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HomeMy WebLinkAboutAgenda - 06-14-2012 - 1001 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 14, 2012 Action Agenda Item No. 1 SUBJECT: Draft Mass Gathering Ordinance — Review and Discussion DEPARTMENT: Emergency Services, County PUBLIC HEARING: (Y /N) No Attorney and Planning & Inspections ATTACHMENT(S): A) Draft Mass Gathering Ordinance INFORMATION CONTACT: F.R. Montes de Oca, 245 -6100 Annette Moore, 245 -2317 Craig Benedict, 245 -2592 PURPOSE: To review and discuss a draft Orange County Mass Gathering Ordinance addressing the request for, planning for and management of mass gatherings within Orange County for sporting, cultural or other purposes in order to protect the health, safety and welfare of the public. BACKGROUND: Orange County regularly experiences public gatherings celebrating cultural, religious, historical and sporting events. While many have minimal effect on traffic and services, some have the potential to affect health and safety in the immediate area as well as residents and businesses in the surrounding areas. Currently, promoters and those who desire to host mass gatherings access different points of contact within the County to schedule, apply for permits and seek approval. The absence of a consistent process frustrates the public and business promoters, causes inordinate staff time and effort to play "catch -up" and oftentimes results in inappropriate planning by County departments. In 2011 a promoter planned a music festival that had the potential for 24 hour camping, alcohol consumption, public food preparation and musical acts from throughout the region. The promoter estimated attendance in excess of 5,000, which would have caused significant traffic impacts, posed potential health problems and burdened emergency services agencies. Advertised as the Tobacco Alley Biker Rally, many County agencies were notified of the planned event several weeks after the planning started, which placed a burden on limited resources and could have resulted in a less than positive outcome. Although, the event was not as successful as planned, it demonstrated the need for County agencies to develop an instrument to plan with better precision, allow sufficient start-up time, improve review of all health and safety systems and ensure a better chance of a successful, safe event. NC General Statute § 130A, Article 8, Part 7 addresses public gatherings over 5,000 attendees. However, events with attendees of less than 5,000 can often cause a burden on service providers, unhealthy situations and disrupt traffic patterns slowing response and causing 002 significant disruptions to local residents. A local ordinance allowing for more precise permit request processing, planning and review, and safety and health services management of these events is needed. Following the Biker Rally, the County Manager directed Emergency Services (ES) to coordinate with other County agencies to develop a solution for future mass gathering events. ES coordinated a series of meetings to discuss current practices and needed improvements in an effort to develop a consolidated document and process that included the needs and interests of various agencies throughout Orange County to include: the Sheriffs Office, County Health, Planning and Inspections, Solid Waste, Attorney's Office and Asset Management. The result of those meetings and discussions resulted in the attached ordinance. A planning tool as cited in the Administrative Rules section of the ordinance will be developed during follow -up meetings with the aforementioned agencies and stakeholders. The adoption of this ordinance will be used as the guiding principle to ensure that future mass gatherings are properly planned and managed and thus protect the interests, safety and welfare of the County, its residents and all involved. FINANCIAL IMPACT: Specific financial impacts of the proposed ordinance have not been fully determined. The fee schedule as proposed in the ordinance will not generate significant revenue, but it will offset the cost to departments involved in inspecting, permitting and providing coverage during or following an event. RECOMMENDATION(S): The Manager recommends that the Board: 1. Review and discuss the draft Orange County Mass Gathering Ordinance and provide feedback to staff; and 2. Review and discuss the draft Permitting and Inspection fee schedule and provide feedback to staff. 003 ATTACHMENT A DRAFT ORANGE COUNTY MASS GATHERING ORDINANCE A. Purpose. This Ordinance is adopted for the intent and purposes to provide minimum standards and regulations for the permitting of Mass Gathering Assemblies and to protect the public health, safety and general welfare of those persons in attendance at mass gatherings held in the County and those persons who reside near or are directly affected by mass gatherings in Orange County. B. Authority. North Carolina General Statutes § 130A -258. C. Definition. Mass Gathering. For purposes of this Ordinance "mass gathering" means a congregation or assembly of more than 500 but less than 5,000 people reasonably expected to attend a gathering in an open space or open air area. 2. "Reasonably expected to attend" as determined from promotion, advertisement and preparation for the congregation or assembly and from the attendance at prior congregation or assemblies of the same type. D. In General. No person shall establish, maintain, promote, conduct, advertise, act as entrepreneur, undertake, organize, manage or sell, or sell or give tickets to a mass gathering at any place in Orange County, and no person shall permit to be operated on their property any mass gathering, unless a valid permit authorizing such a mass gathering has been issued by the Emergency Services Director. This permit shall be issued at least sixty (60) days prior to the proposed mass gathering. I. A permit shall be issued to a person or a legally recognized entity licensed to do business in North Carolina. A permit is non - transferable. 2. A permit shall allow the congregation or assembly of only the maximum number of people state in the permit. The permittee shall not sell tickets of permit to gather more than the authorized number of person to congregate of assembly. 3. A permit may be revoked by the Emergency Services Director if at any time the Emergency Services Director finds that the mass gathering is being or has been maintained or operated in violation of this Ordinance. A permit will otherwise expire upon the satisfactory completion of the post - gathering cleanup following the close of the mass gathering. E. Exemptions. This Ordinance does not apply to congregations or assemblies in a permanent place of worship, stadium, athletic field, arena, auditorium or other similar permanently established place of assembly for congregations and 004 assemblies which do not exceed the maximum seating capacity of the structure where the assembly is held. F. Application Required. Application for a permit for a mass gathering shall be made to the Emergency Services Director, or his designee on a form and in a manner prescribed by the County Manager. The application shall be filed with the Emergency Services Director at least 60 days prior to the commencement of the mass gathering. A non refundable fee as provided below shall accompany the application. 1. When applying for such permit, the sponsor or event planner must submit copies of other required state of county licenses and or permits necessary to support the application. No permit shall be issued until all inspection of the facilities and equipment has been made and approved as required by law. 2. The application shall contain the identification of the applicant, identification for any other person or persons responsible for organizing, sponsoring or holding the mass gathering, the location of the proposed mass gathering, the estimated maximum number of persons reasonable expected to be in attendance at any time, the date or dates and the hours during which the mass gathering is to be conducted, and a statement as to the total time period involved. 3. Each application shall be accompanied by a detailed explanation, including drawings and diagrams, where applicable, of the prospective permittee's plans including contact to provide for the following: a. Police and fire protection b. Food and water supply and facilities c. Health and sanitation facilities d. Medical facilities and services including emergency vehicles and equipment e. Vehicle access and parking facilities f. Camping and trailer facilities g. Illumination facilities h. Communication facilities i. Noise control abatement j. Facilities for clean -up and waste disposal including removal by a licensed refuse hauler k. Insurance and bonding arrangements 1. Before work is done in the construction of the facilities of, or in the advertising or other preparation for a mass gathering, the operator shall submit, in duplicate, and receive approval of such plans, specifications, and reports which the County deems necessary for the protection and promotion of the public health. These plans, specifications, and reports shall include, where applicable, data Draft Mass Gathering Ordinance 2 June 6, 2012 005 relating to food and sanitary food service; water supply; plumbing; sewage disposal; toilet and lavatory facilities; refuse storage and disposal; vector control; sleeping areas and facilities; first aid and medical facilities; and, such other information as may be required by the County. 4. Any additional requirement the County Manager shall set forth. G. Provisional Permit. Within fifteen (15) days after the receipt of the application, the Emergency Services Director, or his designee, shall review the application and inspect the proposed site for the mass gathering. If it is likely that the requirement of the Ordinance and the Rules issues by the County Manager can be met, a provisional a permit shall be issued. H. Non - Permitted Mass Gathering. If, Emergency Services Director, upon information that a congregation or assembly of people which may constitute a mass gathering is being organized or promoted, may direct the organizer or promoter to submit within five calendar days an information report to the Emergency Services Department. The report shall contain the information required for application for a permit under this Ordinance and other information concerning the promotion, advertisement and preparation for the congregation or assembly and prior congregations or assemblies, as the Emergency Services Director deems necessary. The Emergency Services Director shall consider all available information including the report received to determine if the proposed congregation or assembly is a mass gathering. If the Emergency Services Director determines that a proposed congregation or assembly is a mass gathering, the Emergency Services Director shall notify the promoter or organizer to submit an application for permit at least thirty (30) days prior to the commencement of the mass gathering. I. Performance Bond. Within five days after issuance of the provisional permit the applicant must file a performance bond or other surety to be executed to the County in an amount of for up to persons and an additional for each expected to attend (or in an amount determined by the County Manager). The bond shall be conditioned on full compliance with this Ordinance and Rules adopted by the County Manager and shall be forfeitable upon noncompliance and a showing by the County of injury, damage or other loss to the County. J. Insurance. The permittee shall in addition file satisfactory evidence of public liability and property damage insurance in the amount determined by the Orange County Risk Manager to be reasonable, not to exceed one million dollars in amount, in relation to the risks and hazards involved in the proposed mass gathering. Draft Mass Gathering Ordinance June 6, 2012 oos K. Fees. The County shall recoup the cost incurred directly or indirectly by the County in connection with a mass gathering. Each application shall be accompanied by a nonrefundable fee for each site of the mass gathering. 1. Permit Fee. A permit fee shall be required for each day and each location of the mass gathering planned event. For the purpose of recouping the costs, the permit fee for each license shall be 2. Other Fees. Additional fees may be charged, including a deposit, by the County based upon the estimation of cost for health and planning department inspections, law enforcement and emergency services employee time and overhead costs. These fees may only be waived by the Orange County Board of Commissioners. L. Deposit, refund of bond termination. If the event sponsor has complied with all of the provisions herein, including clean up, the Emergency Services Director shall authorize return of the clean -up deposit (in an amount to be initially determined by the Emergency Services Director) shall be returned within five (5) days from such authorization. 2. If, upon inspection, the Emergency Services Director determines that the event sponsor has failed to comply with the Ordinance and specifically with these post - gathering procedures, the Emergency Services Director may cause trash and debris at the site to be placed in the appropriate containers, making it ready for removal. The event sponsor shall be responsible for the cost of such clean -up. The County may apply all or a portion of clean up deposit towards the clean -up cost incurred by the County. M. Issuance of Permit. If, upon inspection ten days prior to the starting date of the mass gathering, or earlier upon request of the permittee, the required facilities are found to be in place, satisfactory arrangements are found to have been made for required services, the charge for additional services paid and other applicable provision of this Ordinance and rules of the County Manager are found to have been met, the Emergency Services Director shall issue a permit for a mass gathering. If, upon inspection, the facilities, arrangements or other provisions are not satisfactory, the provisional permit shall be revoked and no permit shall be issued. 1. Upon revocation of either the provisional permit or the permit, the permittee shall immediately announce cancellation of the mass gathering in as effective manner as is reasonably possible. Draft Mass Gathering Ordinance 4 June 6, 2012 007 2. A revocation of a provisional permit or a permit may be appealed to the County Manager within ten (10) days of receipt of the revocation notice or denial of a permit. The County Manager has five (5) days to uphold the decision or to issue the permit. N. Administrative Rules. The County Manager shall promulgate rules necessary to carry out the purposes of this Ordinance. These rules shall include, but are not limited to, the establishment of requirements as follows: 1. General requirement relating to minimum size of activity area including camping and parking space, distance of activity area from dwellings, distance from public water supplies and watersheds and an adequate command post for use by personnel of health, law enforcement or other governmental agencies; 2. Adequate ingress and egress roads, parking faculties and entrances and exits to public highways; 3. Plans for limiting attendance and crowd control, dust control and rapid emergency evacuation; 4. Medical care, including facilities, services and personnel; 5. Sanitary water supply, source and distribution; toilet facilities; sewage disposal; solid waste collection, recycling and disposal; food dispensing, insect and rodent control; and post gathering cleanup; and 6. Noise level at perimeter; lighting and signs. O. Enforcement. The following penalties shall pertain to violations of this ordinance: The violation of any provision of this ordinance shall be a misdemeanor and any person convicted of such violation shall be punishable as provided in North Carolina General Statute Section 14 -4 and receive a fine of $500, or other applicable law. Each day's violation of this ordinance is a separate offense. Payment of a fine imposed in criminal proceedings pursuant to this subsection does not relieve a person of his liability for fees or other costs imposed under this ordinance. 2. Enforcement of this ordinance may include any appropriate equitable remedy, injunction or order of abatement issuing from a court of competent jurisdiction pursuant to North Carolina General Statute Section 153A -123 (d) and (e) or other applicable statute. Draft Mass Gathering Ordinance June 6, 2012 oos 3. Additional Penalties. In addition to the remedies noted above, the following penalties may be assessed against any person or entity who willfully holds mass gatherings (or willfully fails to perform any requirement of this ordinance) as defined herein (or who holds an ineligible mass gathering): fines up to $1,000 and/or imprisonment and shall be guilty of a Class 1 misdemeanor. Draft Mass Gathering Ordinance 6 June 6, 2012