Chapter 5.16 — OUTDOOR EVENTS

Editor's note— Ord. No. 341F, § 1, adopted October 2, 2012, amended Chapter 5.16 in its entirety to read as herein set out. Former Chapter 5.16, §§ 5.16.010—5.16.090, pertained to similar material, and derived from Ord. No. 341; Ord. No. 378; Ord. No. 341-A; Ord. No. 341-B; Ord. No. 341-C; Ord. No. 341-D, 1989; Ord. No. 341E, 2002 and Ord. No. 652, adopted December 20, 2011.

"Outdoor event" means any parade, procession, caravan, music festival, dance festival, rock concert, craft fair or show, antique show, flea market, swap meet, carnival, theme fair, cultural celebration, sporting event, athletic contest or exhibition, or other outdoor event, activity, or entertainment, including fireworks displays, which is held at any place other than a permanent building or permanent installation which has been

constructed for the purpose of conducting such activities or similar activities, excluding funeral processions.

(Ord. No. 341F, § 1 (Exh. A), 10-2-12).

A.

The Madera County planning department shall administer the provisions of this chapter.

B.

The planning department may approve, deny, register or not register outdoor event permit applications based upon the submitted application materials and consistency with other rules and regulations applicable to the event.

(Ord. No. 341F, § 1 (Exh. A), 10-2-12).

A.

No person shall operate, maintain, conduct, advertise, or sell or furnish tickets for an outdoor event in the county at any time unless he/she first obtains an outdoor event permit from the planning department to operate or conduct the event; or, the premises has an entitlement permit issued in accordance with this Title 18 that specifically allows the outdoor event to occur.

B.

An outdoor event permit shall only be required if the outdoor event is likely to attract three hundred or more persons at one given time. The planning director has the discretion to determine if an outdoor event requires a permit and may use discretion in determining the total number of visitors at a given event.

C.

An outdoor permit is valid only for the date of dates stated on the permit. Permits may be renewed according to the procedures set forth in this chapter.

D.

If it is determined by the planning director that an event will not have more than three hundred persons at a given time, the applicant shall only register the event with the planning department no less fifteen days prior to the event. If an event requires action by the board of supervisors, it must be submitted sixty days prior to the event. A previously approved and registered event is not subject to application fees, encroachment permit fees, or other fees directly related to the registered event but must submit the required application materials as stated in Section 5.16.030 registered event but must submit the required application materials as stated in Section 5.16.030.

E.

The planning department may renew an outdoor event permit for an event that is held on an annual basis without following the procedures of this chapter, provided the permit holder remains the same, the prior event was not subject to any troublesome incident, the permit holder presents proof of insurance for the event to the planning department, the permit holder has such other permits as may be applicable to the event, and the permit holder has given the planning department advance written notice as required by Section 5.16.020(C) to renew the permit. The planning department shall advise the permit holder of any new and/or additional requirements imposed by law known to the planning director that were not a part of the prior permit and shall require proof of compliance before issuing any permit renewal.

F.

The planning department may issue an outdoor event permit for a property that will hold a maximum of four similar events during a twelve-month period. This outdoor event permit will allow the use of the premises for various outdoor events without having to obtain a permit for each individual event, subject to the terms and conditions of the permit as determined necessary by the planning director.

(Ord. No. 341F, § 1 (Exh. A), 10-2-12).

A.

No owner of real property or person in control thereof shall cause, permit or allow such real property to be used for the holding or conducting of an outdoor event unless the planning department has issued a permit for such use as provided in Sections 5.16.010 and 5.16.020.

B.

If county owned property is to be utilized, the applicant shall first obtain approval from the risk management department for use of the subject property prior to the submittal of an outdoor event permit application.

(Ord. No. 341F, § 1 (Exh. A), 10-2-12).

A.

Application for a permit to conduct an outdoor event or an outdoor premise permit shall be made in writing to the planning department on a form provided by the planning department and be accompanied by a non- refundable fee as approved by the board of supervisors. The planning director may use discretion as to the whether an event will attract the stated number of visitors to the event.

B.

The planning director shall approve to form an application that must be submitted with an outdoor event permit application.

C.

Pursuant to Section 5.04.050, outdoor events may be subject to apply for a business license prior to conducting business within Madera County.

D.

An application for a permit under this chapter shall be filed with the planning department not less than fifteen days prior to the date or dates upon which a single event is to be conducted, sixty days if the event is a parade, procession, caravan or any event which is likely to cause the closure of any road or is likely to sell/offer food, and not less than sixty days prior to the first event for a multiple event.

E.

The application shall include proof of liability insurance and a release and waiver of liability from any and all claims, including but not limited to: negligence, resulting in personal injury, accidents, or illnesses, including death, and property loss arising from, but not limited to, participation in the outdoor event and associated activities

F.

Any event which includes use of county roads or streets, must obtain approval in writing from the Madera County road commissioner for a temporary road closure.

G.

Government agencies shall be exempted from all fees required in obtaining an outdoor event permit.

(Ord. No. 341F, § 1 (Exh. A), 10-2-12).

Before the planning department approves an outdoor event application, the applicant must file with the planning department a general liability insurance certificate in an amount satisfactory to the county risk manager which shall name the county of Madera as an additionally insured party to the event.

(Ord. No. 341F, § 1 (Exh. A), 10-2-12).

Upon receipt of the investigation reports from the various departments, the planning department shall approve, conditionally approve, or recommend denial of the application within twenty days prior to the event unless the proposed outdoor event requires additional review by other county departments due to health and safety concerns, including fire or traffic safety, in which event the planning director may extend the date for decision. The planning department shall notify the applicant of any required extension.

(Ord. No. 341F, § 1 (Exh. A), 10-2-12).

The planning department and the county administrative officer at the appeal hearing, may, in connection with granting the permit, impose conditions to be performed at the applicant's expense, when the evidence

shows that such conditions are necessary for the protection of the health, safety and general welfare of the people of the county, including the people attending the outdoor event.

(Ord. No. 341F, § 1 (Exh. A), 10-2-12).

Upon determining that the requirements of Chapter 5.16 and any requirements/conditions imposed have been met, the planning department shall issue a permit to the applicant for the specific location authorized for the event and for the specific days for which the event is authorized to be operated.

(Ord. No. 341F, § 1 (Exh. A), 10-2-12).

A.

If within seven days following the decision, the applicant or any other person objecting in writing to the decision of the planning department by filing an appeal with the planning department together with an appeal fee as approved by the board of supervisors. The planning department shall forward the appeal of the outdoor event permit to the county administrative officer, or an assigned designee, at the earliest date available, for an appeal hearing to be set within fifteen days of the date of the appeal. The planning department shall give notice of the hearing to any person requesting notice and may give notice of the hearing to nearby property owners should the planning department determine that such property may be impacted by the event. Based upon the testimony of the witnesses and evidence presented at the hearing, including the reports of the department heads and public agencies, the county administrative officer, or an assigned designee, shall grant the permit, deny the permit, or set conditions which must be met, or security given that the applicant must provide before a permit may be granted.

B.

If within seven days following the decision regarding the appeal, the applicant or any other person objecting in writing to the decision of the county administrative officer, or an assigned designee, by filing an appeal with the planning department together with an appeal fee as approved by the board of supervisors. The county administrative officer, or an assigned designee, shall forward the appeal of the outdoor event permit for a public hearing before the board of supervisors at the earliest date available. The county administrative office shall give notice of the hearing to any person requesting notice and may give notice of the hearing to nearby property owners should the county administrative office determine that such property may be impacted by the event.

(Ord. No. 341F, § 1 (Exh. A), 10-2-12).

The board of supervisors shall have the right to revoke any permit, or to revoke and reinstate any permit upon suitable conditions, if any of the following causes exist:

A.

The applicant fails, neglects, or refuses to fulfill any of the requirements and/or conditions imposed upon the granting of a permit;

B.

The applicant allows the outdoor event to be conducted in a disorderly manner or allows any persons to remain on the premises while under the influence of alcohol or any controlled substance.

(Ord. No. 341F, § 1 (Exh. A), 10-2-12).

Nothing in this chapter shall be deemed to waive any other local, state or federal requirements which may apply to the outdoor event.

(Ord. No. 341F, § 1 (Exh. A), 10-2-12).

The penalty for violation of this chapter shall be as prescribed in Chapter 1.12 of this code.

(Ord. No. 341F, § 1 (Exh. A), 10-2-12).