Mariposa County Municipal Code § 8.28 Health And Safety

As used in this chapter, unless otherwise apparent from the context, words used in the present tense include the future as well as the present; words in the masculine gender include the feminine and neuter; and the singular number includes the plural and the plural the singular.

HISTORY

Adopted by Ord. 348 Sec. 1 on 11/23/1971 Amended by Ord. 551 Sec. 1 (part) on 7/15/1980 8.28.020 Definitions

"Person", as used in this chapter, means any individual, partnership, or corporation, or any person acting on behalf of another person or entity, whether it be as agent, employee, trustee, or other personal representative.

"Person" does not include the United States Government, state of California, or it's political subdivisions, or the agents or employees of the governments.

"Public assemblage" means any gathering of people in one geographical location within the county regardless of whether such gathering occurs on public or private property, except for gatherings entirely composed of persons related to each other by blood or marriage.

HISTORY

Adopted by Ord. 348 Sec. 1(b) on 11/23/1971 Amended by Ord. 551 Sec. 1 (part) on 7/15/1980 8.28.030 Prohibited Activities

No person shall use any land, or erect, construct or use any building, structure or enclosure, for any activity involving the assemblage on any particular day of more than two thousand five hundred people including and not limited to, circuses, carnivals, festivals, concerts and races, except where such assemblage has been

adopted by the county by action of the board of supervisors as an official county activity, or the applicant for such an assemblage has obtained a conditional use permit as approved by the planning commission in accordance with Chapter 17.112 of Title 17, Mariposa County Zoning Ordinance.

HISTORY

Adopted by Ord. 348 Sec. 2 on 11/23/1971 Amended by Ord. 551 Sec. 1 (part) on 7/15/1980 Amended by Ord. 965 Sec. I on 5/15/2001

1. No person shall hereafter within the territory of the county use any land, or erect, construct or use any building, structure or enclosure for any activity involving the assemblage of more than two hundred fifty people unless and until a public assemblage permit is first obtained from the county as set forth in this chapter.

2. No public assembly permit shall be issued and, except as otherwise provided in this chapter, no activity requiring such permit shall be conducted unless the procedures specified in this chapter are completed prior to the date of the activity.

HISTORY

Adopted by Ord. 551 Sec. 1 (part) on 7/15/1980 8.28.032 Exemptions

The following shall be exempt from the requirement to obtain a public assembly permit:

1. Public or private gatherings in existing facilities designed for such gatherings where adequate provisions for health, safety and public welfare have been made and approved by the county, provided such gatherings or assemblages do not exceed the capacity of such facilities as established by the county, and provided that the activities proposed therein do not otherwise violate the laws of the state and the ordinances and laws of the county. Any gathering in excess of two hundred fifty people on public property of the county requires the advance written permission of the county in order to qualify for this exemption;

2. Public assemblages adopted by the county as official county activities;

3. Public assemblages occurring entirely within the boundaries of Yosemite National Park on lands owned and controlled by the federal government;

4. Public assemblages of over two thousand five hundred people on any land, or within structures or enclosures in the county on any particular day for which a conditional use permit is required to be obtained through the process identified in Chapter 8.28.030 of this title. For such assemblages, the conditional use permit process shall replace the public assemblage permit process. .

HISTORY

Adopted by Ord. 551 Sec. 1 (part) on 7/15/1980 Amended by Ord. 965 Sec. I on 5/15/2001

An application shall be made in writing for a public assembly permit to the county department designated herein as the issuing agency for the county at least thirty days prior to the date scheduled for the activity. Said application shall contain the following essential information:

1. The date and time of the activity;

2. The exact location of each activity;

3. The best reasonable estimate of the number of people who will attend the activity;

4. The names, addresses and phone numbers of each and every person responsible or in charge of the activity, specifying the person to be contacted for the purposes of the application;

5. A brief description of the activity including:

   1. The number and type of performances, events, competitions,

   2. The names of any widely known performers or public figures appearing that might affect the number of persons attending,

   3. Whether food, beverages or alcoholic beverages are to be sold, provided, or consumed at the activity;

6. The nature, mode and extent of advertising to be used to publicize the event;

7. Details of each and every arrangement made to provide the public health, safety and welfare requirements set forth in this chapter.

HISTORY

Adopted by Ord. 551 Sec. 1 (part) on 7/15/1980

Each public assembly for which a permit is issued under this chapter shall provide the following to the degree necessary for the number of people in actual attendance at the assemblage as determined by the county department designated as the issuing agency:

1. Fire protection;

2. Sanitation facilities;

3. Police protection, crowd control, noise and public disturbance control;

4. Zoning and land use compliance with county laws;

5. Parking and traffic control;

6. Emergency medical services;

7. Liability and property damage insurance or bond.

HISTORY

Adopted by Ord. 551 Sec. 1 (part) on 7/15/1980

1. When a permit application is filed and all necessary fees are paid, as set by resolution of the board of supervisors, the issuing agency shall have five days to determine that the application is complete and circulate copies thereof to all affected departments of the county for comment and review. If the issuing agency determines that the application is incomplete or defective, notice shall be given immediately to the responsible party designated therein at the address or phone number provided in the application, and the applicant shall be given reasonable time, not to exceed five days, to correct or supplement the application.

2. Within ten days of transmittal of the copy of the application circulated by the issuing agency, the affected departments shall each respond to the issuing agency. Said responses shall include approval or disapproval of the activity, together with any conditions for approval and all reasons for disapproval. All conditions shall be attached or noted on the permit; all reasons for disapproval shall be communicated to the applicant at the time notice of disapproval is given. If no response is made to the issuing agency within ten days after the date copies are sent, those departments not responding shall be deemed to

have approved the permit. The issuing agency shall issue the permit subject to any conditions required by the affected departments, or shall deny the permit if public health, safety and welfare requirements cannot or will not be met based upon the response of any affected department.

HISTORY

Adopted by Ord. 551 Sec. 1 (part) on 7/15/1980 8.28.036 Notice Of Denial Or Approval

Notice of issuance or denial shall be given to the person specified in the application within twenty days after the filing of a complete application and payment of any necessary fees. .

HISTORY

Adopted by Ord. 551 Sec. 1 (part) on 7/15/1980 8.28.037 Appeals

Applicants may appeal the denial of a permit or any condition contained therein to the board of supervisors within ten days after the notice of denial is mailed by the issuing agency. After ten days the decision shall be final.

HISTORY

Adopted by Ord. 551 Sec. 1 (part) on 7/15/1980 8.28.038 Issuing Agency

The issuing agency for all permits for public assemblages, covered by this chapter shall be the county sheriff's department.

HISTORY

Adopted by Ord. 551 Sec. 1 (part) on 7/15/1980 8.28.040 Enforcement Of Chapter--Violation--Penalty

1. It shall be the duty of the planning commission of the county, sheriff of the county, and all other officers and employees of the county charged by law with enforcement of ordinances of the county, to enforce all of the provisions of this chapter. Any person, firm or corporation whether as principal, agent, employee or otherwise violating or considering or permitting or aiding and abetting the violation of any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars or by imprisonment in the county jail for a term not exceeding six months or by both such fine and imprisonment. Such person, firm, or corporation shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed, continued, or permitted by such person, firm or corporation and shall be punishable as herein provided.

2. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this chapter, and any land, building or premises established, conducted, operated, used or maintained contrary to the provisions of this chapter, shall be unlawful and a public nuisance, and the district attorney of the county shall, upon order of the board, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law. The remedies provided for herein shall be cumulative and not exclusive.

3. The provisions of this chapter may also be enforced by injunction issued out of the superior court upon suit of the county or the owner or person in possession of any real property affected by such violation; this method of enforcement shall be cumulative and in no way affect the penal provisions hereof.

HISTORY Adopted by Ord. 348 Sec. 3 on 11/23/1971 Amended by Ord. 551 Sec. 1 (part) on 7/15/1980 8.32 Abandoned, Wrecked, Dismantled, And Inoperative Vehicles 8.32.010 Findings And Determination 8.32.020 Definitions 8.32.030 Exceptions 8.32.040 Provisions Not Exclusive