El Dorado County Municipal Code Ch. 12.39 Live Outdoor Amplified Concerts

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Live outdoor amplified concert means any musical outdoor performance in which sound amplification devices are used by one or more live performers.

Sheriff means the Sheriff of the County.

(Prior Code, § 7571; Code 1997, § 12.39.010; Ord. No. 3189, § 1(part), 1981)

A. No person shall allow his or her lawfully possessed property to be used for the purpose of allowing live outdoor amplified concerts in the outdoor areas of the County unless a permit therefor has been obtained from the Sheriff.

B. To the extent allowed by law, permit fees therefor shall be charges by the Sheriff in the amount established by resolution of the Board of Supervisors upon recommendation by the Sheriff.

C. Exemptions.

1. This chapter shall not apply to any governmental agencies or schools if within the lawful scope of its functions.

2. This chapter shall not apply where it is reasonably anticipated that no more than 150 persons, whether guests, paid invitees or otherwise, are present at the live outdoor amplified concert.

3. Persons possessing a valid permit for an outdoor music festival pursuant to Chapter 5.32 are exempt from the provisions of this chapter.

(Prior Code, § 7572; Code 1997, § 12.39.020; Ord. No. 3189, § 1(part), 1981)

A person seeking issuance of a live outdoor amplified concert permit shall file an application with the Sheriff.

(Prior Code, § 7573(part); Code 1997, § 12.39.030; Ord. No. 3189, § 1(part), 1981)

An application for such a permit shall be filed with the Sheriff no less than 20 days nor more than 60 days before the date on which it is proposed to use such equipment.

(Prior Code, § 7573(1); Code 1997, § 12.39.040; Ord. No. 3189, § 1(part), 1981)

The application for a live outdoor amplified concert permit shall set forth the following information:

A. The name, home address and telephone number of the applicant;

B. The name, home address and telephone number of persons performing in live outdoor amplified concert. If more than five such members, only four performers need be listed along with band or group manager or other responsible person;

C. The name, address and telephone number of the owner of property where concert is to occur;

D. If the concert is to be given by, or in behalf of any organization, the name, address and telephone number of organization;

E. A general description of the location of the property upon which the concert will be held, parking availability, and public accessibility;

F. The date and hours during which the concert shall be held;

G. Accommodations for spectators, including, but not limited to, parking and sanitation facilities;

H. Any additional information which the Sheriff may find reasonably necessary to determine if a permit should properly issue.

(Prior Code, § 7573(2); Code 1997, § 12.39.050; Ord. No. 3189, § 1(part), 1981)

The Sheriff, where good cause is shown therefor, shall have the authority to consider any application under this chapter which is filed less than 20 days before the date such live outdoor amplified concert is proposed to be held.

(Prior Code, § 7573(3); Code 1997, § 12.39.060; Ord. No. 3189, § 1(part), 1981)

Immediately upon receipt of an application as set forth in this chapter, the Sheriff shall investigate or cause to be investigated the area in which or adjacent to which the proposed concert is to be held. Upon completion of such investigation, the Sheriff shall issue a permit as requested by the applicant or shall vary the terms of the request for such a permit only as to the time, place and manner of holding of the concert. In considering any variation of the holding of the concert other than requested by the applicant, the Sheriff shall be limited to an application of the rule of reason relating to the hours of possible concert, the decibel level of the amplifying equipment involved, and the peace and good order of the affected neighborhood.

(Prior Code, § 7574; Code 1997, § 12.39.070; Ord. No. 3189, § 1(part), 1981)

The applicant or any aggrieved person, including, but not limited to, any County officer, department, board or commission affected by the permit, shall have the right to appeal the form of the live outdoor amplified concert permit to the Board of Supervisors. The appeal shall be taken within three days after issuance by the Sheriff and shall be presented to the Board for determination. The Board may hear additional evidence and may sustain or modify the decision of the Sheriff consistent with the standards set forth in Section 12.39.100 and the matter contained in the application. The decision of the Board shall be final.

(Prior Code, § 7575; Code 1997, § 12.39.080; Ord. No. 3189, § 1(part), 1981)

Immediately upon the issuance of a live outdoor amplified concert permit, the Sheriff shall send a copy thereof to the following:

A. The Chair of the Board of Supervisors;

B. The District Attorney;

C. The Fire Chiefs of the affected areas;

D. The Director of the Department of Public Works;

E. The Director of Civil Defense;

F. Any other County official or department head who has replied to the Sheriff as set forth in Section 12.39.080.

(Prior Code, § 7576; Code 1997, § 12.39.090; Ord. No. 3189, § 1(part), 1981)

Each permit shall state the following:

A. Date, performance, beginning and ending time;

B. Names of groups or persons performing;

C. Location where concert is to be held;

D. Such other information or conditions as the Sheriff finds necessary to the enforcement of the terms and conditions of the permit.

(Prior Code, § 7577; Code 1997, § 12.39.100; Ord. No. 3189, § 1(part), 1981)

A. A permittee under this chapter shall comply with all permit directions and conditions and with all applicable laws and ordinances.

B. Possession of permit. The concert promoter or organizer or other person directly in charge of the permitted activity shall carry the permit upon their person during the conduct of the concert or performance.

(Prior Code, § 7578; Code 1997, § 12.39.110; Ord. No. 3189, § 1(part), 1981)

A. No person shall unreasonably hamper, obstruct, or impede or interfere with the Sheriff or other law enforcement personnel in the performance of their duties relative to this chapter or other law enforcement duties.

B. If, in the opinion of the Sheriff or other law enforcement officer, the live outdoor amplified concert has become raucous or disruptive so as to endanger the health and safety of the concert participants or spectators, the officer may immediately revoke the permit issued under this chapter and thereafter take whatever steps necessary to bring about an orderly termination of the concert.

C. The Sheriff shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a street, highway, road, thoroughfare or alley.

(Prior Code, § 7579; Code 1997, § 12.39.120; Ord. No. 3189, § 1(part), 1981)

The Sheriff shall have the authority to revoke the permit issued under this chapter when any of the operations or conduct of the live outdoor amplified concert violate any of the conditions listed in the contents of the permit.

(Prior Code, § 7580; Code 1997, § 12.39.130; Ord. No. 3189, § 1(part), 1981)