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AN ORDINANCE AMENDING AND SUPERSEDING CHAPTER 8.40 OF TITLE 8 OF THE CACHE COUNTY ORDINANCE REGARDING SPECIAL EVENTS
Whereas, the County Council caused notice of the hearing and the amendments to Title 8.40 of the Cache County Ordinance to be advertised at least ten (10) days before the date of the public hearing in The Herald Journal, a newspaper of general circulation in Cache County, and;
Whereas, on November 26, 2019, at 5:30 p.m., the County Council held a public hearing to consider any comments regarding the proposed amendments to Title 8.40 of the Cache County Ordinance. The County Council accepted all comments, and;
Whereas, the Cache County Council has determined that it is both necessary and appropriate for the County to amend and implement this ordinance.
Now, Therefore, Be It Ordained by the County Legislative Body of Cache County that Chapter 8.40 of the Cache County Ordinance is hereby amended and superseded as follows:
The statutory authority for enacting this ordinance is Utah Code Annotated Section 17-27a Part 1 and Part 3, and Section 17-53 Part 2 (1953, as amended to date).
Title 8, Chapter 8.40 of the Cache County Ordinance is amended as follows: See Exhibit A.
Prior Ordinances, Resolutions, Policies And Actions Superseded.
This ordinance amends and supersedes Chapter 8.40 of the Cache County Ordinance, and all prior ordinances, resolutions, policies, and actions of the Cache County Council to the extent that the provisions of such prior ordinances, resolutions, policies, or actions are in conflict with this ordinance. In all other respects, such prior ordinances, resolutions, policies, and actions shall remain in full force and effect.
This ordinance takes effect on December 10, 2019. Following its passage but prior to the effective date, a copy of the ordinance shall be deposited with the County Clerk and a short summary of the ordinance shall be published in a newspaper of general circulation within the County as required by law.
Approved and Adopted this 26 th day of November, 2019.
Cache County Council: Attest:
Karl Ward, Chair Jill Zollinger
Cache County Council Cache County Clerk
Publication Date: _______________, 2019
Chapter 8.40 – Special Events
Time, Place, and Manner: ThisChapter governs the time, place, and manner of holding certain special events on:
County property, and
Private property in the unincorporated area of Cache County when an event’s impact upon health, fire, police, transportation, and other services exceeds those regularly provided in the unincorporated area of the County.
Promote and Protect Health, Safety, and Welfare: These regulations have been enacted in order to promote and protect the health, safety and welfare of all the persons in the County, including residents and visitors.
This is accomplished by ensuring that special events do not:
menace or threaten life, health, and property;
disrupt traffic; or
threaten or damage private or public property.
It is not the intent of this ordinance to regulate in any manner the content of speech or infringe upon the right to assemble, except for the time, place, and manner of speech and assembly, and this Chapter should not be interpreted nor construed otherwise.
For the purpose of this chapter, the following words shall have the following meanings:
“Applicant” means the person, or group of people, who is or are the organizer(s) and with whom the responsibility for conducting the event lays. The applicant signs the special event application and all other documents relevant to the event.
“Assembly” means a company of persons gathered together at any location at any single time for any purpose.
“Athletic event” means an organized competitive or recreational event in which a group of people collectively engage in a sport or form of physical exercise, including but not limited to running, jogging, walking, bicycling or skating, on any county street in unincorporated Cache County or upon public or private property in the unincorporated area of Cache County.
“Entertainment event” means an organized event having as its primary purpose the entertainment or amusement of a group of people, including but not limited to parades, carnivals, fairs, concerts, block parties or neighborhood gatherings, on public or private property within the unincorporated Cache County.
“Expressive activity” means the definition as contained in Utah State Code 11-61-102(1) that occurs on any county road in unincorporated Cache County or upon property owned by Cache County, or private property in the unincorporated area of Cache County and includes:
Peacefully assembling, protesting, or speaking;
Carrying a sign; or
Signature gathering or circulating a petition.
“Person” means any individual, natural person, partnership, corporation, firm, company, association, society, or group.
“Special event” means:
Any assembly, athletic event or, entertainment event,
whether held for profit, non-profit, or charitable purposes,
where the anticipated assembly of persons, including spectators and participants, is one hundred (100) or more,
that impacts the county by involving the use of, or having impact on, county owned, leased, or controlled property, or requiring county licensing or services beyond the scope of normal business or outside the permitted use of the property.
A special event includes activities and events that meet the definition of Agritourism as defined in Title 17 of the County Code and occur 21 days or less per calendar year.
“Spontaneous event” means an event that is occasioned by news or affairs coming into public knowledge less than forty-eight (48) hours prior to the event and is conducted at a public forum.
“Using a Public Road” means using any portion of a public road or the public right of way for an athletic event, entertainment event, political event, or special event. Any other group activity that impedes, blocks, or otherwise interferes with the normal flow of traffic is also considered to be using a public road for purposes of this chapter.
8.40.030 Permit Required; Exceptions
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).
All permits issued as required by this chapter are nontransferable and expire at the completion of the given event, or upon revocation, whichever is earlier.
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.
Exceptions: The following activities are exempt from obtaining a special event permit:
Events where the anticipated assembly of persons, including spectators and participants, is less than one hundred (100).
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.
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.
Events included as allowed activities under a valid Conditional Use Permit (CUP) as approved by the Land Use Authority.
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.
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.
Funeral processions by a licensed mortuary.
A spontaneous event held at a public forum. This chapter does not apply to an event held at a nonpublic 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.
Other Approval Required: For any event that qualifies as expressive activity as defined in Utah State Code 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 State Code 11-61, “Expressive Activity Regulation by Local Government Act” (“Act”), specifically Subsection 11-61-104 including the constitutional safeguards described in Subsection (1) of that Act.
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.
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.
8.40.040 Application Procedure, Deadlines, Submittal Requirements, Fees
Application Submittal: Each applicant for a special event permit must submit a special event application and fees to the Cache County Development Services Department for review. The application form must reflect the requirementsof the County Code. Fees must be approved by the County Council.
Special event applications can be submitted no earlier than six (6) months prior to the date of the event.
Applications must be submitted at least forty-five (45) calendar days in advance of the special event.
Applications submitted fewer than forty-five (45) calendar days in advance of the special event will not be accepted, unless the following criteria are all met:
The special event applicant is a first-time applicant,
The director or designee determines there is still adequate time to review the application, and,
Double application fees are paid to defray the increased costs of expediting the application.
Submittal Requirements: All applications for special event permits shall be made on a special event permit application form and shall include the following information:
Type and description of event;
Name of person or entity organizing the event, contact person, address and telephone number;
Proposed date(s) of the event, together with beginning and ending times for each date;
Proposed location, including a plat or map of the area to be used, including any barricade, street route plans, or perimeter/security fencing;
Written approval of the property owner, if the applicant is not the owner of the property on which the special event is to take place.
Estimated numbers of event staff, participants and spectators;
Public health plans, including plans for culinary water supplies, solid waste collections and disposal and waste water (toilet facilities);
Fire prevention and emergency medical services plans;
Security plans and/or law enforcement response;
Admission fee, donation, or other consideration to be charged or requested;
Plans for parking;
Proof that the applicant has obtained any applicable county, state, or other governmental agency approvals, permits, or licenses; and
Signature of applicant.
Application Fee: Each special event permit application must be accompanied by the nonrefundable application fee according to the Development Services Office fee schedule. All application fees are due upon application. Applications will be considered incomplete until the application fee is paid in full.
Fee Exemption: The following special events are exempt from the nonrefundable application fee but may be subject to the fees of other agencies or departments:
Event sponsored by a religious organization on private property;
Event sponsored in whole or part by the County or a municipality;
Block party or family reunion;
Revenue-raising event where the revenue directly benefits the Cache County government; and
Events where the County or a municipality is the primary sponsor.
County Services Fees: Upon review of a completed special event permit application by the departments listed in section 8.40.050(B), the individual departments will provide the applicant with an estimate of their fees based on the estimated costs for county services arising from the event. The applicant must pay those additional fees directly to the individual departments providing services for the event, and the fees must be paid prior to the issuance of the special event permit.
No Vested Right: The payment of fees and/or acceptance of fees by the county does not constitute approval, vesting, or signify that the application is complete or appropriate in any manner. The collection of the nonrefundable application fee is required to begin the review process.
8.40.050 Application Review Process
Initial Review: The Director, or designee, will review all special event permit applications for completeness. If an application is incomplete, it must be returned to the applicant within seven (7) calendar days with an explanation describing why the application is incomplete.
Routing to Other Department/Agencies: After determining that the application is complete, the Development Services Office circulates copies of the application to the following agencies for their review, approval, or disapproval of the proposed special event. The applicant may contact any of the following agencies to coordinate details of the items listed in Section 8.40.040(C) of this Chapter:
Cache County Sheriff’s Office;
Cache County Treasurer’s Office;
Cache County Attorney’s Office;
Bear River Health Department;
Cache County Fire District;
Cache County Planning and Zoning Office, if signs advertising the event are to be placed in the unincorporated area of the County. The applicant shall submit plans drawn to scale, for any signage, noting the location of each sign for which application is made. Signs for temporary special events shall not be subject to the approval process of other County ordinances governing sign display or placement;
Cache County Building Department, if any temporary facilities are to be constructed or special electrical supplies are considered or warranted;
Cache County Road Department, if the special event may create traffic impacts by its location, number of attendees, or participants;
Municipalities that may be impacted by the event;
Cache Emergency Medical Services;
Any other County agency which is to provide a service in connection with the special event.
Review Standards: In reviewing an application, the agencies or departments involved may consider the following:
The impact of the special event on the traffic, security, health, and safety of the public, public facilities, surrounding property owners, and the plans of the applicant to address those impacts;
The demonstrated ability of the applicant to comply with requirements necessary to protect the safety, health, and welfare of the public, and the past history of the applicant in complying with such requirements;
The location and duration of the special event and the county's ability to accommodate the event with the necessary resources and the cost of those resources, and;
Other previously approved special events that could cause scheduling conflicts during the same period and cause over extension of the county's resources.
Additional Requirements: The agencies involved in reviewing an application may impose additional requirements or conditions necessary to protect the public interest by ensuring traffic management, security of property, or the health and safety of the public.
Notification to Municipalities:
Upon receiving an application for a special event, the Development Services Office notifies municipalities that may be impacted of the application submittal.
A municipality notified of an application submittal has two (2) weeks from the date the notification was sent by the county to respond.
Minimum Coverage: No special event permit will be issued unless the applicant has submitted a certificate of insurance with the application, listing Cache County as an additional insured party, on an occurrence policy issued by an insurance company authorized to do business in the State of Utah with an AM Best Financial Rating of at least A:VII or equivalent, showing comprehensive general liability and property damage coverage for the event with minimum limits of:
One Million Dollars ($1,000,000) for injury or death for one person in any one occurrence;
Two million dollars ($2,000,000)for injury or death for two or more persons in any one occurrence, and;
One hundred thousand dollars ($100,000) for property damage in any one occurrence.
Insurance Exemptions: The following special events shall be exempt from the insurance requirements set forth in this section:
Event sponsored by a religious organization on private property;
Event sponsored in whole or in part by the county or a municipality; and
Block partyor family reunion.
By issuing a special event permit, Cache County makes no guarantees and assumes no liability for the safety of participants or spectators of special events. In consideration for the issuing of a special event permit, the applicant shall agree to indemnify, save harmless and defend the county, its officers and employees, against any claim for loss, damage or expense sustained by any person on account of injury, death or property damage occurring by reason of or arising out of the special event.
8.40.060 Special Event Permit Issuance or Denial
Director, or designee, Action: The Development Services Office will review the application and responses from the other departments and agencies and has the authority to:
Approve with conditions;
Issue a letter to the applicant outlining the outstanding requirements or modifications; or
Deny, specifying the grounds for denial of an application.
Effect of Approval: Approval of a Special Event Permit authorizes an applicant to engage in the event as approved and subject to any conditions of approval as imposed by the Director, or designee.
Right to Deny: Cache County reserves the right to deny permit applications for proposed special events which pose a significant danger or threat to the public health, safety or welfare, or which may result in unreasonable inconvenience or cost to the public.
Non-compliance: If an applicant does not comply with the requirements placed upon them through the permitting process, the County reserves the right to deny or revoke any application or permit granted. The County additionally reserves the right to deny any future applications for non-compliance with the terms and conditions of granting a prior special event permit.
Appeal: A denial of the application for a special event permit may be appealed to the Cache County Executive. An appeal must be submitted to the Cache County Executive within seven (7) calendar days after the applicant received notice of the administrative denial. All appeals must be in writing and must state the specific grounds for the appeal.
Amendment: The procedure for amending a Special Event Permit is the same as the original procedure set forth in this Chapter.
8.40.070 Supplemental Regulations
Clean Up Fee:
Assessing Fee: To ensure that the properties utilized in the county are restored to their original condition after the event, a fee may be assessed to the event organizer. If, upon inspection of the properties after the event, it is the County’s determination that additional cleanup is required, the County will assess a fee for the actual cost of cleanup incurred by the County.
Any signs used as part of a permitted expressive activity or a spontaneous event must be carried by hand or supported by lathe-type sticks only and may not exceed 24-inches by 36-inches in size.
Prohibited sign materials include metal, wood, and other similar rigid substances that have the potential to inflict bodily injury or property damage.
Signs and placards are prohibited from public meetings and public hearings before a recognized County agency, board, commission, and/or council. Any information a member of the public wishes to be reviewed in a public meeting or public hearing must be presented on 8.5-inch by 11-inch size paper or similar material for distribution to the members of the recognized County agency, board, commission, and/or council.
Concealment of Identity: Participants in expressive activities, at public meetings, or in special events may not deliberately attempt to conceal their identity by the use of masks or other facial coverings. Participants’ faces must be visible at all times. Exceptions may be made on a case by case basis for religious head coverings (i.e. for a burqa or niqab).
Public Participation at Public Meetings and Public Hearings:
Any member of the public who desires to speak at a public meeting and/or public hearing may do so when the County agency, board, commission, or council formally opens a public hearing or invites the public to comment on an agenda item.
Public comments must be delivered at the designated podium and the length of comments may be limited by the chairperson.
Members of the public who comment from the audience, interrupt others speaking at the podium, or otherwise cause a disturbance during a public meeting and/or public hearing may be removed at the discretion of the chairperson.
Penalty: A violation of this ordinance is a Class B misdemeanor. The Cache County Sheriff’s Office, in its discretion, may stop an event which has been issued a permit and/or may issue citations where event staff or participants violate other state statutes or county ordinances, or terms or conditions specified in the application including, but not limited to, traffic rules and regulations, disturbing the peace, public nuisance, failure to disperse, trespass, or other health and safety regulations.