Trinity County Municipal Code Ch. 5.20 Outdoor Festivals

A. The board of supervisors of the county finds that recently both in this state and elsewhere "rock" festivals have been attended by huge numbers of persons, sometimes exceeding one hundred thousand. Many of the participants arrive in stolen automobiles and abandon such automobiles at the outdoor festival. All traffic has been totally blocked. Participants in rural areas have slaughtered all of the cattle on adjoining properties without the permission of the owners thereof, destroyed property and scattered trash and debris on adjacent premises. Many participants at such rock and roll festivals sleep out in the open on the rock and roll premises and on adjacent premises. Other participants drive automobiles thereon and run over those so sleeping. There have been insufficient sanitary facilities, drinking water, medical services, lighting, or none at all. It has been impossible to police the numerous participants except at the outside periphery of the crowd and many crimes are committed with impunity, especially the illicit traffic in narcotics. The sponsors of festivals have supplied inadequate supervision or none at all. There have been inadequate facilities for vehicle parking or none at all.

B. More generally stated, such festivals have been characterized by a substantial, and in some instances a total disregard for the health and safety of participants as well as the public; an uncontested and uncontrollable conduct pattern which is replete with crime and disorder and accompanying infringement on the property and personal rights of others.

C. For these and other reasons the board of supervisors finds necessary the regulations imposed by this chapter.

(Ord. 328 §1, 1970)

A. "Outdoor festival" means any music festival, dance festival, "rock" festival or similar musical activity, at which music is provided by paid, or professional, or amateur performers, or by prerecorded means, which is held at any place other than in a permanent building or permanent installation, which permanent installation has been constructed for the purpose of conducting such activities or similar activities, to which members of the public are invited or admitted for a charge, or free of cost, and which is attended by more than three hundred fifty persons.

B. All other words which are used in this chapter which are defined in Ordinance 315, zoning, are used in this chapter as so defined.

(Ord. 328 §2, 1970)

It shall be unlawful for any person to operate, maintain, conduct, advertise, sell or furnish tickets or other types of written authority to admission to an outdoor festival in the unincorporated area of the county unless he shall first obtain a license from the county to operate such festival.

(Ord. 328 §3, 1970)

Application for a license to conduct an outdoor festival shall be made in writing to the clerk of the board of supervisors at least sixty days prior to the time indicated for the commencement of the outdoor festival. It shall be accompanied by a nonrefundable application fee of one hundred dollars plus two hundred fifty dollars per day of operation and shall contain the following information:

A. The name, age, residence, mailing address, and telephone number of the applicant, and applicant's legal nature, such as individual, partnership, corporation, etc. If the application is made by a partnership the names and addresses of all general partners shall be included. If the application is made by a corporation, the application shall be signed by the president and a secretary thereof and shall contain the names and addresses of all corporate officers, and a certified copy of the articles of incorporation shall be attached thereto;

B. The owner, and exact location, legal description, area, and shape of the premises on which it is planned to conduct the outdoor festival;

C. The owner, exact location, legal description, area, and shape of all lands to be used for parking or other uses incidental to the outdoor festival;

D. The date or dates and the hours during which the festival is to be conducted;

E. An estimate of the minimum and maximum numbers of customers, spectators, participants and persons expected to attend the outdoor festival for each day it is to be conducted, together with detailed information supporting such estimate;

F. A detailed explanation of the applicant's program and plans to supply security protection, water supply facilities, food supply facilities, sanitation facilities, medical and first-aid facilities and services, vehicle parking space, vehicle access and outside traffic control;

G. All loudspeakers and sound equipment to be used and the intensity of the sound, in decibels, at the boundaries of the premises;

H. The names and addresses of all persons who will act as security guards during the outdoor festival;

I. If it is proposed or expected that spectators or participants will remain during the night, the arrangements for illuminating the premises and for camping or similar facilities;

J. Provisions for cleanup of the premises and removal of rubbish after the event has concluded;

K. A consent to the entry at any time in the course of his duties of any peace officer, county engineer, forester and fire warden, sheriff, county health officer and any other county officer in the performance of his duties;

L. Such other information pertinent to the outdoor festival as the board of supervisors or any county officer finds necessary and requires in order to determine whether or not the license should be granted and, if granted, the conditions of such license.

(Ord. 328 §10, 1970)

At the time of filing an application for a license for an outdoor festival the applicant, at the same time, shall also file:

A. Four copies of white background prints of a map drawn to scale showing:

1. The location of the property concerned;

2. The location of all highways, streets, alleys, lots and parcels of land within seven hundred feet of the exterior boundaries of the proposed use,

3. The location of the parking area and of all other areas to be used for other uses incidental to the outdoor festival,

4. All interior accessways,

5. Access to the property,

6. The location and detailed plans of all buildings and structures on the premises or to be erected, including bandstand, stage, or other facility for performers,

7. The location of all loudspeakers, and

8. The location of all toilet, medical, drinking and other facilities;

B. A certified list as shown on the latest available equalized assessment roll of the county of the names and addresses of all persons to whom all property is assessed within five hundred feet of the exterior boundaries of the proposed use;

C. A document showing that the applicant is the owner of the premises or an agreement in writing signed by all the owners thereto permitting such use of the premises and the filing of the application;

D. The agreements or contracts which show what doctors, first-aid attendants and ambulances will be available at the festival;

E. An agreement signed by the applicant that, within seventy-two hours after the conclusion of the outdoor festival, he will clean up the premises and remove all trash and debris therefrom. Such agreement shall be secured by an undertaking or cash deposit or both in a total amount of not less than five thousand dollars. The undertaking shall be for the benefit of the county and all persons to whom the license or owner may become liable because of the agreement required by subsection F or arising from the conduct of the license at the outdoor festival;

F. An agreement signed by the applicant and by the owner of the subject premises that they will reimburse all owners and occupants of property adjoining the subject premises for all damages of any kind to such owners or occupants or to their property caused by the applicant, owner of the subject premises, or by any person attending the outdoor festival, which damage would not have occurred had the outdoor festival not been held, and an undertaking, policy or insurance, or cash deposit or any combination thereof. The undertaking and insurance policies shall insure the licensee and owner of the subject property against all liability incurred by them or either of them to the county or to any person, which liability arises pursuant to the agreement required by this subsection or arising from the conduct of the licensee of the outdoor festival.

(Ord. 328 §11, 1970)

The undertaking, policy of insurance, or deposit shall each be in such an amount that the total shall not be less than fifty thousand dollars.

(Ord. 328 §12, 1970)

Upon receipt of a complete application and the application fee, the clerk shall request the board to set a time and date for a public hearing and the board shall set the application for public hearing at a regular meeting of the board, not less than fifteen nor more than thirty days thereafter, and shall give not less than ten days' written notice thereof to the applicant. The clerk of the board shall give notice of the hearing and copies of the application to the sheriff, public health director, road commissioner, planning commission and chief building inspector. Each such county officer shall investigate the matter and report in writing to the board not later than the time set for hearing with appropriate recommendation concerning the activity. The clerk shall also serve notice of the time and place of the hearing upon all persons whose names and addresses appear upon the latest available assessment roll of the county as owning property within five hundred feet of the exterior boundaries of the proposed use.

(Ord. 328 §13, 1970)

The board of supervisors shall consider the documentary and testimonial evidence of witnesses presented at the hearing and may grant a license for an outdoor festival if it finds:

A. That the outdoor festival will be held at a location which complies with and meets all the health, zoning, fire and safety requirements and standards of the laws of the state and ordinances of the county applicable thereto;

B. That all information required by this chapter is in the application and all documents required by this chapter have been filed;

C. That the proposed outdoor festival will not, in any way, jeopardize, or adversely affect, endanger, or otherwise constitute a menace to the public health, safety or general welfare, or be materially detrimental to the property of other persons located in the vicinity of such use. The board may find that a location is unsuitable even if in the proper zone;

D. The applicant, his employee, agent, or any person connected or associated with the applicant as partner, director, officer, stockholder, associate or manager:

1. Has not been convicted within the last five years in any court of competent jurisdiction of:

a. Any crime requiring registration under Section 290 of the Penal Code

b. Any violation of Chapter 7.5 (beginning with Section 311) of Title 9, Part 1 of the Penal Code

c. Any violation of Chapter 7.6 (beginning with Section 313) of Title 9, Part 1 of the Penal Code

d. Any violation of paragraphs (a), (b), or (d) of Section 647 of the Penal Code

e. Any violation of Section 315 or 316 or 318 of the Penal Code

f. Any offense involving the use of force or violence upon the person, or

g. Any offense involving the maintenance of a nuisance in connection with the same of similar business operation,

2. Has not committed within the last five years any offense described in subsections (a), (b), (c), (d), (e) or (f) of D1 above,

3. Has not allowed or permitted possession, use, sale, or delivery of narcotics or any acts of sexual misconduct within prior business operations;

E. The applicant, his employee, agent, or any person connected or associated with the applicant as partner, director, officer, stockholder, associate, or manager, has not knowingly made any false, misleading or fraudulent statement of material fact in the application for a license or in any report or record required to be filed with the clerk of the board;

F. The applicant has not had a similar type of license previously revoked for good cause within one year prior to the application, or if he has, he also has shown material change in circumstances since such revocation.

(Ord. 328 §14, 1970)

A license for an outdoor festival shall state the maximum number of participants permitted. In deciding this maximum the board may be guided by, but it is not bound by, the estimate stated in the application for a license.

(Ord. 328 §15, 1970)

A license for an outdoor festival shall state the dates and hours during which the outdoor festival may be conducted.

(Ord. 328 §16, 1970)

In granting a license the board may attach such conditions as it finds necessary to accomplish the purpose of this chapter, including, but not confined to:

A. Adequate lighting, including location of all light standards and electrical switches;

B. Provisions for cleaning up the premises after the termination of the outdoor festival;

C. An emergency communications system sufficient to meet the emergency requirements of the sheriff, forester and fire warden;

D. Advertising permitted, including advertising by radio, television or loudspeaker;

E. Assuring that the number attending does not exceed the number permitted by the license;

F. Such other conditions as the board finds necessary for reasons of health, sanitation, supply of food, supply of water, prevention of unreasonable noise, or promotion of the general welfare. Such conditions shall appear on the license.

(Ord. 328 §17, 1970)

The board of supervisors shall have the right to revoke any license issued pursuant to this chapter after a public hearing on oral or written notice given to the licensee at least twenty-four hours prior to such hearing, for any of the following causes:

A. The location of the outdoor festival does not comply with or fails to meet all of the health, zoning, fire and safety requirements or standards of all the laws of the state or ordinances of the county applicable to such business operation;

B. The licensee, his employee, agent or any person connected or associated with the licenses as partner, director, officer, stockholder, associate, or manager:

1. Has been convicted within the last five years in a court of competent jurisdiction of:

a. Any crime requiring registration under Section 290 of the Penal Code, or

b. Any violation of Chapter 7.5 (beginning with Section 311) of Title 9 of Part 1 of the Penal Code, or

c. Any violation of Chapter 7.6 (beginning with Section 313) of Title 9 of Part 1 of the Penal Code, or

d. Any violation of paragraphs (a), (b) or (d) of Section 647 of the Penal Code, or

e. Any violation of Sections 315 or 316 of 318 of the Penal Code, or

f. Any offense involving the use of force or violence upon the person of another, or

g. Any offense involving the maintenance of a nuisance in connection with the same or similar business operation,

2. Has committed within the last five years any offense described in subsections (a), (b), (c), (d), (e) or (f) of B1 above,

3. Has allowed or permitted upon the premises any illegal possession, use, sale or delivery of narcotics or any acts of sexual misconduct;

C. The licensee, his employee, agent or any person connected or associated with the licensee as partner, director, officer, stockholder, associate or manager has knowingly made a false, misleading, or fraudulent statement of material fact in the application for a license, or in any report of record required to be filed with the clerk of the board;

D. The licensee has violated a condition of the license or a rule or regulation adopted by the board relating to the licensee's business, or a provision of this chapter.

(Ord. 328 §18, 1970)

The sheriff of the county may suspend operations and close any outdoor festival prior to the expiration of the license granted under the provisions of this chapter, in the event of the occurrence of a riot, major disorder or serious breach of the peace when in his opinion it becomes necessary to prevent injury to person or persons and/or damage to property.

(Ord. 328 §19, 1970)

A neighborhood or community benefit organization, organized for charitable, religious or eleemosynary purposes shall be exempt from paying the application fees provided for in this chapter provided the net proceeds from any such activity do not inure to the benefit of any private person, partnership or corporation.

(Ord. 328 §20, 1970)

A. The licensee shall provide drinking water which the health officer first finds sanitary for drinking purposes by providing drinking fountains as follows:

1. One drinking fountain for the first one hundred persons;

2. Two drinking fountains for more than one hundred but less than five hundred persons;

3. One additional drinking fountain for each additional five hundred persons or fraction thereof.

B. If the health officer finds that lesser or different facilities are sufficient instead of the above, the licensee shall provide such facilities.

(Ord. 328 §30, 1970)

A. The licensee shall provide at least one water closet and one urinal for every two hundred males and one water closet for every one hundred females, or major fraction of such number permitted to attend, unless the health officer finds that a lesser number is sufficient in which case he shall provide such number. If a compartment contains one water closet and one urinal the licensee may count it as one water closet or as one urinal, but not as both. Such sanitary facilities shall first be approved by the health officer.

B. The licensee shall provide one lavatory for each two fixtures required. Where both sexes are admitted, the sexes shall be assumed to be equally divided.

(Ord. 328 §31, 1970)

Every premises on which an outdoor festival is conducted shall have on such premises or contiguous thereto, automobile storage spaces equal to one-fourth of the number of persons which the license permits to attend the outdoor festival unless the county road commissioner finds that a smaller number is sufficient in which case the licensee shall provide such lesser number. Such automobile parking spaces shall be graded, marked and separated by a physical barrier from the area where the patrons will watch the performance. At all times between one hour before the beginning of the outdoor festival and until the parking lots are empty after its termination the licensee shall provide parking attendants at all entrances, exits and within the parking lots.

(Ord. 328 §32, 1970)

At every outdoor festival one male employee approved by the sheriff for each two hundred persons which the license permits to attend, whether actually present or not, shall be constantly in attendance during the entire time the outdoor festival is in progress, and shall devote his entire time and attention to keeping order, and observing and enforcing all applicable statutes and ordinances including this chapter.

(Ord. 328 §33, 1970)

The licensee shall provide all fire protection and fire safety measures as the U.S. Department of Forestry and/or fire warden finds necessary to protect those attending the outdoor festival.

(Ord. 328 §34, 1970)

If the hours during which the outdoor festival can be held as provided in the license are such that any portion thereof is between sunset of one day and sunrise the following day or the license permits any participant to remain overnight the licensee shall provide such lighting, including the location of all light standards and electrical switches as the board finds necessary for public safety and welfare.

(Ord. 328 §35, 1970)

Within seventy-two hours after the end of an outdoor festival the licensee shall clean up the premises and remove all trash and debris therefrom

(Ord. 328 §36, 1970)

The licensee shall install and, at all times during which the outdoor festival is in progress, maintain an emergency communications system which both the sheriff and fire warden find adequate for fire and police protection.

(Ord. 328 §37, 1970)

The licensee shall operate the outdoor festival only on those days and during the hours specified on the license.

(Ord. 328 §38, 1970)

The licensee shall not admit, and shall prevent the entrance of, to the premises on which the outdoor festival is held, any person who does not possess a ticket except a peace officer or other public officer in the performance of his duties. Admission shall be by ticket only. The licenses shall not sell, give, or distribute a greater number of tickets than the number which the license permits to attend. The licenses shall not admit any person to an outdoor festival if such admission would result in a greater number of persons present than permitted by the license.

(Ord. 328 §39, 1970)

A person shall not advertise or announce by any means or medium, including but not confined to pamphlets, handbills, newspapers, radio and television, the holding of an outdoor festival prior to the granting of a license permitting such outdoor festival. The licensee or other persons shall not print, distribute, broadcast, or use any such advertising or announcement, or any other advertising of the outdoor festival which has not first been approved by the board. The board shall approve such advertising if it states that the admission is by ticket only, if all statements are true and if there is no statement which might imply any conclusion contrary to fact.

(Ord. 328 §40, 1970)

A person shall not enter, be, or remain on any part of the premises on which an outdoor festival is conducted while in the possession of, consuming, using, or under the influence of, any alcoholic beverage or drugs. The licensee shall not permit any such person to enter or remain upon the licensed premises.

(Ord. 328 §41, 1970)

The licensee shall use such methods of dust control as approved by the health officer. The health officer shall approve such methods if he finds that such methods will prevent the arising of dust to an extent which may endanger the public health or safety.

(Ord. 328 §42, 1970)

The licensee shall provide all exterior and interior accessways which the sheriff and county road commissioner find necessary for the use of participants at the festival. All exterior and interior accessways shall be clearly delineated by means of curbs or buffers on the ground. A person shall not occupy any such accessway except for the purpose of access or to cross the same.

(Ord. 328 §43, 1970)

In selling, preparing, delivering or serving food or beverages, or both, all persons shall comply with the California Restaurant Act, Chapter 11 (beginning with Section 28600) of Division 21 of the Health and Safety Code of the state.

(Ord. 328 §44, 1970)

No license granted under the provisions of this chapter shall be transferable or removable to another location.

(Ord. 328 §45, 1970)

Any violation of Section 5.20.030 shall be a misdemeanor, punishable by a fine of not more than ten thousand dollars or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment. A separate offense shall be deemed to have been committed for each day or fraction thereof that the violation continues.

(Ord. 328 §50, 1970)

Any violation of the regulatory provisions of this chapter shall be a misdemeanor, punishable by a fine of not more than five hundred dollars or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment. A separate offense shall be deemed to have been committed for each day or fraction thereof that the violation continues.

(Ord. 328 §51, 1970)