum, school or other similar permanently established place of assembly for assemblies which do not exceed by more than two hundred fifty (250) people the maximum seating capacity of the structure where the assembly is held.
 This ordinance shall not apply to government sponsored fairs or events held on regularly established fairgrounds nor to assemblies required to be licensed by other ordinances and regulations of the county, nor to assemblies within any incorporated municipality within the county.

This ordinance shall not apply to any place at which auctions and/or sales are held which do not exceed by more than two hundred fifty (250) people the maximum capacity of the structure or outdoor location where the assembly of the participants and/or buyers of items for auction or sale is held.  
SECTION 5.  CONDITIONS FOR ISSUING LICENSE:

 Number of Persons At Assembly:  Before an applicant may be issued a license, the applicant shall first determine the maximum number of people that will be assembled or admitted to the location of the assembly; provided that the maximum number shall not exceed the maximum number that can reasonably assemble at the location of the assembly, in consideration of the nature of the assembly; and provided that, where the assembly is to continue overnight, the maximum number shall not be more than is allowed to sleep within the boundaries of the location of the assembly by the zoning or health ordinances of the county.  

 Requirements At Applicant’s Expense:  Before an applicant may be issued a license, the applicant shall provide proof that the applicant will furnish, at the applicant’s own expense and before the assembly commences:

 Health Requirements:   

     Potable water, meeting all federal and state
requirements for purity, sufficient to provide drinking water for the maximum number of people to be assembled at the rate of at least one gallon per person per day and water for bathing at the rate of at least ten (10) gallons per person per day;

      Separate enclosed toilets for males and females, meeting all state and local specifications, conveniently located throughout the grounds, sufficient to provide facilities for the maximum number of people to be assembled at the rate of at least one toilet for every three hundred (300) females, and at least one toilet for every three hundred (300) males; an efficient sanitary means of disposing of waste matter deposited therein, and  which is in compliance with all state and local laws and regulations.

     A sanitary method of disposing of solid waste, in compliance with state and local laws and regulations, sufficient to dispose of the solid waste production of the maximum number of people to be assembled at the rate of at least two and one-half (2 ½) pounds of solid waste per person per day, together with a plan for holding and a plan for collecting all such waste at least once each day of the assembly and sufficient trash cans with tightfitting lids and personnel to perform the task.  

      A qualified Emergency Medical Technician (EMT) or Paramedic, qualified under the licensing requirements of the State of Idaho, sufficient to provide the average medical care enjoyed by residents of Idaho for the maximum number of people to be assembled up to two thousand five hundred (2,500), and at the rate of at least one EMT or paramedic for every two thousand five hundred (2,500) people, together with an enclosed, covered structure where treatment may be rendered, and at least one emergency ambulance available for use at all times.

     The above health requirements are to be minimum requirements only.  The plans for the health requirements shall be submitted to the Southwest District Health Department and approval included with the application.  

 Lighting:  If the assembly is to continue during hours of darkness, illumination sufficient to light the central area of the assembly, to include the medical and health facilities, at the rate of at least five (5) foot-candles, but not to shine unreasonably beyond the boundaries of the enclosed location of the assembly, to include laser lighting, spot lighting or strobe lighting, and compliance with all local, state, and federal laws and regulations regarding usage.  

 Parking: A parking area inside of the assembly grounds sufficient to provide parking space for the maximum number of people to be assembled at the rate of at least one parking space for every four (4) persons.  In the event that the site and access to it cannot handle the number of people expected to attend the assembly, the sheriff of Gem County may require the promoter to provide parking at other sites with transportation between the parking site and the site of the assembly to be provided by the promoter. 

Telephones:  Telephone service that is available for the maximum number of persons in attendance through the usage of land line or satellite telephone service, placed in accessible locations throughout the assembly area, and designated with large, legible notice of telephone location and availability. 

Camping Facilities:   In the event that temporary camping facilities are not available at the site of the propose assembly, the promoter shall provide temporary camping facilities elsewhere that shall be approved by the Southwest District Health Department.

Security Guards; Bond:  Either regularly employed, duly sworn off-duty peace officers of the State of Idaho or other qualified individuals sufficient to provide adequate security for the maximum number of people to be assembled at the rate of at least one security guard for every two hundred fifty (250) people shall be provided by the promoter.  A plan for the security guards shall be presented to the Gem County Sheriff, and approval of the plan shall be included with the application.  In the event the county sheriff requires extra help to provide security for the proposed assembly, the promoter shall deposit with the county a cash bond in the amount of five thousand dollars ($5,000), with a higher bond to be required if the county commissioners determine it to be necessary.  

Fire Protection:   A Fire protection plan, including alarms, extinguishing devices and fire lanes and escapes, sufficient to meet all federal, state and local standards for the location of the assembly, including applicable provisions of the International Fire Code, and sufficient emergency personnel to efficiently operate the required equipment shall be submitted to the applicable Fire District, and approval of the plan shall be included with the application.  

Traffic Control and Dust Abatement:  All traffic control and dust abatement measures shall be set forth in a written plan, approved by the county Road and Bridge Department Director and included with the application.  The promoter shall provide an emergency entrance and exit to and from the site of the proposed assembly and said emergency entrance and exit shall be kept open at all times for the use of emergency vehicles.  The promoter is responsible for providing a sufficient number of traffic control personnel that shall be set forth in the plan and approved by the Road and Bridge Department Director. 

Noise Control:  If the assembly is to include the use of amplification devices, the sound emitting from such devices shall not be plainly audible within any place of residence not the source of the sound.  Additionally, the sound emitting from such devices must be extinguished during the hours of 12:00 a.m. (midnight)  through 7:00 a.m. 

Insurance Policy:  

 An insurance policy, filed with the clerk
of the of the district court, underwritten        by an insurance company licensed to          do business In Idaho, in the minimum           amount of one million dollars, which            shall indemnify and hold harmless               Gem County or any of its agents, officers, servants and employees from any liability of causes of action which might arise by reason of granting this license, and from any cost incurred in cleaning up any waste material produced or left by the assembly, 
at the site or surrounding areas.  

 At the discretion of the Board of
Gem County Commissioners, a performance bond may be required to be deposited with the county commission either in cash or underwritten by a surety company licensed to do business in Idaho or through a letter of credit from an approved financial institution, at the rate of up to $10.00 per person for the maximum number of people permitted to assemble, which shall indemnify and hold harmless the county or any of its agents, officers, servants and employees from any liability or causes of action which might arise by reason of granting this license, and from any cost incurred in cleaning up any waste material produced or left by the assembly. 

SECTION 6.  APPLICATION FOR LICENSE

 Filing Period:   Application for a license to hold an actual or anticipated assembly of three hundred fifty (350) or more persons shall be submitted in writing to the County Mass Gathering Event Coordinator at least sixty (60) days in advance of such assembly.  

Sworn Statement Required:  The application shall contain a statement made upon oath or affirmation that the statements contained therein are true and correct to the best knowledge of the applicant and shall be signed and sworn to or affirmed by the individual or person (See definition) making application. In the case of a corporation, the oath or affirmation shall be made by the president or chief officer of the corporation; and  by all partners in the case of a partnership; and by all members of an association, society, or group.

Contents:  In addition to including the written approvals set forth in paragraph 2, above, the application shall also include and disclose:

a. The name, age, residence and mailing address of all persons required to sign the application, and, in case of a corporation, a certified copy of the articles of incorporation together with the name, age, residence and mailing address of each person holding ten percent (10%) or more of the stock of said corporation.

b.  The address and legal description of all property upon which the assembly is to be held, together with the name, residence and mailing address of the record owner(s) of the property. 
c.   Proof of Ownership of all property upon which the assembly is to be held or a statement made upon oath or affirmation by the record owner(s) of all such property for an assembly of three hundred fifty (350) persons or more. 

                                d.   The nature or purpose of the assembly.

                                e.   The total number of days and/or hours during                                         which the assembly will last. 

                                f.   The maximum number of persons which the                                           applicant shall permit to assemble at any time, not to                                  exceed the maximum number which can reasonably                                   assemble at the location of the assembly,                                                    considering the nature of the assembly, or the                                             maximum number of persons allowed to sleep within                                  the boundaries of the county if the assembly is to  
                                           continue overnight.

g. The maximum number of tickets to be sold, if any.

h. The plans of the applicant to limit the maximum                                      number of persons permitted to assemble.

i. The plan for supplying potable water, including the                                  source, amount available, and location of outlets.

                               j. The plans for providing toilet and lavatory facilities                                   including the source, number and location, the type                                    and the means of disposing of solid waste deposited.

                               k. The plans for holding, collecting and disposing of                                    solid waste material. 

                               l. The plans to provide for medical facilities including                                   the location and construction of a medical structure,                                   the names and addresses and hours of availability of
EMT’s or paramedics qualified under the licensing requirements of the State of Idaho and its provisions for emergency ambulance service.

                               m. The plans, if any, to illuminate the location of the                                   assembly, including the source and amount of power                                  and the location of lamps.


                               n. The plans for parking vehicles, including the size                                    and location of lots, points of highway access and                                       interior roads, including routes between highway                                         access and parking lots.

                               o. The plans for telephone service, including the                                         source, number and location of telephones.

                               p. The plans for camping facilities, if any, including                                     facilities available and their location.        

                               q. The plans for the use of any amplification devices                                   and the plan for noise control during the assembly.

                                r. The plans for security, including the number of                                         guards, their names, addresses, credentials and                                         hours of availability; the plans for fire protection,                                         including the number, type and location of all                                              protective devices, including alarms and                                                      extinguishers, and the number of emergency fire                                        personnel available to operate the equipment.

                                s. The plans for food concessions and                                                         concessionaires who will be allowed to operate on the                                 ground, including the names and addresses of all                                       concessionaires and their license or permit numbers. 

Bond; License Fee: Application approval requires payment in advance of any bond or license fee required.

SECTION 7.  LICENSE ISSUANCE

Upon receipt of the application for a license, it shall be properly noticed and placed on the Board’s agenda for its next regularly scheduled meeting, at which time it shall be reviewed publicly and a decision made to grant or deny the application.  The application shall be granted upon proof of compliance with this ordinance and fulfillment of all conditions required by the Board.  

SECTION 8.  REMOVAL OF STRUCTURES  

                      Unless other arrangements are approved at the time of permit                              approval, a cleanup shall take place, to include all structures,                               installations, excavations and construction being                                                   removed by the licensee from the site of the assembly at the                                termination of the event.  In the event this is not accomplished                              within ten (10) days after the assembly, the county is authorized to                       accomplish the removal and charge the cost of the removal against                       the performance bond.

SECTION 9. REVOCATION OF LICENSE

The license may be revoked by the county at any time if the                                  conditions necessary for the issuing of or contained in the license                         are not complied with, or if any condition previously met ceases to                        be complied with.

SECTION 10. VIOLATION; PENALTY 

 Public Nuisance:  The holding of any assembly in violation of any provisions or conditions contained in this chapter shall give cause to the county to seek injunctive relief for the creation of a public nuisance.  Said action shall be brought in any court of competent jurisdiction. 

 Violation of Mass Gathering Ordinance:  Any applicant who fails to obtain a permit, makes misrepresentations during the permit application process or otherwise violates this ordinance, may be subject to penalties set forth under I.C. § 31-714, including a fine of not more than one thousand dollars ($1,000) or by imprisonment not to exceed six (6) months or by both such fine and imprisonment.  Every day in violation is a separate offense.  The criminal provisions of this subsection are not enforceable against the licensee in the event injunctive relief under subsection 1 of this section is granted.   

Right of Entry: If the county issues a license to the promoter, the promoter shall allow entry to enforce provisions of this chapter or license.

APPROVED by the Gem County Board of County Commissioners on this

___________day of ______________, 2015.


___________________________
Mark Rekow, Chairman

___________________________
Bill Butticci, Commissioner ATTEST:
___________________________ _________________________

Bryan Elliott, Commissioner Shelly Tilton, City Clerk      

9 comments:

  1. This would destroy what we gain as a community from these events

    ReplyDelete
  2. Sorry but it should be perfectly clear that there is a group of not so welcomed newcomers to our community who feel it's their way or the highway. The rest of us don't matter. The only thing they want is to win. Regardless of what anyone else feels. So sad.

    ReplyDelete
  3. I think this is a little over the top. A good noise and fire prevention ordinance might be enough.

    ReplyDelete
    Replies
    1. Most definitely over the top. I agree that fire and noise should be our main concern. Let's not go overboard.

      Delete
  4. We were given the highlights at the meeting. I see that a lot was left out. Maybe we were just told what they wanted us to hear. Copies of this ordinance were not given out to those of us that were there.

    ReplyDelete
  5. This is a bunch of bureaucratic crap. We can not do anything without having an ordinance to allow it. Soon we will not even be able to have a family gathering without needing a license, security, sanitation, emt's, and fire suppression. Yes this is way over the top. All necessary precautions were taken to make this event successful. If residents of this or any other community are offended by a function on private ground, I feel sorry for you that you can not enjoy life unless it is solitary. Ellen Kharrl

    ReplyDelete
    Replies
    1. Ellen you are one of a very few people who are thinking straight. I agree with you totally and wish more folks would get with the program. Thank you for voicing you opinion.
      Marsha Coburn

      Delete
  6. I think all are OK with the idea of common sense health and safety regulations in the event of the need for a large scale evacuation. I read back through Gem Commissioner meeting minutes and that was the emphasis of the discussion. How did we get from common sense regulations regarding fire safety to regulating bath water (seriously?) and telephones? Typical government overreach.
    Dora Miller

    ReplyDelete
  7. these types of regulations are just the beginning of a no ending and abundant sets of rules that we will see in the future. complete control of the peons is the goal.

    ReplyDelete