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HomeMy WebLinkAboutSpecial Event - The PatchKittitas County, Washington BOARD op COUNTY COMMISSIONERS District One Cory Wright District Two Laura Osiadacz District Three Brett Wachsmith September 20,2022 Hilary Jensen 6181 Wilson Creek Road Ellensburg, WA 98926 Re: Event Application * Fall Festival at the Patch at Jensen Farms. Dear Ms. Jensen, The Kittitas County Board of Commissioners approved your event application to hold the Fall Festival at the Patch at Jensen Farms from September 24,2022 - October 30,2022. This official action was taken during their September 20, 2022, Agenda Session. They approved your event contingent upon you complying with the requirements set forth in the enclosed memos from Public Works, Fire Marshal, Treasurer, Public Health. Treasurer: Recommends approval for the 2022Event. The 2022Event will be subject to admissions tax and will require filling out an online return. Note that if there are vaiious prices of tickets please list them individually on your return. Fire Marshal: The Kittitas County Fire Marshal's office shall require mounted, non-obstructed fire extinguishers at the axe throwing station and the BBQ shack. The extinguishers shall be the A-B-C Type and 5lb size or larger. If there are any cooking operations on the property that utilize a deep fat fryer or similar cooking equipment, then an extinguisher in that location shall be located not more than 10' from the cooking operation and be of the Class K Type and have a minimum capacity of 1.5 Gallons. All fire extinguishers shall be mounted between 3'-5' from the floor/ground. The Fire Marshal's Office shall also require that the parking area (if grass) be mowed to lower than 6". The Fire Marshal's Office shall also require clearly marked entrances/exits for vehicles and pedestrians, where applicable. Lastly, the Fire Marshal's Office will perform a Fire and Life Safety Inspection 24-48 hours prior to the event to ensure all requirements are met and the applicant has time to remedy any issues previous to the first day of the event. The operator will only be required to maintain the stipulations in the obtained Special Event Permit each week thereafter. Public Works: The applicant is required to ensure that no unmitigated adverse impacts to the traveling public along Wilson Creek Road will occur from the proposal. Public Works also has requested that the applicant post "Event Ahead" signs along Wilson Creek Road. KITTITAS COUNTY COURTHOUSE . 205 WEST 5th, SUITE IO8 ELLENSBURG, wA98926 (509) 962-7s08 FAX (s09) 962-7679 www.co.kittitas.wa. us EH/Public Health: Food Permit will be obtained no later than14 days prior to the event. Bathroom Facilities will be provided with a minimum required of 3 porfable toilets for up to 500 patrons at 9ny one time and hand washing stations. Trash to be collected and taken to the dump every week. The- Board of County Commissioners also granted your request for a waiver to Kittitas County Code Chapters 5.20.100 (Penal Bond-Bond of Indemnity).- I have enclosed a copy of Kittitas County Chapter 5.20.110 (Posting), a copy of this place where your event is being held. Code Chapter 5.20 (Event Permits). According to information needs to be kept posted in a conspicuous If you have any questions, please feel free to contact our office at your convenience. Thank you. Sincerely, Office Enclosure-as noted cc: Public Works Fire Marshal Auditor/Treasurer Public Health /Solid Waste Prosecutor S h eri fflKITTC O IWCode E nforcement KITTITAS COUNTY COURTHOUSE . 205 WEST 5'h, SUITE IO8 ELLENSBURG, WA 98926 (509) 962-7s08 FAX (s09) 962-7679 www.co.kittitas.wa.us 6 Mandy Buchholz Sent: To"" Cc: Subject: From:no-reply@co.kittitas.wa.us Monday, August 15,202210:36 AM Mandy Buchholz Christopher Horner; Angela Bugni Prosecutor Service Request | 54540 | Ins Review - The Patch Mandy Buchholz, We have made an update to your service request. A copy is displayed below. As we continue to work on your request you will receive additional notifications. Please review the issue fields as they rnay contain a request for something necessary to continue working on the request. Note: This email was sent from an unmonitored account. Please do not reply to this email. To respond, please update your service request on CAMAS using the link below. fteqi.jes't 'Fi&'"&#{a# - i,"rs Re'yi{*w -- Ti':* Patci: lnitia! request: Hi Mr. Horner! Our office received the altached Special Event Application & Application fee from Hilary Jensen to host the Fall Festival at The Patch , to be held from September 24,2022 thru October 30,2022. I will be placing this request on the September 20, 2022 Commissioner Agenda for the Board's consideration. Please submit your departments recommendation to me no laterthan September 12,2A22 by noon. lf there are still outstanding issues, please indicate those in writing as well. For specific questions regarding the event I would ask that you contact the applicant directly. Again, thank you for your time I know your incredibly busy. Have a great weekend! !-atest update: I reviewed the additional document with Chris and we discussed the language. I also received a response from the insurance company stating that Kittitas County is covered. I have forwarded to the LAs to upload the policy and the email from the insurance company. This special event application is approved as the insurance requirements have been met. Angela Bugni 8/15/2022 10:36:05 AM Status: Open Assigned to: Angela Bugni Priority: Soon Due date: 911212022 5:00:00 PM Update or cancel vour request This is an automated email. Please do not reply 1 :l: Kittitas Gounty Solid Waste Programs 925 lndustrialWay, Ellensburg, WA 98926 Telephone: (509) 962-7 542 September !3,2022 Kittitas County Board of Commissioners 205 W 5thAve Suite 103 Ellensburg, WA 98926 Subject: Special Event Application Dear Board of County Commissioners, Kittitas County Solid Waste has reviewed the Special Event application for the event: The patch The event staff has a recycling and garbage plan that meets our satisfaction. Please contact me at 15091962-7577 if you have any questions. Thank you, Cody Cupp Kittitas County Solid Waste HHW Supervisor Office - (509) 962-7s77 Mobile - (509) 306-s008 I(I ryTITZLSI C(OI'NIITY DEPARTMENT OF PUBLIC WORKS TO: DATE: FROM: Kittitas County Board of County Cornrnissioners August 24,2022 Candie Leader Fall Festival at The Patch at Jensen FarmsRE After review oithe speciai event appiication submitted by Hilary Jensen to host the Faii Festival at The Patch at Jensen Farms beginning September 24,2022 through October 30,2022, staff has found that the applicant has identified that this event will not obstruct, interfere, or require the closure and free use of public roads and rights of way. The application indicates that all event parking and traffic impacts can be maintained on private property. The event location is accessed from Wilson Creek Road, which is a County Road. The appiicant is required to ensure that not unmitigated adverse impacts to the traveling public along Wilson Creek Road will occur from this proposal. Kittitas County Public Works requires that the applicant post "Event Ahead" signs along Wilson Creek Road. Kittitas County Public Works recommends approval of this event based on the information and proposal submitted. Feel free to contact Kittitas County Public Works with any additional questions at 509-962-7 523. 411 N. Ruby, Suite #1 Ellensburg, WA 98926 TEL FAX (509) 962-7523 (509) 962-7663 ,ri (, i t; ,r'\. Pu 'Fr*=.. blic Health ,-l{" i; !\ :i 4 r : f:: .\ . To Protect and Promote the Heatth and the Environment of the peopte of Kltfitas county Memo Kittitas County Board of County Commissioners Kittitas County Public Health Department, Dan Suggs, Environmental Health Specialist August L5,2022 Fall Festival at The Patch at Jensen Farms To: From Date: RE: lf the information stated in the application by HilaryJensen istrue, accurate, andthere is stewardship in followingthrough with such statementsthen the applicant, HilaryJensen, has at this time met allthe requirements of the Kittitas County Public Health Department including: r Food permit: submitted no later than 14 days prior to event o Three bathroom facilities will be provided with handwashing station e Trash will be coilected and taken to the dump every week. Please feel free to contact me if you have any questions or concerns. Sincerely, Dan Suggs, Environrnental Health Specialist CC: Kittitas County Board of Commissioners; Jesse Cox Environmental Health Supervisor; Mandy Buchholz, Kittitas county Board of commissioners Deputy clerk 5o7 N. Nanum Street, 5t. roz . Ellensburg, WA 98926 T: 5o9.962.7515 F: 5o9.952.758r www. co. kittitas.wa.us/health/ Man Buchholz From: Sent: To: Cc: Subject: I will be placing this request on the Septem submit your departments recommendation outstanding issues, please indicate those in vou contoct the opplicont directlv. Ben Kokjer Friday, August 5,2022 9:28 AM Mandy Buchholz Clay Myers; Darren Higashiyama; Christopher Whitsett RE: The Patch @ Jensen Farms Special Event Application - For Review Hi Mandy, The Sheriffs office has no special requests regarding this event. Chief Dcputy Ben Kokjer Kittitas County Sheriffs Officc 5e pwtect all, penp{.e, &zep tLc, pwrz, &nd, upftald.tfre Qruwtiamon af, Mtehilpd Statp,r. 5 ntegitg, 0 ua t, €.omrutnih7 Frorn: Mandy Buchholz <Ma ndy. Buchholz@co.kittitas.wa.us> Sent: Friday, August 5,2022 7:55 AM To: Mark Cook <mark.cook@co.kittitas.wa.us>; Candie Leader <candie.leader@co.kittitas.wa.us>; chuck Reed<chuck.reed@co.kittitas.wa.us>; Ryan Berge <ryan.berge@co.kittitas.wa.us>; patti Stacey <patti.stacey@co.kittitas.wa.us>; Cody Cupp <cody.cupp@co.kittitas.wa.us>; Jeremy Larson<jeremy.larson@co.kittitas.wa.us>; Dan Carlson <dan.carlson@co.kittitas.wa.us>; Jesse Cox<jesse.cox@co.kittitas.wa.us>; Dan Suggs <dan.suggs@co.kittitas.wa.us>; Chelsey Loeffers <chelsey.loeffers@co.kittitas.wa.us>; Ben Kokjer <ben.kokjer@co.kittitas.wa.us>; Jennifer Golladay<jennifer.golladay@co.klttitas.wa.us>; Amy cziske <amy.cziske@co.kittitas.wa.us>; christopher Horner<christopher.horner@co-kittitas.wa.us>; Darren Higashiyama <darren.higashiyama@co.kittitas.wa.us>; savanna Myra<savanna.myra @co.kittitas.wa. us> Subject: The Patch @ Jensen Farms Special Event Application - For Review Good Morning! our office received the attached Special Event Application & Application fee from Hilary Jensen to host the Fall Festivalat The Patch , to be held from septem ber 24,2022 thru october 30, 2022. ber 20,2022 commissioner Agenda for the Board's consideration. please to me no later than september 12, 2022 bv noon. lf there are still writing as well. For ouestions a the event I osk that Treasurer Staff Please provide me the status of Admissions Tax for past events and if any late fees are outstanding. Again, thank you all for your time I know your all incredibly busy. Have a great week! 1 iMandy Buchi'lolz, eMe Ad rn inistrative Su pervisor I Kittitas Cou nty Cornm issione rs Office 205 West Fifth Ave Suite #108 Ellensburg, WA 98926 509-962-7508 (Officel 509-962-7679 {Fax} http ://www.co. kittitas.wa. us/ "Sometimes you will never know the value of something, until it becomes a memory." - Dr. Seuss yctr isceived this in errci. oiease coniac'( ihe sendei- imrieciiateiy ancl deiete ihe maieriai irom all devices. message ic: 38eb459'i6c6dcbdac24cb87 i gd004a'i 4 2 Kittitas Cowrty Off?ce of the County Treasuren Amy Cziske, Treasuren August 5,2A22 Board of County Commissioners 205 West 5th Ave Suite 108 Ellensburg, WA98926 RE: Admissions Tax- The Fatch at Jensen Fanns Boarci Members The Board of, County Commissioners received a special event application submitted by Hillary Jensen on&15/2A22. The Treasurer's office is happy to report that we have received registration and payment for last year's event. We recommend the 2022 event be approved. The 2022 event will be subject to admissions tax and will require filling out an online return. If there are various prices of tickets please list them individually on your return. Ifthere are any questions, please contact the Treasurer's office. Sincerely, Myra Fiscal Techmician III I Kittitas Counfy Tnensuner's Office Admissions Tax infonnation is available oniine at: https ://www. co.kittitas. wa.us/admissions/default. aspx 205 West Fifth { Courthouse Room #102 Ellensburg, Washington 98926 Phone (509) 962-7535 I Facsimiie (509)933-8212 KITTITAS COUNTY F!RE MARSHA!-'S CFFICE 411 N. Ruby St., Suite 2, Eilensburg, WA 98926 Fire Marshal (509) 962-7000 Deputy Fire Marshar(509) 962-76s7 W September 8,2022 To: Kittitas County Board of Commissioners Re: Special Event - The patch at Jensen Farms Kittitas County Board of Commissioners, After receipt and review of the Special Event Application noted above, I approve the event. The Kittitas county Fire Marshal's office shall require mounted, non-obstructed fire extinguishers at the axe throwingstation and the BBQ shack. The extinguishers shall be the A-B-c rype and 5lb size or larger. lf there are any cookingoperations on the property that utilize a deep fat fryer or similar cooking equipment, then an extinguishei in thatlocation shall be located not more than 10'from the cooking operation and be of the class KType and have a minimumcapacity of L.5 Gallons. All fire extinguishers shall be mounted between 3'-5'from the floor/ground. The Fire Marshal's office shall also require that the parking area (if grass) be mowed to lower than 6,,. The Fire Marshal's office shall also require clearly marked entrances/exits forvehicles and pedestrians, whereapplicable. Lastly, the Fire Marshal's office will perform a Fire and Life safety lnspection 24-48 hours prior to the event to ensure allrequirements are met and the applicant has time to remedy any issues previous to the first day of the event. Theoperator will only be required to maintain the stipulations in the obtained Special Event permit each week thereafter. All requirements herein are consistent with chapter 3l- and section g06 of the 201g lnternational Fire code. Thank you for your time. Deputy Fire Marshal, Joseph A Dietzel t BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON ORDINANCE NO AN ORDINANCE AMENDING KIfiITAS COUNTY CODE CHAPTER 5.20- EVENT PERMITS Whereas:Chapter 5.20 of the Kittitas County Code sets forth the process for how written applications for event permits will be approved or denied by the Board of County Commissioners; and Sections 5.20.020 and 5.20.030 of the Kittitas County Code currently require the Clerk of the Board of County Commissioners to submit copies of the written application for event permits to the County Auditor for input "regarding filings or registrations for the payment of any county taxes related to the application"; and Whereas: Whereas:It is not necessary for the County Auditor, to give input "regarding filings or registrations for the payment of any county taxes related to the application" for event permits;and Whereas:Section 5.20.160 of the Kittitas County Code currently prohibits any public events from opening before 10:00 a.m.; and Whereas: There has been significant public interest in opening public events at 7:00 a.m.; NOW, THEREFORE, BE lT ORDAINED, Kittitas County Code Section 5.20.020 shall be amended to remove reference to the County Auditor and shall read, in pertinent part, (additions to this text are shown by un-dgrline and deletions by s+i&ee+rg the rest of Section 5.20.020 shall remain in full force and effect) as follows: 5.20.020 Permit application - Approval- Denial. Upon receipt of the application, the clerk for the Board of County Commissioners shall submit copies of the application to the following officers, agencies or elected officers of Kittitas County or other governmental or regulatory agencies for their input on the following: 1 The County Health Officer regarding the plan for sanitary facilities, food and drink services and facilities; and The County Fire Marshal regarding fire protection and safety; and2 3. The county sheriff regarding traffic control, parking, security, noise and any other health and safety problems; and 4' The county Prosecuting Attorney regarding liability insurance; and tien; and 65. The county Public works Department regarding potential impacts on roads; and +9. The County Solid Waste Programs Department regarding solid waste disposal. BE lT ALSO ORDAINED, Kittitas County Code Section 5.20.030 shall be amended to remove reference to the County Auditor and shall read {deletions to this text are shown by strikeeu+) as follows: 5.20.030 Application form. Event Application Form: The Clerk of the Board of County Commissioners is hereby charged with creation of a standard "Event Application Form." The Clerk should consult with the county Health Officer, Fire Marshal, Sheriff, Prosecutor,-Ar+diteb public Works Director and the Solid Waste Director to ensure that the Event Application Form solicits the information necessary for them to make a recommendation on the issues enumerated in KCC 5.20.020. BE lT AI-SO ORDAINED, Kittitas County Code Section 5.20.160 shall be amended to allow public events to open at 7:00 a.m. and shall read (additions to this text are shown by Underline and deletions by s*ikee+*) as follows: 5.20.160 Closing hours. All events shall not be open to the public before the hour of 40+0S!QQa.m., and shall remain open to the public until such time as approved by the board of county commissioners in the application process. BE lT ALSO ORDAINED, the lnformation Technology Department is charged with incorporating and updating the amendment authorized herein on the Kittitas county web page. BE lT FURTHER ORDAINED, the Prosecuting Attorney's Office is charged with correcting any scrivener's errors arising out of the amendment process. No further authorization will be needed from the Kittitas Board of County Commissioners for the Prosecuting Attorney's Office to effect correction of scrivener's errors relating to this Ordinance. ADoPTED tnis l#fuaav of lUtW-t ,20 L4, at Ellensburg, Washington illl l,r J BOARD OF COUNTY COMMISSTONERS NTY, WASHTNGTON Paul Chairman Gary Vice-Chairman Obie O'Brien, Commissioner t-) of rd 1 2 3 4 5 6 -l n o 1C 11 72 1J 14 15 76 7'1 13 19 2il 2I 22 1) 24 25 BOAXTD OF COUNTV COMMTSSTONERS COUNTY OF KITTITAS STATE OF' WAS}TINGTON q$>lNanrcn ryo ,f##4- A;;\ ORDTNANCE CREATING PROCESSES FOR THE OBTAINI}dG OF A}J EVENT PERM]T AND FOR THE I'IOD]FY]NG OR. REVOKING OF A CONDITIONAL USE PERMIT. \,VHEIi-EAS, the lrealth and safbty of the people of Kittitns Cclunty is o1'gleat concerft fo the tsoard of Kittitas County Clomnrissionels. ancl WHEREAS, the Board clesirc to promote the ordelly and larvful conduct oi persons holding events, and NOW, TI{EREFORE. BE IT ORDER"ED, tbat Chapter'5.20 olf Kittitas Countv Code is nrodified to rcacl as foilor,vs; l r.1 .:1_l i:\,r,r:.it"i fi fl ltirii i-li Sections j, ;i!j":jj,j.j..Legislatirre lntent ,..lii,iilii Basic ctause ;:,;ii.Li: ;: Exceptions .i,;;ij,.!ii:; Permit application - Approval - Deniat. :::..:i i.,.:; ;i.i:, Ap pli cat i on Fo rm . :;..i:,t,:j:1ii Repea ted. !,';.;, :,1":, Repeated. ,i..;;j,.t,t:i1j Repealed, ] . ?|r,:;i,i: RePea led, li,, rltl, il,.1il Repeated, ;i...j:i jjiilj lnspection - Enforcement. -ijii;.:"i:ilt Permit required - Fee - Regulations. i,;:f. i.1.ili Penal bond - Bond of indemnity. .ii i,il. :i::.i*: Posting. i;..,i.ii _t.;:i.i Appticant Age. :j.;t,-i_l[ Statement of right to revoke on pernrit. li,-;,ii,.iai: Grounds for revocation. l; ;:jl:::jij Revocation not exclusive penatty. Gregory L. Zernpel Kit.tiEas counc.y Prosecut!.ng &ttolrley Kitli[as (:ol.ln!.y Court.house - Roon 2t3 E11an$bllrg, I^lA 9A926 (5oe) 962-182o 1 1 ) 3 4 5 6 1 o 9 10 11 r2 1l l4 15 16 r.B I9 20 2! ), n) z4 ai i,.ji..',j, j!ii.i Closing hours. ,;. iij,.: .:ii lntoxiiat i n g tiqr-ror prolribited. i,:lv:,.*i'''i Preserving order " Operator's duty. .:,i,;li.:.:1.'i:ii Building construction. ;l,tlii,,i,iii Distance from habitation. .t,.i!i",.i.j :j Permit postin g . Nontransf erabi ti ty ;,:,, ;i,l,,i.ii] Permit a pptication. :,, :tt :,i::,iii Vio{ation . Penatty. ;."*:,].i:it Com p I ia nce. j..;ji..l :iil Enforcement, rl.,iil,ii -f::"1 Reservati olr ii.i,l.i.l i;: Severabitity and Savirrg. i:. i':ii. ili* I' Legislative lntent. The Board of County Commissioners dectares it to be the pubtic interest, and for tlre protection of the health, wetfare and property of the residents of the county of Kittitas to provide for the orderty and lawfLll conduct of any assemb{y of persons for the primary purpose of entertainmetlt, amusement, or sporting events or shows to be lretd within Kittitas County by assurirrg that the proper sanitary, heatth, fire, safety and potice measures are provided and mair-rtained. l;-:iii.,ai! t"i Basic clause. It is unlawful for arry person, corporation, orgarrization, tandowner, or lessor to attow, er']coutage, orgarrize, promote, conduct, permit or cause to beadvertised an entertainrnent, amusetllent, spofting event, or show or assembly of persons wltere'in tlre primary pilrpose witt be eritertainmer"lt, arnusement sportjng event, or show unless a vatid county permit has been obtained for the operation of said public amusement, entertainment or assembty. One such permit shatt be required for each pubtic entertainmet)t or other amusement events. Crinrinal or civi[ tiabitity for failure to compty wjth the provisions of this chapter shat[ rest in all persons, corporations, organizations, lanclowners or tessors who are responsibte for obtaining permits under this sectjon. l:. ?{i i.i'J 1,! Exceptions. The requirement of KCC 5.20.010 to obtain a permit shaLt not appty to: {1) De Minimus Exception Persons, corporations, organizations, landowners or lessors betieving that an event fatting under KCC 5,20,010 wilt attract less than 300 person and witl conrply with att other county ordinances ancllaws of the State of Washington, assuming that such betief is reasonabte. (2) Conditional Use Permit fxception Events that occur on a parce[ or parcels with a valid Conditional Use Permit that specificatly contemplates and authorizes gatherings of more than 300 persons. {3}The Kittitas County Fair, events conducted on the Kittitas County Fairgrounds, or Events conducted by l(rttitas County or its subdivisions. {4} Events hetd in connection with and upon the same lot as a buitding that has been permitted, including a passing finat inspection, for occupancy of at [east as many individuats as are reasonabty Gregory L, Zerepel Kittilas{ Co1-n'rl.y ProsecutiEg AtLorney Ki-1.i:it-as Coi"inty CourLhouse - R*{,u ?J.3 ElLensburg, l^lA 95926 i5ae) 962-152A z 1 ') 3 4 5 6 '] I 9 10 11 t2 13 I4 15 a6 "l 1 18 10 2'i ^t) ^tA anticipated at the event, inclusive of any persons tlrat witt be at the buitding or on the lot even if not itr connectiott with the event. Provided that such buitding has recieved a passing fire and tife safety inspection fronr the Kittitas colnrty Fire Marsha{t's office within the last year. Note: The exceptions in this section only waive the requirement of olitairring a permit founcl in KCC 5'20.015. not the requirement for a pLrbtic assembly/special event permit frbm'the Fire MarshaL, or any other requirement of this Chapter or State or tocal taw, i::.;:tr,ii:::+ Perrnit application . Approval- Denial. Written appticatiori for event perrttits shatt be made to the Board of County Commissioners and the appl'ication rnust be submitted 60 or more days prior to the day upori which such event is io be or may be hetd. Wherr availabte, the apptication shor"rtd inctude a completecl Everrt Application Form. Approvat or denial of permits as provided for in this chapter shatt be made within 45 days after application. The board of coutlty commissioners may waive or shorten any deacltines set out in ifris chapier upon the request of the appticant. Denial of the permit or waiver or sholtening of deadlines by the Board of County Cotnmissioners slratt be in writing with reasons for the same siated therein. Any denia{ of thepermit shaltbe subject to appeatto the superior court by action filed withirr 10 days of the deniat. When any type of physicat facitity is requirecl or subject to approva[ hereuncler, preliminary approvat may be granted based r:pon specific plans proposed arrd submitted by the applicant. ltt sLrih iacitities shatt be in existence five or more days before event for which an apptication is subnritted shatt begin and sha{l be subject to inspection by the approving agerrcies or clepartnrents at thejr convenience. The inspectiotts shatl be made and approval or disapprovat granted on or before tlre fifth day prececling the event. Failure to act by the County within said perrod constitutes a waiver of tlre before mentioned inspection by the County. Shoutd the actuat facitity or construction fail to meet the starrdards approved in the proposed plans, such pretirninary approval shalt be withdrawn and any ancl a{l permits granted subject to such approval shatt be withdrawn. No irrspection fee or approvat iee shaLt be charged other than the general permjt fee requirecl hereuncler. Every apptication made under this chapter shall be accompanied by plans for sanitary facitities, food and drink services and facilities, sotid waste disposat, fire safety and protection, traific controi, parking, security, Liabitity insurance and a statement of the anticipated impact, inctuding noise, of thepublic entertainment, amusement or assembty on the citizens and pubtic agencies of Kittitas County. Upon receipt of the apptication, the clerk for the Board of County Commjssioriers shatt subnrit cop'ies of tlie application to the foltowing officers, agencic.s or etected officers of Kittitas County or other govenrn')ental or regulatory agencies for their input on the fotlovring : 1' The County Health Officer regardirrg the ptan for sanitary facil.ities, foocl and drink services and faci[ities; and Z. The County Firo Marshai regarding fire protection and safety; ancl 3, The County Sheriff regardirig traffic controt, parking, securiiy, noise and any other heatth arrd safety probtems; and 4. The County Prosecuting Attorney regarding tiabitity insurance; and 5. The County Auditor regarcling fitings or registratiotls fol tlie payment of any county taxes retated to the apptication; and 6. The county Pubtic works Department regarding potential irnpacts on roacls; and -J-Qreqory L. ZernpeL Kittitas CcutlLy Fros€.juLlllg Act6rIl€y Kitt.if-as Co'JnLy ?otrthouee - Roou 2tJ Ellensbui.'9, WA. !9926(5ca) 962-7520 1 4 E b B 9 10 11 I2 13 1tr 16 17 18 19 2D 21 22 1A 2r: 7. The County Sotid Waste Programs Department regarding solid waste disposal The application must provide written approval of any other federal, state or locat agency if the applicatlon involves 3p sv€rlt1 activity or instrulnentality regutated by such agency, lf any of the above county officers, agencies or etected officiats of Kittitas County do not approve of the portions of the applicant's ptans submitted to them; they shatl set fortlr in writing the detaits supporting their' disapprovat. li.;i1; il3i.], Application Form. [vent Apptication Form: The Cterk of tlre Board of County Cornmissioners is hereby charged with creation of a standard "Event Application Folnr." Tlre Cterk shoutd consutt with the county Heatth Officer, Fire Marsha[, Sherriff, Prosecutor, Auditor, Pubtic Slorks Director and the Solid Waste Director to ensure that the Event Apptication Form solicits the information necessary for tlrem to make a lecommendation on the issues enunterated in KCC 5.20.020. ii. ;i i.r, i":;i il Sanitary f acilities. Repealed by Ord, 92-17. Qrd.69-11 S 5, Vot. O, pp.129,130, i969), :i. i.:i.i,ili)+ Fire facilities. Repealed by Ord, 92-17. (Ord.69-11 S 6, Vo[. O, p. 130, 1969] i,lli.l-ijtiil Tl-affic control - Crowd protection. Repealed by Ord. 92-17. (Ord.69.11 S 7, Vot. O, p. 130, 1969). iri.,!"*.i:, i' ii Parking facilities, Repealed by Ord. 92-17 . \Ord. 69-11 S 8, Vot. O, p. 130, 1969) 5, l;ii.illiil lnspection - Enforcement. No permit shatt be granted hereunder untess the applicant shatl in writing upon the application for such a permit consent to altow the law enforcement, public health, fire controt, and other officers of the County to corne upon the premises for which the permit has been granted for the purpose of inspection and enforcement of the terms and conditions under wlrich the permit is granted. (Ord. 99-06, 1999; Ord- i717,1992', Ord.69-11 E 9, Voi. 0, p. 130, 1969). il".1i.'.i?iiij Permit required - Fee - Regulations. No pt-tbtic assembty of persons for the primary purpose of entertainment, amusement, or sporting events or shows may be hetd in the county outside the limits of incorporated cities and towns untess the person or persons sponsoring said event shatt first obtain a pernrit as hereinafter provided arid shatl compty with att regutations and approvals herein provided and that the fee for such permit to n]eet the cost of administering the same shatl be set by resolution of the Board of County Comrriissioners, but shatl initiatty be 5200.00 for eaclr event. :).J.i;',: tr+ Penal bond - Bond of indemnity. No permit shat{ be issued hereunder until the appticant has on deposit with the county treasurer tlre sum of 55,000 caslr or bond as an indemnity to save and protect the streets, pavements, bridges, road signs and othel property of the county from any and atl damage that may be caused by vehictes, employees, or participants in such amusement, entertainrnent or assembty and to be used, if llecessary, to restore the ground where such amusement, entertainment or assembly is hetd to a sanitary condition and pay alt charges and tosses to the county for darnage to tl'le streets, pavements, bridges and other property; provided further, that should the ticensed event necessitate the -4- Cl:eqory L. Zempel KiLt itas Coune./ Pro$ec:ut j.!?tt /tr f.orrley I(itlilas Ci)rlnfy Courr:lrouse - Rooft 2ll El1eil$l)r.rrg, I{A. 98926 {509) 962-"752c I 3 4 7 B a 5 I 11 t2 i.3 I4 15 L5 I} 13 19 2A 2L 2a aa z* z1 deptoynlent of additionaI courlty personne{, such added expense, which together witlr otl]er county expel]se that exceeds the origirrat pernrlt fee shall be recoverable from the principat and/or its surety, The deposit or its batance is to be returned when the board of county conrmissioners certifies to the treasurer that no damage has been dorre and that the county did not iricur additional expenses due to said licensed event or that the costs of the above have been paid by the licensee. {Ord, 99-06, 1999; Ord. 92-17, 1992; Ord.69-11 S 11. Vot. 0, p. 131, 1969). ij.:i*"i':il Porting, The ordinance codified irr this chapter shalt at atl times be kept postecl in a conspicuous place where an entertainment, amusement, Sporting event, or show or assembty of persorrs wherein the primary purpose witl be entertainnrertt, amusement, sportirrg event, of show is being conducted, {Ord. 9906, 1999; Ord. 97-17,1992; Ord.69-ll S 12, Vot. O, p. 131, 1969i. I :ii::. i";i,ii Applicant Age. No permit shatt be issued to any person under 1B years of age. Atcohot shatl. be prohibited at any event where appticant is under 21 years of age at the tirne of the event. {Orcl, 99-06, 1999; Ord. 92.17, I99Z; Ord. 69-11 S 13, Vot. O, p. 131, 1969i. -t..,.:{;. j;iti Statement of right to revoke on permit. Every perrnit issued under the provisions of this chapter shall state in substance that such permit is issued as a potice, sanitary and fire reguisitiorr measure, aud that the right of the board of county commissioners to revoke sucli permit without notice or formal hearing is a consideration of its issuance (Ord.99-06, 1999: Ord. 92-17,1992; Ord.69-11 914, Voi.0, p. 13.t, 1969), :t ,:iri. i ,ift Grounds for revocation. Any permit granted hereunder to conduct an evelrt may be revoked without notice or formal hearing the board of county contmissioners upon their finding that any police, sanitary, or fire regutation provided for in this chapter or in the state law has been viotated by the perniittee, and the action of said board in revoking any such permit shatt be fjnat and conclusive. by ::i";rt"i" i i:jii Revocation not exclusive penalty. The revocation of any permit granted under the provisions of this chapter shatt not prectude the imposition of further penatties as provided for in this chapter and the state taw, but shatt be corrsidered rnerety as a part of the penatties imposed for violation of the rules ancl regu{ations proviried forhereinandinthestatela\ry. (Ord.92-17,1992;Ord.69.11S16,Vol.O,p. 131 ,19-69,|. :;.;ij.1 4;1? Closing hours. All events slrallnot be open to the pubtic before the hour of 10:00 a,m., and shatlremain open to the pubtic untiI such timeas approved by the board of county commissioners in the apptication process. i:r. :iii, "i lrii lntoxicating liquor prohibited Repeated by Ord. 09.XX li , ? li. 'i .at 1.l Preserving order . Operator's duty. It is tlre intention to put the burden of preserving order upon the operator of the entertainrnenr, amusement, sporting event, or show or assembly of persons wherein the primary purpose will be entertainment, amusement, sporting event, or show in the county is not being operated in accordance with the rutes and regulations prescribed in this chapter and set forth in the state [aw, the permittee shatt be subject to revocation of his or her permit, and the permittee or other individuat reiponsible subject to such other punishment as the law and this chapter provides. -5- Gregory L, Zempel tti{: tltd"ts cou}1ty p}.rsecuring Ar.torfiey i(it,Cir:as Couney Courthouse - Roofi 213 Ei.lensburg, r.1,1, 98926 {509) 962-'752A 1 2 3 4 5 7 o 9 10 11 J4 AJ T+ t5 L6 L7 1B T9 20 21 a) 23 21 )c, :i ::tl. iili! Building construction. lf the entertainment, amusement, sporting event, or show or assembLy of persons wherein the primary purpose witt be entel'tainn'lent, amusenrerlt, sporting event, or show is held within a permanent buitding or structure, such must be of fireproof construction when over one story in heighi. Att bttiidings to which the pubtic is admitted nrust have a sufficient number of exits to perniit a safe evacuation of a{t persons therein. Att exit doors in buitdings of a permanent nature must be equipped with crash hardware. Alt canvas used in any tent or as a part of any structure must be so treated as to be fire resistant at the time the sarne is in use. Att highty irrftammabte or exptosive tiquids or materiats are to be kept in a wett ventilated location and adequate fire fighting equipment nrust be maintained in the immediate area. 11. llil;."t-iii] Distance from habitation, No etrtertainnlent, amusement, sporting event, or show or assembty of persons wherein tlie primary purpose witt be entertaitrment, amusement, sporting event, or show shatt be operated in a location which is ctoser tlran 1,000 feet from any schoothouse, church or residence; provided, however, that this section shati not appty if the owner of each residence or the governing bocly of each schoothouse and/or church vrithin said 1,000 feet slralt waive its requirement in writing and the board of county commissioners specificatty approves such tocatjon in the permit process. $.il:i il i* Permit posting - Non-transferability. Ally permit issued as provided in this chapter shatl be kept postecl in a conspicuous ptace ancl no such permit shalt be transferabte or assignabte without the consent of the board of county commissioners; and no rebate or refund of money paid for a permit shatt be rnade. {Ord. 99.06, 1999: Ard. 92-17 , 1992; Ord,6911 g 22, Vol, O, p. 1 32, 1969i. 1).,;lr_i i:i.ii Permit application. An appt'ication for a permit to conduct such an event in the county oLrtside the timits of incorporated cities and tolns shatl be made in writing to the board of county commissioners, and shatt be accompanied by a deposit of the fee herein required. lt shatt be signed and verified upon oath. lf the apptication is tnade orr behalf of a co-partnerslrip the names of the copaftners irr futt, shatt be giverr with their residences and post office addresses for a period of six montlrs immecliately prior to the date of the apptication, together with the tocation of principat office or ptace of business oisuch corporation, The apptication shatt state the iocation to be occupied; and shatt atso state that the appticant or appticants witl abide by a[[ rutes and regulations of this chapter and the state law for the protection of hea[th, morals and safety of the persons employed therein, and for the patrons or participants thereof and for the pubtic. 1;,;;0 J;ij Violation - Penatty. Any person who viotates or faits to comply with any provision of this chapter or yrho shalt counset, aid or abet such a viotation or faiture to compty shatt be deemed guitty of a misdemeanor and shatt be punished as provided in ilr,i:i.':l,r,i!.i:ii!: I (3). Viotation of this chapter shal.[ atso subject the holder of a conditionat use Permit to revocat'on of that permit under KCC 12.604.100. 1: 2i.i r:.,ttj Compliance, Comptiance wit'h tne terms and conditions of this chapter shatt constitute minimum heatth, sanitation and safety provisions and fai[ure to comply with the terms and conditio]ls shatI constitute a pubtic nuisance and slratt be subject to all crirninat, civil and equitabte remedies as such. :i,{i}, ; :ri''l Enforcement, Enforcement of this Chapter shall be through the procedur"e and in accordance with Title 1g KCC. -6-Gregory L. Zempel KiC.titas Ccurrty Frosecr-leing ALLorneyKitliLas Ccunl:/ CourEhcuse - Rco$ ?1!gll.errstlur.tr, rilA 28926 (s09) 962-1520 1 a 3 4 5 6 I 10 l. 1 72 1i 14 15 T6 Ln L9 2A 21 1') aa 1. :,:ii.,l{iit Reservation. The County reserues the right to add conditions or waive requirements or conditions of this Chapter as it determines to be in the best interests of the public. lt shatt give great weight to heatth and safety concerns in making conditions or granting waivers. :i :l.ij iltj Severability and Savings. lf any provision of this chapter or its apptication to any person or property is held irrvatid, the renlainder of thjs chapter or the apptication of the provision to other persot]s or property is not affected and if for any reason th'is code shoutd be declared invatid or unconstitutionat, then the original ordinance or ordinances shatt be in ft-rll force and effect, NOW, THEREFORE, BE IT FURTHER ORDERED, [r:rt a subsection (l) of Sectiot 18,{)}.01t} of Kittitas Courrty Code is nrodified to ieacl as follou,s: i A.il ?.i]i!.j Applicability Tltis title shalt apply to the enforcement of Kittitas County ordinances and codes, related to bt-titding, zoning, and environmentat heatth and safety, the viotation of which are heleby declared a pubtic rruisance: 1. Titte 5, Business Licenses Ancl Regulations;Z. Titte 8, Heatth, Wetfare, and Sanitation;3. Titte 1 2, Roads and Bridges;4. Titte 13, Water and Sewers;5. Titte 14, Buitdings and Construction;6. Title 15, Environmentat Poticy;7. Titte 16, Subdivisions; 8, Titte'17, Zoning; and r,'i;ri- i,i:j:.-i i::;j.,i, Kittitas County Shoretine Master Program;9. The Kittitas County Health Code. NOW, TI{EREFORE, BE IT FURTIJER ORDERED, that a nerv section l7.6iiA.l00 be adcletl the Kittitas Cor-rnty Code and tbat it read as fbllows: i .:, l"*l1. i,jj{-: Revocation or Modification. The Board of County Commissioners may hotd a hearing to revoke or additionatty timit a Conditionat Use Permit granted pursuailt to the provisions of tlris Chapter. Ten days prior to the hearing, notice shalt be delivered in writing to the applicant and/or owner of the property for which such Conditionat Use Permit was granted. Notice shatt be deemed delivered 3 days after being mailed, first class postage paid. to the owner as shown on the current tax rotts of the County. A ConditionaI Use Permit may be revoked or modified by the Board if any 1 of the fottowirig findings can be made: 1. That circumstances have changed so lhal 1 or more of the Conditions of 17.60A.020 are no longer met; 2. That the Conditionat Use permit was obtained by misrepresentation or fraud;3. That one or more of the conditions of the Conditionat Use Permit have not been met;4. That the ltse for which the Conditional Use Permit was granted had ceased or was suspended for twetve or more consecutive catendar months; -'7 - Gregory L. Zempel Kit.CiCas Ccunby Fyos€criting Attcr:ney Kiteitas ccuniy courLhollse - Room ?L3 E]1erl*burli, I'iA 98926 (509) 962-752A 1 2 ? 4 5 6 '7 I $ 10 11 I2 I3 14 15 lh 17 Jd 19 20 2I ?-2 )a 25 5. That the actua{ or permitted use is in viotation of any statute, ordinance, law, or regu{ation: or6. That tlre use permitted by the Conditional Use Permit is detrimentat to the pr"rblic heatth, safety or wetfare or constitutes a nuisance. The Board's decisiorr sha{t be subject to judiciat appeat under the provisions of Clrapter 154.08 KCC, The Board's decision shatt not be effective for 21 days after being entered, The Superior Court in reviewing the Board's decision lo revoke a CUP rnay grant a stay during the pendency of any appeat upon a finding that sr:ch a stay is necessar] to avoid manifest injustice or upon stiputation by the County ADOnTED rrris -5rdar* cf fu-a^ua*r&ff zoog BOARD OF COUNTY COMMXSSIONERS KXTTITAS COUNTY, WASITINGTON Appro'red as to Form Commissioner, Chai::man Brent Bot tom,s Civil Deputy signing for Gregory L. Zempel. ProFecuting ALLorney* Commissioner, Vice -Chairman A 'oF 6,'./a- '. Sfti " 46n *Commi-ssioner Jul ie li IA Kj orsrrik -8-Gregory L. Zernpel K-ittitas Cc'unLy ProsecnLing F,LLof,[ey KitliLfls CcunEy Coilrlhouse - Ror-{ 213 El len$bu::c1, tJA 98926 1509) 962-752A Chapter 9"45 NOISF CONTROL Sections 9.45prc Declaration of policy. 9-45-AZA Public disturbance - finding of special conditions. 9.45.030 Public disturbance - noise unlawful when. 9.45.040 Exemptions. 9.45.050 Enforcement. 9.45.060 Violation - penalty. 9.45.074, Variances. Prior ordinance history for Chapter 9.45: Ord. 2014-010,2A14; Ord.99-09, 1999;Ord. 95,14, 1995. 9.45.010 Declaration of policy, It is declared the policy of the county to minimize the exposure of citizens to adverse effects of excessive noise and to protect, promote, and preserve the public health, safety and welfare. lt is the express intent of the board of county commissioners to controlthe level of noise in a manner which promotes commerce; the use, value, and enjoyment of property, sleep and repose; and the quality of environment. (Ord. 2016-009, 2016; Qrd. 2016-002 , 2016) 9.45"420 Public disturbance - finding of special conditions. The making, creation or maintenance of excessive, unnecessary or unusual loud noises which are prolonged and unusual in their time, place and use, affect and are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the people of the county. The board of county commissioners and the county sheriff's department have received numerous citizen's complaints regarding noise and believe such noise constitutes a public disturbance. Special conditions within the county make necessary any and all differences between this chapter and regulations adopted by the Department of Ecology. (Ord. 201 6-009 , 2016; Ord. 2016-002 , 2016) 9.45.030 Public disturbance - noise unlawfulwhen. 1. lt is unlawfulfor any person to make, continue, or cause to be made or continued or any person owning or in possession of properly to make, continue, or cause to be made or continued or allow to originate from the property any sound which: a. ls plainly audible within any dwelling unit which is not the source of the sound or is generated within two hundred feet of any dwelling unit, and; b. Either reasonably annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others. 2. Sound which is "plainly audible" is sound that can be understood or identified. 3. lt shall be a rebuttable presumption that sounds created between 8:00 a.m. and 10:00 p.m. do not unreasonably annoy, disturb, injure, or endanger. rd.2O1 20 1 6; Q_r d-2915-092, 2A 1 6) 9.45.040 Exemptions. The following sounds are exempt from the provisions of thls chapter: 1. Sounds originating from aircraft in flight and sounds which originate at airports and are directly related to flight operations; 2. Sounds created by safety and protective devices, such as relief valves, where noise suppression would defeat the safety release intent of the device; 3. Sounds created by flre alarms; 4. Sounds created by emergency equipment and emergency work necessary in the interests of law enforcement or of the health, safety or welfare of the community; 5. Sounds created by the discharge of firearms in the course of lawful hunting or target practice activities; 6. Sounds created by natural phenomena; 7. Sounds originating from flawfull forest harvesting and silviculture activity, and from agriculture and livestock (not including sounds created by dogs); B. Sounds created by auxiliary equipment on motor vehicles used for highway maintenance; 9. Sounds created by off-highway vehicles while being used in officially designated off- road vehicle parks. Such off-road vehicles are nevertheless subject to the provisions of RCW Chapter 46.09; 10. Sounds created by warning devices not operated continuously for more than thirty minutes per incident; 1 1. Sounds created by the operation of equipment or facilities of surface carriers engaged in commerce by operating on the railroad; 12. Sounds created by construction between 6:00 a.m. and 10:00 p.m.; 13. Sounds created by refuse removal equipment or personal snow removal equipment; 14. Sounds originated from officially sanctioned parades and other public events; 15. Sounds created by motorvehicleswhile being driven upon public highways. Such motor vehicles are nevertheless subject to the provisions of wAC chapter 173-62; 16. Sounds originating from motor vehicle racing events at authorized facilities; 17. Sounds created by unamplified human voices from 6:00 a.m. to 10:00 p.m.; 18. Sounds created by lawn and garden equipmentfrom 6:00 a.m.to 1O:00 p.m.; 19. sounds created by lawfully established commercial and industrial uses; 20. Sounds created by commercial kennels, veterinaries, animal shelters, pet shops, grooming parlors, commercial dog breeders; 21. Sounds created in conjunction with military operations or training. Ord. 201 201 6; Ord. 201 6-0A2, 201 6) 9.45.050 Enforcement. The county sheriff and other law enforcement officers are authorized and directed to enforce the provisions of this chapter. The provisions of this chapter shall be cumulative, nonexclusive, and supplementary, and shall not affect any other remedy, including without limitation, the provisions of Chapter 70.107 RCW. (_Qrd. 2016:009 , 2016; Qd-2flO:QOA , 2016) 9.45.060 Violation - penalty. Any person who violates the provisions of this chapter, shall, upon a finding of having committed the civil infraction thereof, be punished by a civil penalty in the amount of $100 forthe first offense, $250 for the second offense, and $500 for each offense thereafter. (Ord. 2016-009,2016; Ord. 2016 002, 2016) 9.45.O7O Variances. From time to time, upon application to the board of county commissioners, further specific exemptions may be granted to this chapter on a fact and date specific basis. An example is the request for and granting of a festival permit. All such exemptions shall be made through proper application to the board of county commissioners and in conformance with existing provisions of the Kittitas County Code, as it now exists, or as amended in the future. All requests for exemptions to this chapter are subject to a nonrefundable $25.00 fee, which must be paid at the time the request is made. All recipients of a variance must provide proof of notification of said variance (including dates and times of the variance) to all residents within 1,000 feet of the noise source property boundary. (Ord. 2016-009 , 2016; Ord.2A16-002, 2016)