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A. Permit Required: Any person conducting a special event with or without charge for admission, on public or private property, must first apply for and be granted a special event permit for the specific event and its venue(s).
1. All permits issued as required by this chapter are non-transferable and expire at the completion of the given event, or upon revocation, whichever is earlier.
2. Special event permits do not apply and cannot be issued for activities or uses that require a conditional use permit under the Land Use Ordinance, title 17.
3. Exceptions: The following activities are exempt from obtaining a special event permit:
a. Events where the anticipated assembly of persons, including spectators and participants, is less than one hundred (100).
b. Events not using a public road that are organized by a political party or political organization, an established religious organization, a family for the purposes of a family reunion, and school-sponsored activities are not required to obtain a permit under this chapter. However, in the instance where the event utilizes a public road the organizing person must comply with the approval process as provided for in this chapter.
c. Events held in existing and established recreational or religious facilities, sporting arenas, stadiums, or other similar facilities that have been inspected and approved for the use and safety by Cache County or any other political subdivision of the State of Utah.
d. Events included as allowed activities under a valid conditional use permit (CUP) as approved by the land use authority.
(1) Any event not included in a CUP, or an approved event where there is a material change or intensification of the approved activities requires an amendment to the CUP.
(2) For events allowed under an approved CUP, the organizing person bears responsibility for notifying and coordinating with other agencies including, but not limited to, the Sheriff and emergency services, as necessary.
e. Funeral processions by a licensed mortuary.
f. A spontaneous event held at a public forum. This chapter does not apply to an event held at a non-public forum. Organizers of spontaneous events are encouraged to give as much advanced notice as reasonably possible to permit the county to provide services necessary to promote, protect, and ensure the safety and convenience of the people in their use of county property. Nothing in this subsection shall preclude the county from enforcing other laws, ordinances, or regulations adopted to provide for the health, safety, and welfare of the county and its citizens.
B. Other Approval Required: For any event that qualifies as expressive activity as defined in Utah Code Annotated section 11-61-102, the applicant must submit a reservation with the County Executive's Office, or its designee, to conduct the specified expressive activity on identified public grounds or within other designated county property open to the general public. The County Council will adopt policies or practices by which the reservation forms will be reviewed including the adoption of any generally applicable time, place, and manner restrictions placed on the expressive activity in accordance with the Utah Code Annotated chapter 11-61, "Expressive Activity Regulation by Local Government Act" ("Act"), specifically section 11-61-104 including the constitutional safeguards described in subsection (1) of that Act.
C. Filming Activities: Regardless of the number of persons assembled or the impact on streets and roads, all filming activities must be granted a special event permit as per this chapter prior to conducting the filming activities. Any filming activities undertaken by any business or corporation must first be licensed as a business. Corporations that are specifically in filmmaking or promotions and filming on public or private property must provide proof of insurance, shooting schedule or schedule of events, provide written permission from the property owners, and provide access to any set or site for purposes of code enforcement and for law enforcement to ensure public health, safety, and welfare. Exempt from this requirement are filming associated with: a) news coverage, b) for use in criminal investigations or civil proceedings, c) for personal purposes such as home videos, wedding photography, or still family photos, d) student filming, or e) filming for use by a government school district or religious organization.
D. Event Series: Special events that occur in series (i.e., entertainment series which have multiple concerts or performances throughout the year), falling under the criteria established in this chapter, and are not expressly included in an approved conditional use permit (CUP) must have a special event permit, which specifically authorizes each activity in the series, even if the same activity occurs on separate occasions. In addition to the requirements of this chapter, an applicant for a special event series must provide a comprehensive operational plan and schedule of the series a minimum of forty five (45) days before the initial event. (Ord. 2019-07, 11-26-2019)