ORDINANCE NO. 9
AN ORDINANCE REGULATING AND LICENSING THE ADVERTISING, PERMITTING OR CONDUCTING OF CERTAIN ENTERTAINMENT OR AMUSEMENT ACTIVITIES, PROVIDING CRITERIA FOR APPLICATION FOR PERMIT, SETTING APPLICATION FEE, REQUIRING SUBMISSION OF PLANS AND APPROVAL BY CERTAIN STATE AND COUNTY AGENCIES AND OFFICIALS, SPECIFYING HEALTH, SANITATION, FIRE, DISTANCE, AND PARKING CRITERIA AS CONDITIONS PREREQUISITE TO ISSUANCE OF PERMIT, SETTING FORTH HOURS OF OPERATION, REQUIRING CASH INDEMNIFICATION BOND AND LIABILITY INSURANCE, PRESCRIBING PENALTIES, OFFENSES AND REMEDIES FOR FAILURE TO COMPLY; SPECIFYING SEVERABILITY OF SECTIONS OF ORDINANCE; AND ESTABLISHING EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF IDAHO COUNTY, IDAHO:
Section 1. Intent of Ordinance: That it is necessary for the protection of the health, safety and welfare of the general public to license and regulate the advertising, permitting or conducting of certain educational, religious, entertainment or amusement activities which will, or can be reasonably expected to disturb the ordinary peace and quiet of the inhabitants of residences, dwelling houses or other ordinary places of human habitation.
Section 2 Permit Required: It shall be unlawful for any person, persons, corporation, landowner or lessor to allow, conduct, permit, advertise, or cause to be conducted, permitted or advertised, any entertainment, religious, educational , or amusement activity or activities outside the municipal boundaries of the incorporated cities within Idaho County, Idaho, and which said activity or activities will, or can reasonably be expected to attract an outdoor gathering or assembly of 1,000 or more persons at any one time (whether or not a charge or contribution is required for admission), unless a valid County permit has first been obtained, authorizing and permitting the conduct of such activity or activities; PROVIDED, HOWEVER, that no such permit shall be required for any such activity or activities authorized under any of real property owned by Idaho County, the State any political subdivision thereof.
Section 3. Application for Permit: Written application for any permit to conduct the activities regulated by this ordinance shall be made to the Board of County Commissioners not less than sixty (60) days prior to the date upon which such activities are to commence. Said application shall include: (1) the name of the person, persons, partnership, corporation, or organization on whose behalf such application is made; (2) the names and addresses of all persons having any proprietary interest in any such partnership, corporation or organization; (3) the principal place of business of any such partnership, corporation, or organization; (4) the legal description of the land to be occupied or utilized by such activities, together with the address of the owner or lessee thereof and a verified consent by said owner (if other than applicant) permitting the activity or activities upon said real property upon the dates for which application is made; (5) description of the type and nature of the educational, religious, entertainment or amusement activity or activities for which a permit is sought; 6) the date or dates upon which such activity or activities are proposed to be conducted; and (7) the maximum number of people expected to attend, view, and participate in such activity or activities on each date applied for. Written notice of approval or disapproval of said application shall be given to the applicant no later than twenty (20) days after the application has been filed. Any notice of denial shall state the regulations, laws, and/or conditions upon which denial is based and the nature of the non-compliance by the applicant. Within ten (10) days after mailing of such notice, the applicant may show that such noncompliance has been remedied; upon failure of the applicant to do so, the denial shall be final and conclusive.
Section 4. Application Fee: The basic permit fee which shall accompany any application hereunder shall be One Hundred ($100.00) Dollars, which said fee shall be retained by the County whether or not a permit be granted, denied or withdrawn.
Section 5. Submission of Plans for Approval –Approving Agencies: Whenever approval by any governmental agency other than Idaho County is required hereunder, the applicant for such approval shall be required to cooperate fully with such agency to insure that a full review of the proposals may be accomplished by such agency within the twenty (20) day time limit set out in Section 3 hereinabove. When any type of physical facility is required or subject to approval hereunder, a permit may be granted (subject to withdrawal) based upon specific plans being proposed, submitted and approved hereunder. All such facilities constructed under authority of such permit shall be in existence at least five (5) days prior to the commencement of the activity or activities for which the permit is granted and shall be subject to inspection by the approving agency or agencies. Should the actual facility or construction fail to meet the standards approved in the proposed plans, the permit may be withdrawn. Withdrawal shall be effected by mailing of written notice to the address of the applicant specifying the reasons for such withdrawal.
Section 6, Conditions for Issuance of Permit: Permits shall be issued hereunder only when the conditions enumerated hereinafter in Sections 7, 8, 9, 10, 11, 12, 13, and 14 have been fulfilled by the applicant.
Section 7. Condition – Health and Sanitary Facilities: No permit shall be granted hereunder unless the applicants obtain the written approval of the County physician and the County health officer duly and regularly appointed by the Board of County Commissioners, pursuant to Idaho Code Section 39-201, which said approvals shall indicate that the applicants for said permit have complied with all rules, regulations, laws and ordinances of the Idaho State Board of Health, the Idaho County Board of Health, the State of Idaho, and the Idaho County Sanitary Code. Such approval shall indicate the type and adequacy of water supply to be provided, the type and adequacy of toilet, waste collection and washing facilities to be provided, the type and adequacy of health and medical facilities to be provided, and if there is to be food or drink served on the premises, the type and adequacy of food or drink service and facilities to be furnished.
Section 8. Condition – Fire Protection: No permit shall be granted hereunder unless the Board has received the written approval of the Fire Protection District in which the proposed activity or activities are to be held. Such approval shall indicate that the applicant has complied with all applicable fire prevention regulations, laws and requirements and shall state the manner in which the applicant has complied therewith.
Section 9. Condition – Distance from Habitation: No permit shall be granted for any activity or activities regulated hereunder which are proposed to be held within one thousand (1,000) yards of any schoolhouse or church; or within five hundred (500) yards of any occupied house, residence or other place of human habitation; PROVIDED, HOWEVER, that such restriction with respect to occupied houses, residences and other places of human habitation may be waived upon proof by the applicant that the occupants of such places have given their written consent to the conduct of such activity or activities.
Section 10. Condition – Parking Facilities: No permit shall be granted for any activity or activities regulated hereunder unless the applicant shows to the Board of County Commissioners, by means of a scale drawing, that adequate parking facilities have been made available within or adjacent to the location for which the permit is requested. Such parking facilities shall provide parking space for one (1) vehicle for each four (4) persons expected or reasonably expected to attend, view or participate in the proposed activity or activities. Such parking facilities shall be provided off public roads or highways and adequate ingress and egress shall be provided to and from such parking areas.
Section 11. Condition – Hours of Operation: No permit issued hereunder shall authorize any activity or activities regulated hereby between the hours of 12:01 o’clock A.M. and 9:00 o’clock A.M. of any day; said permit shall specify on its face the day, or days, and hours within which such activity or activities may be held.
Section 12. Condition – Public Safety: No permit shall be granted hereunder unless the applicant has obtained the written approval of the Sheriff of Idaho County, indicating that the following conditions have been complied with: (1) that adequate traffic control and crowd protection policing have been contracted for or otherwise provided by the applicant; (2) that traffic and crowd control personnel shall be named persons deputized by the Sheriff of Idaho County, or meeting the criteria for becoming so deputized; (3) that the applicant will provide at lease one (1) traffic control officer for each 500 persons expected or reasonably expected to be in attendance at any one time during the event; (4) that the applicant will provide at least one (1) crowd control officer for each 250 persons expected or reasonably expected to be in attendance at any time during the event; PROVIDED, HOWEVER, that if at any time during the said event the size of the crowd exceeds by 20% the number of persons represented by the applicant as expected to be in attendance, the Sheriff shall have the discretion to require the limitation of further admissions.
Section 13. Condition – Cash Bond and Indemnification: No permit shall be issued hereunder unless the applicant has on deposit with the County Treasurer a cash or surety bond as set out herein below indemnifying the County of Idaho or any political subdivision within said County for costs incurred by reason of the expenses of extraordinary law enforcement, damage to public property, or the costs of providing any extraordinary sanitation or health services p provided or caused by the holding of the activity or activities for which permit is applied for. The amount of such bond shall be $5,000.00 for gatherings where the total attendance is expected to be less than 5,000 persons and such amount shall be increased in increments of $2,500.00 for each additional 2,500 persons expected. The bond or its balance shall be exonerated or returned when the County Commissioners certify to the County Treasurer that either (1) no damage has been done, or (2) the total of such costs or damage in the event that such sums total less than the bond amount.
Section 14. Condition – Liability Insurance: No permit shall be issued hereunder unless the applicant has furnished evidence of liability insurance coverage providing a minimum of $100,000.00 bodily injury coverage per person, $300,000.00 bodily injury coverage per occurrence, and $100,000.00 property damage coverage, which policy shall name Idaho County, Idaho, as on additional insured.
Section 15. Penalties: Any person who shall violate or fail to comply with any of the provisions of this Ordinance, or who, having obtained a permit hereunder, shall willfully fail to continue to comply with the conditions herein set forth, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed $300.00, or by imprisonment in the County jail for a period not exceeding six (6) months, or by both such fine and imprisonment.
Section 16. Failure to Comply Shall Constitute a Public Nuisance: Non-compliance with the minimum health, sanitation and safety provisions required herein, or failure to comply with the terms and conditions hereunder shall constitute a public nuisance, and the person or persons responsible therefore shall be subject to all criminal and civil remedies for such.
Section 17. Severability: That if any provision or Section of this Ordinance or the application thereof to any person or circumstance is held by any Court to be invalid or unconstitutional, such decision shall not affect the validity of the remaining provisions or Sections.
Section 18. Effective Date: This Ordinance shall take effect and be in full force upon its passage, approval and publication in one (1) issue of the Idaho County Free Press, a newspaper of general circulation within Idaho County, Idaho, and published and printed at Grangeville, Idaho,
PASSED upon a roll call vote and duly enacted an Ordinance of Idaho County, State of Idaho, at a regular meeting of the Board of County Commissioners held on Tuesday, 13th day, of May 1975.
Ray Terhaar – Chairman
Robert D. Williams – Member
Firmin Gotzinger – Member
Publication Date: May 21, 1975 State of IDAHO, County of Idaho.