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Show s' G. K. JEFFERSON Chairman of the Board of County Commissioners Commission-ers of Beaver County. ATTEST: s NICHOLAS R. DOTSON Beaver County Clerk Votes of County Commissioners Commission-ers on foregoing ordinance. For adoption: G. R. Jefferson, Thurman Eyre and Fred Harris. Har-ris. Against adoption: None. Published in the Beaver County Coun-ty News, Sept. 23, 1971. LEGAL NOTICES a license the applicant shall first determine the maximum number of people which will be assembled or admitted to the location of the assembly, provided that the maximum number shall not exceed the maximum .number which can reasonably assemble at the location lo-cation of the assembly in consideration con-sideration of the nature of the assembly and provided that, where ths assembly is to continue con-tinue overnight, the maximum number shall not be more than is allowed to sleep within the boundaries of the location of the assembly by any zoning or health ordinances of Beaver County. 3-2 Before he may be issued is-sued a license the applicant shall provide proof that he will furnish at his own expense before be-fore the assembly commences: a. A fence completely en- person per day. together with a plan for holding and a plan for collecting all such waste at least once each day of the assembly as-sembly and sufficient trash cans with tight fitting lids and personnel to perform the task; e. Physicians and nurses licensed li-censed to practice in the State of Utah sufficient to provide the average medical care enjoyed en-joyed by residents of Utah for the maximum number of people peo-ple to be assembled at the rate of at least one physician for every 1.000 people and at least one nurse for every 1,500 people, peo-ple, together with an enclosed covered structure where treatment treat-ment may be rendered, containing con-taining separately enclosed treatment rooms for each physician, phy-sician, and at least one emergency emer-gency ambulance available for use at all times; f. If the assembly is to con- property upon which the assembly as-sembly is to be held or a statement state-ment made upon oath or affirmation af-firmation by the record owner own-er (s) of all such property for an assembly of 1,000 or more persons; d. The nature or purpose of the assembly; e. The total number of days andor hours during which the assembly is to last; f. The maximum number of persons which the applicant shall permit to assemble at any time, not to exceed the maximum maxi-mum number which can reasonably reas-onably assemble at the location loca-tion of the assembly, in consideration con-sideration of the nature of the assembly, or the maximum number of persons allowed to sleep within the boundaries of the location of the assembly by any zoning ordinances of Beaver County if the assembly ORDINANCE NO. 115 LARGE PUBLIC ASSEMBLIES RELATING TO LARGE PUBLIC PUB-LIC ASSEMBLIES, REQUIRING REQUIR-ING LICENSING OF AND PROVIDING REGULATION OF CERTAIN PUBLIC ASSEMBLIES AS-SEMBLIES OF ONE THOUSAND THOU-SAND PERSONS OR MORE: STATING THE PURPOSE OF THE ACT. REQUIRING A LICENSE AND STATING THE LIMITATIONS THEREON; PROVIDING CONDITIONS PRIOR TO THE ISSUANCE OF THE LICENSE; REQUIRING REQUIR-ING THAT THE APPLICATION APPLICA-TION FOR A LICENSE CON- Bcaver County that any section or provision so declared shall b? severable from and shall not affect the validity of the remainder of the ordinance. CHAPTER 2 License Required 2-1 No person shall permit, mai.ntain, promote, conduct, advertise, ad-vertise, act as e.nterpreneur, undertake, organize, manage, or sell or give tickets to an actual or reasonably anticipated anticipat-ed assembly of 1.000 or more people which continues or can reasorably be expected to continue con-tinue for 18 or more consecutive consecu-tive hours, whether on public TAIN CERTAIN FACTS, DISCLOSURES, DIS-CLOSURES, AND A REQUIRED RE-QUIRED BOND; PROVIDING FOP. ISSUANCE OF THE LICENSE; LIC-ENSE; PROVIDING FOR REVOCATION RE-VOCATION OF THE LICENSE; LIC-ENSE; PROVIDING ENFORCEMENT ENFORCE-MENT MEASURES; DECLARING DECLAR-ING SEVERABILITY OF PROVISIONS; PRO-VISIONS; AND PROVIDING AN EFFECTIVE DATE. THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF BEAVER, STATE OF UTAH, ORDAINS AS FOLLOWS: FOL-LOWS: CHAPTER 1. Intent 2. License Required 3. Conditions for Issuing Li cense. 4. Application 5. Issuance 6. Revocation 7. Enforcement 8. Effective Date CHAPTER 1 Intent 1-1 It is the purpose of Beaver County, State of Utah, to regulate the assemblage of large numbers of people, in excess of those normally needing need-ing the health, sanitary, fire, police, transportation and utility util-ity services regularly provided in Beaver County in order that the health, safety and welfare of all persons in Beaver County, Coun-ty, residents and visitors alike, may be protected. 1-2 It is the intent of Beaver Bea-ver County, State of Utah, that all sections and provisions of this ordinance have an independent inde-pendent existence, and should any section or provision be re-clared re-clared invalid or unconstitutional unconstitu-tional toy a court of competent jurisdiction, it is the Intent of or private property unless a license to hold the assembly has first been issued by the Beaver County Commissioners, application for which must be made at least 30 days in advance ad-vance of the assembly. A license lic-ense to hold an assembly issued to one person shall permit any person to engage in any lawful law-ful activity i.n connection with the holdings of the licensed assembly. as-sembly. 2-2 As used in this ordinance: ordi-nance: a. Person means a.ny individual in-dividual natural human being, partnership, corporation, firm, company, association, society or group; b. Assembly means a company com-pany of persons gathered together to-gether at any location at a.ny single time for any purpose. 2-3 A separate license shall be required for each location in which 1.000 or more people assemble or can reasonably be anticipated to assemble; the fee for each license shall be $100.00 for each day. 2-4 A license shall permit the assembly of only the maximum maxi-mum number of people stated in the license. The licensee shall not sell tickets to, nor permit to assemble at the licensed li-censed location more than thej maximum permissable number of people. 2- 5 This ordinance shall not apply to government sponsored fairs held on regularly established estab-lished fairgrounds nor to assemblies as-semblies required to be licensed lic-ensed by other ordinances and regulations of Beaver Countty. CHAPTER 3 Conditions For Issuing License 3- 1 Before he may be issued closing the proposed location, of sufficient height and strength to prevent people in excess of the maximum permissible permis-sible number from gaining access ac-cess to the assembly grounds, which shall have at least four gates, at least one at or near four opposite points of the compass; b. Portable water, meeting all Federal and State requirements require-ments for purity, sufficient to provide drinking water for the maximum number of people to be assembled at the rate of at least one gallon per person per day and water for bathing at the rate of at least 5 gallons per person per day; 'c. Separate enclosed toilets for males and females, meeting all State and local specifications, specifica-tions, conveniently located throughout the grounds, sufficient suffic-ient to provide facilities for the maximum number of people peo-ple to be assembled at the rate of at least one toilet for every 200 females and at least one toilet for every 300 males together to-gether with an efficient, sanitary sani-tary means of disposing of waste matter deposited, which is in compliance with all State and local laws and regulations; a lavatory with running water under pressure and a continuous continu-ous supply of soap and paper towels shall be provided with each toilet; d. A sanitary method of disposing dis-posing of solid waste, in compliance com-pliance with State and local laws and regulations, sufficient suffic-ient to dispose of the solid -waste production of the maximum maxi-mum number of people to be assembled at the rate of at least 2.5 lbs. of solid waste per tinue during hours of darkness; illumination sufficient to light the entire area of the assembly at the rate of at least five foot candles, but not to shine unreasonably un-reasonably beyond the boundaries boun-daries of the enclosed location of the assembly; g. A free parking area inside in-side of the assembly grounds sufficient to provide parking space for the maximum number num-ber of people to be assembled at the rate of at least one parking park-ing space for every four persons; per-sons; h. Telephone connected to outside lines sufficient to provide pro-vide service for the maximum number of people to be assembled as-sembled at the rate of at least one separate line and receiver for each 1,000 persons; i. If the assembly is to continue con-tinue overnight, camping facilities fa-cilities in compliance with all Federal, State and local requirements re-quirements sufficient to provide pro-vide camping accomodations for the maximum number of people to be assembled; j. Security guards, either regularly employed, duly sworn off-duty peace officers of the State of Utah or private guards, licensed in the County of Beaver Beav-er sufficient to provide adequate ade-quate security for the maximum maxi-mum number of people to be assembled at the rate of at least one security guard for every 750 people; k. Fire protection, including alarms, extinguishing devices and fire lanes and escapes, sufficient suf-ficient to meet all Federal, State and local standards for the location of the assembly and sufficient emergency personnel per-sonnel to efficiently operate the remiirpH pnuinmpnt- is to continue overnight; g. The maximum number of tickets to be sold, if any; h. The pla.ns of the applicant appli-cant to limit the maximum number of people permitted to assemble; i. The plans for fencing the location of the assembly and1 the gates contained in sucft fence; j. The plans for supplying portable water including the source, amount available andf location of outlets; k. The plans for providing toilet and lavatory facilities including in-cluding the source, number and location, type, and the means of disposing of waste deposited; 1. The plans for holding collection, and disposing of solid sol-id waste material; m. The plans to provide fov medical facilities including the location and construction of a medical structure, the names and address and hours of availability avail-ability of physicians and nurses, nurs-es, and provisions for emer- ge.ncy ambulance service; n. The plans, if any, to illuminate il-luminate the location of the assembly including the source and amount of power and the location of lamps; o. The plans for parking vehicles including size and location lo-cation of lots, points of highway high-way access and interior roads including routes between highway high-way access and parking lots; p. The plans for telephone service including the source, number and location of telephones; tele-phones; q. The plans for camping facilities, if any. including facilities fa-cilities available and their location; 1. A bond, filed with the Clerk of Beaver County, either in cash or underwritten by a surety company lincensed to do business in Utah at the rate of $1.00 per person for the maximum number of people permitted to assemble, which shall indemnify and hold harmless harm-less Braver County or any of its agents, officers, servants and employees from any liability lia-bility or causes of action which might arise by reason of granting grant-ing this license, and from any cost incurred in cleaning up any waste material produced or left by the assembly. m. No person under the age of eighteen years of age shall be admitted to any festival unless un-less accompanied by a parent or guardian, the parent or guardian to remain with the said person at all times. CHAPTER 4 Application 4-1 Application for a license to hold an actual or anticipated anticipat-ed assembly of 1,000 or more persons shall be made in writing writ-ing to the Beaver County Commission Com-mission at least 30 days in advance ad-vance of such assembly. 4-2 The application shall contain a statement made upon oath or affirmation that the statements contained therein are true and correct to the best knowlecdge of the applicant and shall be signed and sworn to or affirmed by the individual individ-ual making application in the case of a corporation, by all partners in the case of a partnership part-nership or by all officers of an unincorporated association, society so-ciety or group or, if there be no officers, by all members of such association, society or group. 4-3 The application shall contain and disclose: a. The name, age, residence and mailing address of all persons per-sons required to sign the ap-lication ap-lication by 4-2 and, in the case of a corporation, a certified copy of the articles of incorporation incor-poration together with the name, age, residence and mailing mail-ing address of each person holding 10 or more of the stock of said corporation; b. The address and legal description of all property upon up-on which the assembly is to be held together with the name, residence and mailing address of the record owner (s) of all such property; c. Proof of ownership of all r. Ihe plans for security including in-cluding the number of guards, their names, addresses, credentials cre-dentials and hours of availability; avail-ability; s. The plans for fire protection pro-tection including the number, type, and location of all protective pro-tective devices including alarms and extinguishers, and the number of emergency fire personnel available to operate the equipment; t. The plans for food concessions con-cessions and concessioners who will be allowed to operate on the grounds including the names and addresses of all concessioners and their license or permit numbers. 4- 4 The application shall include in-clude the bond required in 3-2, 1, and the lice.nse fee. CHAPTER 5 Issuance 5- 1 The application for a license shall be processed within with-in twenty days of receipt and shall be issued if all conditions condi-tions are complied with. CHAPTER 6 Revocation 6- 1 The license may be revoked re-voked by the Beaver County Commission at any time if any of the conditions necessary for the issuing of or contained in the license are not complied with, or if any condition previously pre-viously met ceases to be complied com-plied with. CHAPTER 7 Enforcement 7- 1 The provisions of this ordinance may be enforced by injunction in any court of competent com-petent jurisdiction. 7-2 The holding of an assembly as-sembly in violation of any provisions pro-visions or condition contained in this ordinaries shall be deemed a public nuisance and may be abated as such. 7- 3 Any person who violates vio-lates 2-1 or who violates any condition upon which he is granted a license may be fined not more than $299.00 or imprisoned im-prisoned for not more than six months in the Beaver County Jail or both. Each day of violation vio-lation shall be considered a separate offense. CHAPTER 8 Effective Date 8- 1 This ordinance shall take effect fifteen (15) days after the date it was passed and adopted. Passed and adopted and ordered or-dered published by the Board of County Commissioners of Beaver County, Utah on the 7th day of September, 1971. |