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The Consolidated Borough of Quil Ceda Village
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Ordinance No. 08.01.3
Public Assemblange Law
Printable Version
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1. Title
This Ordinance shall be known and cited as the "Public Assemblage Law
of the Quil Ceda Village." |
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2. Purpose
This Ordinance is enacted for the purpose of protecting, preserving and
assuring the health, welfare, safety and morals of the residents and inhabitants
of the Quil Ceda Village and visitors therein, as well as preventing riots,
disorderly crowds and/or assemblages therein, unsafe, unsanitary or other
conditions leading to, creating, causing, inciting or making possible
a threat to the health, welfare and safety of the municipality, its orderly
administration and control by duly elected, acting or authorized officers,
agents and/or employees and the prevention of spread of disease and the
creation of unhealthy conditions, the violation of sanitary requirements,
the elimination of excessive crowds, traffic congestion and/or other such
hazards to the public safety and welfare and the preservation of the peace
in said municipality, its residents, inhabitants, property owners, both
public and private, and sojourners therein, together with the protection
of public property in said municipality and the general health, welfare,
safety and morals of the municipalities surrounding, adjacent or near
to the Quil Ceda Village and tribal, state, federal, county and town roads
and/or highways leading thereto and therefrom.
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3. Definitions.
As used in this Ordinance, the following terms shall have the meanings
indicated:
Minimal Effect -The type of assemblage which shall not:
A. Unreasonably impede traffic; or
B. Cause unreasonable noise, litter or risk of safety to the inhabitants
of the municipality.
Public Assemblage:
A. Any gathering of people at a carnival, circus, music festival, concert,
sporting or recreational event or other festival or public amusement,
except as otherwise sponsored or licensed by the Quil Ceda Village;
or
B. Any gathering of more than twenty-five (25) persons.
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4. Permit Required
No person, firm, corporation (public or private) or company may sponsor,
conduct, operate or allow or permit the use of his property or premises,
whether improved or not and whether contiguous or not, for the conduct of
a public assemblage unless a permit authorizing said assemblage has been
obtained from the Village Council, except as hereinafter provided. The permit
fee shall be in an amount as set forth from time to time by resolution of
the Village Council and shall be on file in the municipality offices.
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5. Application for Permit
A. A preliminary application for such permit shall be in writing, addressed
to the Village General Manager and filed with the Village Clerk at least
twenty (20) days prior to the date upon which such public assemblage
shall occur. The Village Council shall act upon the application within
ten (10) days after its submission.
B. Application shall be made by the lesee of record of real estate
situate in the Village upon which said proposed public assemblage is
to take place or duly authorized agent or attorney of the lessee. Persons
seeking to use Village or Tribal lands for a public assemblage shall
obtain a permit, license or lease.
C. Such application shall include the following information:
1. A statement of the name, age and residence address of the applicant.
2. If the applicant is a corporation, the name of the corporation
and the names and addresses of its directors.
3. The name and address of an agent who shall be a natural person
and who shall reside in or have a place of business in the County
of Snohomish, WA and who shall be authorized to and shall agree by
acknowledged statement to accept notices or summons issued with respect
to the application or the conduct of the public assemblage in any
manner involving it or arising out of the application, construction
or application of this Ordinance.
4. A statement containing the name, address and record owner(s) of
the property(ies) where the public assemblage shall occur and the
nature and interest of the applicant therein.
5. The proposed dates and hours of such public assemblage.
6. The expected minimum number of persons intended to use the property(ies)
at one (1) time and collectively.
7. The number of automobiles, motorcycles and other vehicles intended
to use the property(ies) at one (1) time and collectively.
8. A general explanation of the activity to be carried on and the
admission fee to be charged, if any.
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6. Grant or Denial of Permit; Hearing
A. If the Village General Manager is satisfied from the information
supplied with the preliminary application that the potential effect
of the proposed public assemblage will have minimal affect upon the
public health, safety and welfare of the people and property of the
Quil Ceda Village, a permit may be granted for such public assemblage.
B. If the Village General Managerl is not satisfied that the effect
of the proposed public assemblage will be minimal as in Subsection A
above, a detailed application for permit as is set forth in §§
7 and 8 shall be required, and, after the submission and review thereof
to the Village Council, a public hearing shall be held upon said application.
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7. Additional Permit Requirements
Requirements for non-minimal permit applications may include the following:
A. A map prepared by a licensed land surveyor or licensed public engineer
showing the size of the property(ies); the Village district in which it
is located; the names and record lessees of the adjoining properties;
the street or highways abutting said property(ies); and the size and location
of any existing building and buildings or structures to be erected for
the purpose of the public assemblage and use.
B. A plan or drawing to scale prepared by a licensed public engineer
or licensed land surveyor showing the method and manner in which sanitary
facilities are to be provided for the disposal of human waste, garbage
and other debris and the method and manner in which water will be supplied,
stored and distributed to those people attending.
C. A plan drawn to scale showing the layout of any parking area for motor
vehicles, including the means of ingress and egress to such parking area.
D. A statement containing the type, number and location of any radio device,
sound amplifier or loudspeaker or sound truck or other similar sound equipment
or device to be used in connection with such public assemblage and the
manner and purpose of its proposed use.
E. A statement specifying whether food or beverages are intended to be
prepared, served or distributed; if food or beverages are intended to
be prepared, sold or distributed, a statement specifying the method of
preparation and distribution of such food or beverages and the method
of disposing of garbage, trash, rubbish or any other refuse arising therefrom.
If food or beverages are to be prepared, sold or distributed, a plan or
drawing to scale must be attached to the application showing the buildings
or other structure from which the food or beverages shall be prepared,
sold or distributed.
F. A statement specifying whether any private security guard or police
will be engaged and, if so, the numbers of and duties to be performed
by such persons, including the hours to be worked and areas of responsibility.
G. A statement specifying the precautions to be utilized for fire protection,
including a plan or drawing to scale specifying the location of fire lanes
and water supply for fire control.
H. A statement specifying whether any outdoor lights or signs are to
be utilized and, if so, a map showing the number, location, size, type
and illuminating power of such lights and signs.
I. A statement specifying the facilities to be available for emergency
treatment of any person who may require medical or nursing attention.
J. A statement specifying whether any camping or housing facilities are
planned to be available and, if so, a plan drawn to scale showing the
intended number and location of the same. (The Village shall not favor
housing facilities within the Village).
K. A statement specifying the contemplated duration of the public assemblage.
L. If the assemblage and use is to continue from one day into another,
a statement specifying the camping and housing facilities available or
to be made available off the premises and, if such facilities available
off the premises are insufficient for camping and housing the contemplated
number of people in attendance, such facilities available off the premises
or to be made available to persons attending such public assemblage.
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8. Requirements for Issuance of Non-Minimal Permit
No permit requiring a public hearing shall be acted upon and issued unless
it is clearly shown that the following are provided for:
A. Drinking water adequate in quantity and quality satisfactory to
the Village General Manager as meeting the Washington State Sanitary
Code. Drinking water shall be readily available to all persons attending
the public assemblage. A well or spring used as a source of drinking
water and the structure used for storage of drinking water shall be
so constructed and located as to protect the contents against pollution.
There shall be no physical connection between a pipe carrying drinking
water and a pipe carrying water not of a quality satisfactory to meet
the Washington State Sanitary Code for public consumption. Where a water
treatment process is employed, an accurate and complete report of the
process and operation thereof shall be maintained daily, and no change
of the source of or in the method of treatment of a drinking water supply
shall be made without first notifying the Village General Manager and
securing its written approval to do so.
B. Toilet facilities adequate for the capacity of the public assemblage.
These facilities shall be so located as to be conveniently available
and shall be so constructed and maintained that they will satisfy the
Village General Manager and comply with the Washington State Sanitary
Code. Toilet facilities for groups of people consisting of both sexes
shall be arranged so that the facilities shall be separate to each sex.
No sanitary facility shall be located or constructed so that it will
by leakage or seepage possibly pollute a water supply, surface water
or adjacent ground surface, and all shall be constructed in accordance
with the requirements of the Washington State Department of Health.
C. Adequate facilities for the satisfactory disposal or treatment and
disposal of sewage shall be maintained. Such facilities shall meet with
the standards and requirements of the State of Washington Department
of Health.
D. Adequate supply of food including provisions for sanitary storage,
handling and protection of food and beverages until served or used.
A showing must be made that, where food is to be prepared or consumed,
there are facilities for washing, disinfecting and storing dishes and
food utensils or that a sufficient quantity of disposable dishes, cups
and utensils will be provided.
E. Adequate off-street and off-road facilities for the contemplated
number of people attending the public assemblage. Parking space shall
be provided for at least one (1) car for every four (4) persons in attendance.
F. Adequate camping or housing facilities for the contemplated number
of people in attendance, if it is contemplated that the assemblage shall
extend from one day to another.
G. An adequate number of access roads to and from the site of public
assemblage.
H. Adequate medical facilities, including a first aid station. It must
be shown that at least one (1) doctor shall be on duty at all times
and that at least one (1) registered nurse for each five hundred (500)
people in attendance will be on duty at all times.
I. If any external fires are to be started or maintained for any purpose
and for which a permit is required, such permit shall be obtained from
the Village of Quil Ceda Fire District.
J. The applicant shall furnish the municipality with a comprehensive
liability insurance policy, issued by an insurance company licensed
to do business within the State of Washington, insuring the Village,
its officers and employees against liability for damage to person or
property within limits of not less than five hundred thousand dollars
($500,000.) for bodily injury or death of one (1) person and one million
dollars ($1,000,000.) for bodily injury or death of more than one (1)
person arising out of negligence or any tort liability for which the
municipality, its officers and employees might be liable and limits
of not less than five hundred thousand dollars ($500,000.) for property
damage, or as determined by the Village Council and approved by the
Village Attorney, arising out of negligence or any other tort liability
for which the municipality, its officers and employees might be liable
which might arise by reason of the granting of the permit or the existence
of such assembly of persons, which said policy of insurance shall contain
a provision that it shall not be cancelable without ten (10) days' prior
written notice to the municipality.
K. The applicant shall deposit with the Village Clerk cash or good
surety company bond, approved by the Village Council, in the minimum
sum established by the Village General Manager and conditioned that
no damage will be done to any public or private property and that the
applicant will not permit any litter, debris or other refuse to remain
upon any public or private property after seventy-two (72) hours after
the termination date of the permit, which cash shall be refunded or
surety company bond canceled upon certification by the Village General
Manager that all conditions of this Ordinance have been complied with.
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9. Additional Provisions Applicable to All Permits
A. Any person holding a permit under this Ordinance and every place
of public assemblage shall comply with the following provisions. Violation
of any of these provisions shall be unlawful.
B. No light on any part of premises licensed hereunder or on any place
of public assemblage shall be permitted to shine beyond the property
line of the premises with an intensity sufficient to disturb the peace,
health, safety or comfort of any adjacent residents or the general public.
C. No soot, cinders, smoke, fumes, gases or disagreeable or unusual
odors shall be permitted to emanate from the premises so as to be detrimental
to any person or to the public or which either annoys, disturbs, injures,
endangers or which may disturb, injure or endanger the health, safety
and welfare of any person or the public.
D. At no time shall music be played by mechanical device or live performance
which annoys, disturbs, injures, endangers or which might annoy, disturb
or endanger any person or the public in their health, comfort, safety,
repose and peace; or which shall violate the Noise Ordinances or regulations
of the Tulalip Tribes.
E. No loud, unnecessary or unusual noise shall be permitted to be made
or caused to be made or continued at any time which either annoys, disturbs,
injures or endangers the comfort, repose, health, peace and safety of
other persons or the public; or which shall violate the Noise Ordinances
of the Tulalip Tribes.
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10. Notice of Denial
If Quil Ceda Village shall deny an application for a permit under this Ordinance,
the Clerk of Quil Ceda Village shall notify said applicant of the disapproval
of said application and shall include therewith a statement for the reasons
for disapproval. The notice of denial shall be sent by first-class mail.
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11. Permits Not Transferable
No permit issued under the provisions of this Ordinance shall be transferred
or assigned to any person or used by any person other than the person to
whom it was issued, nor shall such permit be used on any location other
than the location stated in such permit. |
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12. Revocation of Permit
If, after the permit is issued, the Village Council determines that any
of the items set forth in 8 or 9 of this Ordinance is not adhered to and
accomplished within a reasonable time prior to the date or dates of such
public assemblage or if the Village Council determines that any of the provisions
of any section of this Ordinance has been or is being violated, then such
permit shall become null and void. |
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13. Penalties for Offenses
A. Any person who shall violate any provision of this Ordinance shall
be guilty of an offense punishable by fine not exceeding two thousand
dollars ($2000). Each day's continued violation shall constitute a separate
offense.
B. In addition to the above provided penalties, the Village Council
may also maintain any action or proceeding in the name of the municipality
in a court of competent jurisdiction to compel compliance with or to
restrain by injunction the violation of this Ordinance.
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| ADOPTED by the Quil Ceda Village
Council at a regular meeting assembled on the 5th of November, 2002, with
a quorum present by a vote of 3 for and 0 against. |
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THE CONSOLIDATED BOROUGH OF QUIL CEDA VILLAGE
Stanley G. Jones, Sr., Village President |
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ATTEST:
Marie Zackuse, Village Clerk |
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