Yuba County Municipal Code Ch. 8.70 Outdoor Music Festivals

The Board of Supervisors finds that outdoor music festivals, when held in or at facilities not designed or constructed for such events, often present problems for law enforcement personnel, involve traffic problems and that the noise emanating from the site is annoying and disturbing to nearby residents. The purpose of this Chapter is to regulate such events in order to prevent such problems and public nuisances.

(Prior Code, § 8.70.010; Ord. No. 650)

As used in this Chapter, the term "outdoor music Festival" means any music festival, concert, dance festival, "rock" festival, or similar musical activity at which music is provided by performers, by records or by tape recordings, where and to which 200 or more persons are invited or admitted.

(Prior Code, § 8.70.020; Ord. No. 650)

(a) An outdoor music festival which is proposed to be held or is held at or in a permanent building or installation constructed and designed for the holding of such events shall not be governed nor regulated by this Chapter, provided the owner or occupant of such a site has first applied for and received a written statement of exemption thereof from the Sheriff.

(b) Notwithstanding the foregoing, the following sites or places are deemed categorically exempt from the provisions of this Chapter:

(1) Theaters.

(2) Public and private school and school facilities.

(3) Premises owned or operated by public agencies.

(Prior Code, § 8.70.030; Ord. No. 650)

No person shall operate, maintain, or conduct an outdoor music festival, nor advertise such an event, without first obtaining a permit to do so, where it is planned or is reasonably, foreseeable that more than 200 persons will be admitted, will attend or will congregate at the site or nearby.

(Prior Code, § 8.70.040; Ord. No. 650; Ord. No. 1405)

Every person desiring or planning to conduct, promote or operate an outdoor music festival shall first apply in writing for a permit to do so to the Sheriff. The application shall be in writing and shall contain the following facts and information:

(1) The name, age, residence, and mailing address of the person making said application. If the application is made by a partnership, the names and addresses of the partners must appear. Where the applicant is a corporation, the application must be signed by the president, vice-president, and secretary thereof and must contain the addresses of said corporate officers. A certified copy, of the Articles of Incorporation shall be submitted with the application. The address and telephone number of the principal place of business of the applicant shall also be included in the application.

(2) A statement of the kind, character, or type (of outdoor music festival which the applicant proposes to conduct or carry on.

(3) The name and address of the owner, the exact location, legal description, area, and shape of the site of the proposed outdoor music festival including the site of the parking area.

(4) The date or dates and the hours during which the festival is proposed to be conducted, and during which the premises will be under the control of the applicant.

(5) An estimate of the minimum and maximum numbers of customers, spectators, participants, and ocher persons to be admitted to the outdoor music festival for each day it is conducted, together with detailed information supporting such estimate.

(6) If it is proposed or expected that spectators or participants will remain overnight, the arrangements for illuminating the premises and for camping or similar facilities.

(7) Provisions for clean-up of the premises and removal of trash, rubbish, and debris after the event has concluded.

(8) Such other information pertinent to the proposed outdoor music festival as the Sheriff finds necessary and requires in order to determine whether or not the permit should be granted and, if granted, the conditions of such permit.

(9) A consent to the entry at any time in the course of his duties of any peace officer, member, or employee of the Board, the Community Development and Services Agency, Sheriff, County Health Officer and any other County officer in the performance of his duties.

(10) A statement as to whether or not alcoholic beverages, including beer and wine, are to be served, sold or furnished, or may be consumed at the site.

(Prior Code, § 8.70.050; Ord. No. 650)

An application for a permit for an outdoor music festival shall be filed not less than 30 days prior to the beginning of such outdoor music festival.

(Prior Code, § 8.70.060; Ord. No. 650)

The application shall be accompanied by the payment to the County of a nonrefundable fee in the sum established in Section 13.00.050 to defray County costs of investigation and examination of the proposal. Said fee may be waived by the Sheriff when the applicant is a religious, charitable or non-profit group, organization or corporation.

(Prior Code, § 8.70.070; Ord. No. 650)

At the time of filing an application for a permit for an outdoor music festival the applicant shall also submit:

(1) Four copies of white background prints of a map drawn to scale, showing:

a. The location of the property concerned.

b. The location of all highways, streets, alleys, lots and parcels of land within 700 feet of the exterior boundaries of the proposed use.

c. The location of the parking area and of all other areas to be used for other uses incident to the outdoor music festival.

d. All interior accessways.

e. Access to the property.

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

g. The location of all loudspeakers.

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

(2) A list of names and addresses as shown on the latest available assessment roll of the County, of all persons to whom all property is assessed within 500 feet of the exterior boundaries of the exterior boundaries of the proposed use.

(3) A document showing that the applicant is the owner of the premises or an agreement in writing signed by the owner permitting such use of the premises and the filing of the application.

(4) An agreement signed by the applicant that, within 72 hours after the conclusion of the outdoor music festival he will clean up the premises and remove all trash and debris therefrom, including upon public roads to or from the site. This agreement shall be secured by a cash or corporate surety bond or undertaking in a penal sum of not less than $5,000.00 in the form approved by the Office of County Counsel.

(5) 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 music festival, which damage would not have occurred had the outdoor music festival not been held. This agreement shall be secured by the bond required by Subsection (4) hereinabove.

(Prior Code, § 8.70.080; Ord. No. 650)

An insurance policy shall be required to insure the permittee, the owner of the subject property and the County against all liability or cause of action incurred by them or any of them to any person which arises pursuant to the permit or arising from the conduct of the outdoor music festival. The insurance policy shall be in an amount established by the Risk Manager. The County shall be an additional insured on such policy.

(Prior Code, § 8.70.090; Ord. No. 650)

Upon receipt of the written application and accompanying documents, the Sheriff shall transmit copies thereof to:

(1) The County Health Officer.

(2) The Community Development and Services Agency's Public Works Director.

(3) The Highway Patrol.

(4) Chief of Police, Marysville.

(5) Chief of Police, Wheatland.

(6) Owners of record of real property whose parcels lie within 500 feet of the exterior boundary of the parcel which is the site of the proposed outdoor music festival.

(7) If alcoholic beverages are to be served or furnished, a notice shall be sent to the State Department of Alcoholic Beverage Control.

(Prior Code, § 8.70.100; Ord. No. 650; Ord. No. 1405)

The Sheriff shall set the matter of issuance of a permit for a public hearing not later than 15 days after the filing of the application. Five days' written notice of the time and place of such hearing shall be given by ordinary mail to the applicant and to all of the above-named persons and organizations.

(Prior Code, § 8.70.110; Ord. No. 650)

After conclusion of the said hearing the Sheriff may deny the application for issuance of the permit if he finds any of the following:

(1) That the written application is incomplete.

(2) That the plan or proposal is inadequate and therefore, it is reasonably foreseeable that the proposed outdoor music festival will substantially jeopardize, 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.

(3) The applicant, his employee, agent, or any other persons connected or associated with the applicant as partner, director, officer, stockholder, associate or manager in the operation of the outdoor music festival:

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

1. Any crime requiring registration under Penal Code § 290;

2. Any offense involving the use of force or violence upon the person of another; or

3. Any nuisance in connection with the same or similar business operation.

b. Has allowed or permitted any illegal possession, use, sale, or delivery of narcotics or any acts of sexual misconduct within prior business operations.

(4) The applicant, his employee, agent, or any person connected or associated with the applicant as partner, director, officer, stockholder, associate, or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for a permit.

(5) The applicant has had a similar type of permit previously revoked for good cause within one year prior to the application.

(Prior Code, § 8.70.130; Ord. No. 650)

A permit for an outdoor music festival shall state the maximum number of participants or spectators permitted. It shall be the duty of the person conducting the event to restrict the spectators or participants to the permitted number. In the event that more than the permitted number of participants are permitted to attend or participate in the event, then the admission of said excess numbers shall be a violation of the terms of the permit, an unlawful act in violation of this Chapter, and the assembly of persons of the event shall be an unlawful assembly and a public nuisance.

(Prior Code, § 8.70.140; Ord. No. 650)

A permit for an outdoor music festival shall permit said festival on the date and hours so stated on the face of said permit. In the event the outdoor music festival takes place or continues beyond the hours set, or on a different date, the conducting of the outdoor music festival shall be an unlawful act, a violation of this Chapter, is deemed to be a public nuisance, and such assembly at the event shall be an unlawful assembly.

(Prior Code, § 8.70.150; Ord. No. 650)

(a) The Sheriff shall attach such conditions to this permit as he finds necessary to accomplish the purpose of this Chapter, including but not limited to the following requirements:

(1) Adequate lighting, including location of all light standards and electrical switches.

(2) Provisions for cleaning up the premises and public roads used for the event after the termination of the outdoor music festival.

(3) An emergency communications system sufficient to meet the emergency requirements of the Sheriff and, in the appropriate cases the United States Forest Service. This requirement shall be deemed to be met where a telephone is available within one-half mile by road from the exterior boundary of the premises, or if a citizen's band radio transmitter, or similar transmission device, is available on the premises at all times during the festival.

(4) Assuring that the number attending does not exceed the number allowed by the permit.

(5) Such other conditions as he finds necessary for reasons of health, sanitation, supply of food, supply of water, prevention of unreasonable noise or promotion of general welfare.

(b) If it is reasonably foreseeable that the festival will cause the County to incur unusual expenses for law enforcement, public health measures or road maintenance, the Sheriff shall require the permittee to post a cash sum to be used to defray such expenses.

(c) All conditions shall appear on the permit.

(Prior Code, § 8.70.160; Ord. No. 650)

In addition to the conditions set forth hereinabove, the following rules and regulations shall also be conditions of the permit unless expressly waived by the Sheriff.

(1) Security guards. At every outdoor music festival one qualified security guard, either approved by the Sheriff or supplied by a private patrol operator whose name and address is stated in the application and who is licensed pursuant to the Private Security Service Act (Business and Professions Code § 7580 et seq.), for each 200 persons which the permit allows to attend, whether actually present or not, shall be constantly in attendance during the entire time the outdoor music 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. The Sheriff may authorize the employment of off-duty peace officers to meet the requirement of this Chapter, said peace officers shall be under the direction and control of the Sheriff of the County of Yuba.

(2) Water facilities. Every permittee shall provide an ample supply of water for drinking and sanitation purposes on the premises of the outdoor music festival. All water shall meet U.S. Public Health Service standards and shall be subject to approval by the County Health Officer.

(3) Sanitation facilities.

a. The permittee shall provide at least one water closet and one urinal for every 200 males and one water closet for every 100 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. Where flush-type toilets cannot be made available, the Sheriff may consent to the use or portable chemical toilets, and shall be subject to approval by the County Health Officer. Chemical toilets must be emptied at permittee's expense as necessary and pursuant to procedures established by the County Health Officer.

b. Every permittee shall be required to furnish at least one trash can with 32 gallons capacity for every 25 persons expected to be in attendance. Trash and refuse shall be emptied at permittee's expense as necessary and pursuant to procedures established by the County Health Officer.

(4) Parking. Every premises on which an outdoor music festival is conducted shall have on such premises or contiguous thereto automobile parking spaces equal to one-fifth of the number of persons which the permit allows to attend the said outdoor music festival unless the Community Development and Services Agency's Director of Public Works finds that a smaller number is sufficient in which case the permittee shall provide such lesser number. Such automobile parking area shall be grader, marked, and separated by a physical barrier from the area where the patrons will watch the performance. Every permittee shall provide adequate ingress and egress to the outdoor music festival premises and parking areas therefor. Necessary roads, driveways, and entranceways shall exist to insure orderly flow of traffic into the premises from a highway or road which is a part of the County system of highways or which is a highway maintained by the State of California. At all times between one hour before the beginning of the outdoor music festival and one hour after its termination the permittee shall provide parking attendants at all entrances, exits and within the parking lots and traffic guards to insure orderly movements and relieve traffic congestion in the vicinity of the outdoor music festival area.

(5) Fire protection. The permittee shall provide all fire protection and fire safety measures as the Sheriff and, in appropriate cases, the United States Forest Service, finds necessary to protect those attending the outdoor music festival.

(6) Lighting. If the hours during which the outdoor music festival can be held as provided in the permit are such that any portion thereof is between sunset of one day and sunrise of the following day or the permit allows any participant to remain overnight the permittee shall provide such lighting, including the location of all light standards and electrical switches as the Sheriff finds necessary for public safety and welfare.

(7) Clean up. Within 72 hours after the end of an outdoor music festival the permittee shall clean up the premises and remove all trash and debris therefrom.

(8) Communications system. The permittee shall install and, at all times during which the outdoor music festival is in progress, maintain an emergency communications system which the Sheriff finds adequate for fire and police protection.

(9) Dates and hours. The licensee shall operate the outdoor music festival only on those days and during the hours specified on the license.

(10) Overnight camping facilities. Every permittee authorized to allow persons who attend the outdoor music festival to remain on the premises overnight shall provide camping facilities and overnight areas. Such areas and facilities shall be subject to approval by the County Health Officer.

(11) Number of participants. The permittee shall not admit, and shall prevent the entrance of, to the premises on which the outdoor music festival is held, any person who does not possess a ticket except a peace officer of other public officer in the performance of his duties. Admission shall be by ticket only. The permittee shall not sell, give, or distribute a greater number of tickets than the number which the permit allows to attend. The permittee shall not admit any person to an outdoor music festival if such admission would result in a greater number of persons than allowed by the permit.

(Prior Code, § 8.70.170; Ord. No. 650; Ord. No. 1405)

(a) In the event a permit is granted and thereafter it appears that good cause exists for revocation of said permit, the Sheriff shall set a hearing date, notify the applicant by ordinary mail of said apparent cause, and date of hearing, to enable applicant to appear thereat and show cause why said permit theretofore issued should not be revoked.

(b) After hearing, said permit may be continued in effect, or additional conditions may be imposed thereon, based upon the grounds and concerns set forth in Section 8.70.130 hereof.

(Prior Code, § 8.70.180; Ord. No. 650)

The decision of the Sheriff in granting, granting upon conditions, denying or revoking a permit, or denying or granting exemption of a site, may be appealed to the Board of Supervisors by any aggrieved person. The decisions of the Sheriff shall be based upon evidence introduced at the hearing, and he shall render his decisions based upon written findings of fact.

(Prior Code, § 8.70.190; Ord. No. 650)

An aggrieved person may appeal the decision of the Sheriff to the Board of Supervisors by filing a written notice of appeal with the Clerk of the Board. Said notice of appeal shall set forth in factual terms the grounds for appeal, which are that the Sheriff's decision is: (a) arbitrary or capricious, or (b) illegal.

(Prior Code, § 8.70.200; Ord. No. 650)

Upon receipt of a notice of appeal, the Clerk shall submit it to the Board at its next regular meeting for setting of a time and place for hearing. The Board shall set the date of hearing sufficiently in advance to permit the giving of at least ten days' written notice, by ordinary mail, to all persons who appeared at the hearing of the Sheriff; upon setting said date, the Clerk shall give said notice to said persons.

(Prior Code, § 8.70.210; Ord. No. 650)

At the time and place so set, the Board shall fully hear from all interested persons and shall render its decision. The Board may, at such hearing, uphold, reverse, or modify the decision of the Sheriff, and may issue the permit in like manner as the Sheriff.

(Prior Code, § 8.70.220; Ord. No. 650)

No person shall advertise, or announce by any means or medium, including but not confined to pamphlets, handbills, newspapers, radio and television, the holding of an outdoor music festival prior to the granting of a permit permitting such outdoor music festival. The permittee or other person shall not print, distribute, broadcast, or use any such advertising or announcement, or any other advertising of the outdoor music festival which has not first been approved by the Sheriff.

(Prior Code, § 8.70.230; Ord. No. 650)

No person shall advertise or sell any ticket to any outdoor music festival regardless of where situated, whether in this State or otherwise, in any manner contrary to any statute, ordinance or regulation of the jurisdiction in which the festival is to be held.

(Prior Code, § 8.70.240; Ord. No. 650)

Any of the conditions, requirements of rules of Sections 8.70.050(6), (8), (9); 8.70.080(1), (2), (3), (5); 8.70.090; 8.70.100; and 8.70.160 may be waived by the Sheriff if he or she finds that the nature and location of the planned event is such that it is unnecessary to enforce said requirements in order to protect the public health, welfare and safety.

(Prior Code, § 8.70.250; Ord. No. 650)

It shall be unlawful for any permittee, employee, agent or person associated with said permittee, to do any of the following:

(1) Conduct an outdoor music festival as herein defined, without first procuring a permit to do so, or in violation of any condition or term of a permit.

(2) Sell tickets to an outdoor music festival without a permit first having been obtained.

(3) Operate, conduct or carry on any outdoor music festival in such a manner as to create a public or private nuisance.

(4) Exhibit, show or conduct within said place of an outdoor music festival any obscene, indecent vulgar, or lewd exhibition, show, play, entertainment or exhibit, no matter by what name designated.

(5) Allow any person on the premises of the outdoor music festival or cause or create a disturbance in, around or near the place of the outdoor music festival, by offensive or disorderly conduct.

(6) Knowingly allow any person to consume, sell by under the influence, or be in possession of intoxicating liquor while on the site of the outdoor music festival except where such consumption or possession is expressly authorized under the terms of this Chapter and under the laws of the State of California.

(7) Knowingly allow any person on the site of the outdoor music festival to use, sell, or be in possession of any narcotic or dangerous drug while in, around, or near the site of the outdoor music festival.

(8) Any of the above enumerated violations shall constitute a criminal act and shall be punishable pursuant to ordinances of the County of Yuba and the laws of the State of California. It is provided, however, that the County of Yuba retains any and all civil remedies, including the right of civil injunction for the prevention of said violations and for the recovery of money damages thereof.

(Prior Code, § 8.70.260; Ord. No. 650)

Every person, firm or corporation who violates any provision of this Chapter shall be guilty of a misdemeanor punishable by imprisonment in the County Jail for a maximum of six months or by a maximum fine of $1,000.00 or by both such fine and imprisonment.

(Prior Code, § 8.70.270; Ord. No. 650)

State Law reference— Penalties for ordinance violations, Government Code § 25132, Penal Code § 19.

If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or provisions of this Chapter or their applicability to distinguishable situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Chapter are intended to be severable.

State Law reference— Similar provisions, Government Code § 23.