HEARING:Ordinance 1261 Code Title 5.15 Music Festivals BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY, WASHINGTON
AN ORDINANCE OF LEWIS COUNTY, WASHINGTON, REPEALING )
AND REPLACING LEWIS COUNTY CODE TITLE 5.15 MUSIC ) ORDINANCE NO. 1261
FESTIVALS
WHEREAS, Lewis County Code Chapter 1.05.020 authorizes the Board of County Commissioners
(BOCC) to amend and adopt separate ordinances for inclusion in the Lewis County Code; and
WHEREAS, the BOCC previously enacted an ordinance declaring it necessary for the protection
of the health, welfare and safety of the people of Lewis County to enact a process to license music
festivals as well as establish the minimum health, sanitary , safety and police standards which are
necessary to protect the general public and those persons attending; and
WHEREAS, the BOCC held a public hearing as required under state law to take public testimony
and consider the matter; and
WHEREAS, Ordinance 1261 repeals and replaces all the provisions of Lewis County Code Chapter
5.15 and does not diminish any other provisions of the Lewis County Code; and
WHEREAS, the BOCC reviewed the recommendations of the County staff, considered testimony
from the public, and finds that the proposed Ordinance 1261 is in the best interest of the public.
NOW, THEREFORE, BE IT ORDAINED by the BOCC that it repeals and replaces the following
language to Chapter 5.15 Music Festivals of the Lewis County Code:
Replacement Chapter 5.15
MUSIC FESTIVALS
Sections:
5.15.010 Preamble.
5.15.020 Definition.
5.15.030 Basic provision.
5.15.040 Qualification of applicant.
5.15.050 Application for permit.
5.15.060 Plan.
5.15.070 Requirements.
5.15.080 Permit fee.
5.15.090 Provisional permit.
5.15.100 Final approval.
5.15.110 Music festival permit.
5.15.120 General restrictions.
5.15.130 Revocation and cancellation.
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5.15.140 Departure of patrons.
5.15.150 Posting.
5.15.160 Access to festival grounds.
5.15.170 Permit limitation.
5.15.180 Violation - Penalties.
5.15.190 Variances.
5.15.010 Preamble.
The Board of County Commissioners of Lewis County hereby declare that it is necessary for the
protection of the health, welfare and safety of the people of Lewis County to enact under the police power
of the county the following chapter providing for the licensing of music festivals as defined by this chapter
and establishing the minimum health, sanitary, safety and police standards which are necessary to
protect the general public and those persons attending such functions.
5.15.020 Definitions.
In this Chapter the following terms bear the meanings here ascribed to each:
(1) Music festival means any gathering of 200 or more people at which live and/or recorded music is
presented other than inside of a structure for more than four hours in any 24-hour period. PROVIDED,
That this definition shall not be applied to any event held entirely within the Southwest Washington
Fairgrounds, or entirely upon the premises of any established place of worship, stadium, athletic field,
arena, auditorium, coliseum, or other similar and permanently established venue.
(2) Cashier's check means a check issued by a bank or credit union authorized to do business in the
State of Washington, drawn on its own funds, signed by an officer or other agent thereof, and guaranteed
by that bank or credit union.
(3) Department means the Community Development Department of Lewis County.
(4) Ordinances include provisions of the Lewis County Code.
5.15.030 Basic provision.
It shall be unlawful for any person, other than the Government of the United States or of the State of
Washington, or a Washington municipal corporation, whether acting on behalf of himself or any other
person, partnership,joint venture, corporation or other association to:
(1)Advertise or publicly promote a music festival at which—
(a) 200 or more persons can be reasonably expected to attend, or
(b)an admission fee is charged, without having first obtained a provisional music festival permit;
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(2) Conduct a music festival or allow a music festival to be conducted upon property within his control
unless a music festival permit has been obtained.
In addition, it shall be unlawful for any person to knowingly attend a music festival that is being conducted
without a permit. A person shall be deemed to have knowledge that a music festival is being conducted
without a permit if he or she is so informed, whether orally or in writing, by a police officer, a County code
enforcement officer, or an officer of a fire protection district.
5.15.040 Qualification of applicant.
Any person over the age of 18 years, who has not been convicted of a felony crime within the last ten
years involving moral turpitude, or the delivery, manufacture, use or possession of narcotics or dangerous
drugs, and who has not been convicted of a violation of this Chapter within the past ten years, may make
application for a music festival permit.
5.15.050 Application for permit.
(1)An application for a permit to conduct a music festival shall be submitted to the Community
Development Department upon forms to be provided by that Department at least 90 days prior to the day
scheduled to hold the festival. An application will not be deemed to be complete until such time as all
elements required to be addressed therein have been addressed, and all required accompanying
documentation, cash bond, and fees have been tendered to the Department.
(2) In addition to any other information which may be requested by the Department, an application shall
provide the following information, verified under oath or affirmation:
(a)The name and address of the applicant, and, in the event that the applicant is a partnership,
joint venture, corporation, or other association having 20 or fewer shareholders, members, co-
venturers, or partners, the names and addresses of all persons having an interest in the entity,
together with a description of that interest, and the names and addresses of all managerial and
supervisory employees of the entity;
(b)A description of the property upon which the festival is to be held, including both a full legal
description and the street address thereof, together with a verified statement from each owner or
part-owner of such property that he, she, or it has been provided with a complete copy of the
application for a music festival permit, has read it, fully and completely understands it, and consents
to the holding of the festival;
(c)The date and time people will be in attendance to set up the festival, the times and dates during
which attendees will be permitted onto the festival site, the hour and date on which the last
attendee or festival staff member or contractor will leave the festival site, the days and hours during
which music is to be presented, the number of patrons expected to attend, and the greatest number
of persons who will be permitted to be present at the festival site at any given point in time;
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(d)A verified statement by the applicant that he will at all times comply fully and completely with all
applicable Federal, State, and local laws, ordinances, and regulations, including but not limited to
the acquisition of any other required permit or approval, and that he will also make a conscientious
effort to ensure that the patrons of the festival shall also comply with these laws. If the applicant is
a partnership, corporation, partnership, limited liability company, or any entity other than one
natural person, then such a verified statement shall be submitted by each person having a
beneficial interest in the applicant, and by each managerial or supervisor employee of the applicant;
(e)A statement of the maximum number of persons who will be permitted to attend the event, a
description of the measures to be taken to assure that no more than that number of persons will
attend, and a description of how any persons in excess of that number who are denied admission
will be routed out of the area of the event in a manner which leaves local roads passable by
emergency vehicles and ordinary road users; and
(f) Evidence that:
(i)the ambulance to be stationed on the festival site will comply with WAC 246-976-290; and
(ii)all traffic control, ambulance, and fire suppression personnel who are to be present on the site
pursuant to sub-sections 5.15.070(4), (5), and (6)are properly and fully qualified,
5.15.060 Plan.
(1)At the time that an application shall be made for a permit to hold a music festival, the applicant shall
present to the Department six copies of a plan containing a diagram of the festival grounds showing all
physical facilities as they shall exist at the time of the festival, and a narrative statement clearly setting
forth the means by which the applicant shall comply with all health, sanitary, safety and police
requirements for music festivals.
(2) Upon receipt of the copies of the plan, the Department shall immediately send a copy to the
Department of Natural Resources (where applicable), and to the chief of the Washington state patrol, the
fire district in which the festival is to be held, the Lewis County Department of Health and Social Services,
the Lewis County sheriff, and any city or town which shall be in the vicinity of the festival site.
5.15.070 Requirements.
A permit to conduct a music festival shall not be issued unless the applicant shall comply with the
following requirements or has conclusively demonstrated his ability to comply therewith:
(1) Location. The outside perimeter of the festival grounds shall not be less than 500 yards from any
school or church; or 500 yards from any place of abode, commercial building, or farm building, unless the
approval of the occupant has been obtained, pursuant to.
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(2)Sanitary Facilities. The applicant shall provide such toilet, water and garbage facilities, of the nature
and type prescribed by law, as are necessary to promote the health, safety, and comfort of the patrons,
but in no instance shall there be less than the following:
(a)Two toilets for every 100 persons in attendance;
(b) Five water outlets for drinking for every 200 persons in attendance, such outlets to be
connected to a certified public water supply system. Additionally, the system shall have sufficient
capacity to provide:
(i)five gallons per person per day of potable water, if there is no overnight camping, there are no
showers, and portapoties are used exclusively, instead of flush toilets; or
(ii) 20 gallons per person per day, if there is overnight camping, or if any flush toilets or showers
are provided.
(c) Five 32-gallon garbage cans securely fixed in place for every 200 persons in attendance which
shall be emptied at least once daily at the conclusion of the festival in conformity with Chapter 8.45
of the Lewis County Code and the laws of the State of Washington.
(3) Food Service. Any food which is dispensed upon the festival grounds shall be done in compliance with
all applicable requirements of the Lewis County Department of Health and Social Services and of the
Washington Department of Health.
(4) Fire Protection. The applicant shall provide such fire protection equipment of the nature and type
prescribed by law that is necessary for the protection of the festival patrons and surrounding properties,
but in no instance shall there be less than one fire engine with a minimum capacity of 1,000 gallons in
standby readiness at all times upon the festival grounds, which shall be manned at all times attendees
are present on the festival site by no fewer than three firemen who have completed the Washington State
Basic Firefighter certification program. Shifts shall not exceed 10 hours in length, and shall be separated
by rest periods away from the site of not less than 61/2 hours in length.
(5)Ambulance Service. The applicant shall have an ambulance upon the festival grounds at all times,
except when making emergency runs, which shall be manned by no fewer than two persons, such that, if
necessary, a patient can be treated by a person who holds a current Washington EMT certification while
the ambulance is operated by a person qualified under Washington law to operate an ambulance carrying
a patient. Shifts shall not exceed 10 hours in length, and shall be separated by rest periods away from the
site of not less than 61/2 hours in length.
(6)Traffic and Crowd Control. The applicant shall provide the necessary personnel, equipment, and
facilities to insure proper traffic control and crowd control. In doing so, the applicant shall seek the
counsel and advice of the Lewis County Sheriff, and obtain his approval of the proposed plan. In no
instance, however, shall the applicant provide fewer than one qualified person for traffic and crowd control
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for every 200 persons in attendance, who shall remain on duty at all times that patrons occupy the festival
grounds or are arriving or departing. Shifts shall not exceed 10 hours in length, and shall be separated by
rest periods away from the site of not less than 61/2 hours in length. Each of these control personnel shall
meet one of the following requirements:
(a) Be presently serving as a deputy sheriff or city policeman;
(b) be presently serving as a reserve deputy sheriff or auxiliary policeman, with one year of
experience;
(c) have had at least two years' experience as a regular deputy sheriff or city policeman within the
last 10 years;
(d) have had two years' experience as a reserve deputy sheriff or auxiliary city policeman within the
past five years; or
(e)attained basic law enforcement certification from the Washington criminal justice training
commission, or attained similar certification from a law enforcement training academy operated by
another State or Territory of the United States, or by the Federal government.
(7) Parking. The applicant shall provide an area adjacent to the festival grounds which shall be the only
area where patrons' cars shall be parked, and which shall be large enough to accommodate one car for
every three persons present on the festival site. The parking area shall have a means of ingress and
egress to the public highway which shall facilitate the prompt and orderly movement of traffic.
(8) Lighting. In the event that the presentation of music shall continue after sundown, the applicant shall
provide for the illumination of all portions of festival grounds upon which festival attendees may be
present and the parking area to a minimum light intensity of 0.1 foot candles. All outdoor lights shall be
hooded and shielded.
(9) Bond. The applicant shall tender for deposit with the treasurer of Lewis County a bond in the amount
as set forth below to save and protect the streets, pavements, bridges, road signs and other properties
from all damage that might occur as a result of holding the festival, which monies shall be used to
compensate the county for any damage which it sustains and to reimburse the county for any unusual law
enforcement expenses which might incur. If any portion of the bond's value remain unexpended, then
these monies may be used to restore the festival grounds to a sanitary condition, if necessary:
200 to 10,000 persons: $5,000 bond
10,000 to 20,000 persons: $7,500 bond
20,000 to 30,000 persons: $10,000 bond
Plus an additional $2,500 for each additional 10,000 persons expected in excess of 30,000 persons.
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Such bond may be submitted in the form of U.S. currency or a cashier's check. Any unexpended portion
of the bond shall be refunded to the applicant within 90 days following the conclusion of the event in
respect of which it was deposited.
(10) Insurance. The applicant shall secure liability insurance providing for a minimum of$1 million bodily
injury coverage per person; $1 million bodily injury coverage per occurrence, and $1 million property
damage (each limit per incident), with coverage limited to not less than $2 million in the aggregate. The
applicant shall tender with the application a certificate of insurance naming Lewis County as an additional
insured.
(11)Waiver of Rights for Inspection and Security. The applicant, and each person having a legal or
equitable interest in the premises, shall provide a notarized statement in the following terms and on a
form available from the Department(or on a photocopy thereof):
"Consent to Enter Upon Land and to Conduct Search
"I am the lawful owner or occupant of the property described as [property description] and I have
authority to consent to searches of the property. I understand that I am not required to give my
consent to a search of this property, but that my consent is necessary to obtain a Music Festival
Permit.
"I understand that I may revoke my consent at any time, but that revocation of my consent will
prevent me issuance of a Music Festival Permit. If a permit has issued, revocation of this consent
is still possible, but the permit will be immediately suspended or revoked.
"I understand that I may limit the scope of the search of my property, but I am not doing so. Law
enforcement and county employees may enter my property and perform any search necessary to
ensure compliance with this Chapter and with the laws of the State of Washington. I waive my
right to be present during any search, and I waive any right I may have to notice of the search.
The search may continue or be undertaken periodically during the following dates: [insert dates
for which the permit is sought]. The search may include either a search for evidence or merely
the presence of law enforcement or county employees.
"I understand that any evidence found could be used to suspend or revoke the Music Festival
Permit and that it could be used in a criminal or civil proceeding against me or any other entity.
have had full and ample opportunity to speak with an attorney of my own choosing prior to
signing this document.
"My consent is valid beginning [date three days prior to the festival] and ending [date of last day
of festival], inclusive of stated dates."
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5.15.080 Permit fee.
(1)The application to conduct a music festival shall be accompanied by a permit fee of two thousand five
hundred dollars ($2,500), which shall be in the form of U.S. currency or a cashier's check.The permit fee
and the required bond may not be paid with a single cashier's check; two separate cashier's checks are
required.
(2) In the event that the permit is not issued, or in the event that the permit is cancelled or revoked for
reasons beyond the control of the applicant, then a refund may be available pursuant to the County's
policy regarding refund of fees current as of the date of the event. A copy of the County's policy
regarding the refund of fees current as of the date of the enactment of this provision comprises
Attachment A to this Chapter.
5.15.090 Provisional permit.
(1) The Director of the Community Development Department or her designee shall instruct the applicant
to meet with the Director(or her designee)at a time and date, to be specified by the Director, but in any
event no later than 10 days following submission of a complete application, together with the required
bond and all required accompanying documentation and fees.
(2)At this meeting, the Director of Community Development(or her designee) shall advise the applicant
as to whether or not the applicant's plan is acceptable, and if not, what corrections need to be made.
Acceptance shall require compliance with all applicable provisions of this Chapter, of other applicable
provisions of the Lewis County Code and of uncodified County ordinances, and of State law. In the event
that the applicant's plan is accepted by the Department, a provisional music festival permit shall be issued
to the applicant. In the event, however, that the plan is not accepted, then the applicant shall be given a
further opportunity to appear before the Director(or designee)to present modifications to the original plan
that would correct its deficiencies, so as to permit acceptance of an amended plan at this second
meeting. If requested by the applicant, the Department shall specify in writing the deficiencies of the
applicant's plan.
5.15.100 Final approval.
(1) Not less than three days before the date of the festival, all physical facilities as provided for in the
approved plan shall be fully constructed and installed, and the festival grounds shall at that time be
inspected by the Department(or by any other Lewis County officer or employee who may act upon its
behalf in making the inspection)to determine if the facilities are in conformity with the plan.
(2)At the same time or sooner, the applicant shall provide satisfactory evidence to the Department that
he has provided for the stationing of a properly manned fire truck and an ambulance upon the festival
grounds, and that he has obtained the services of qualified traffic and crowd control personnel. Signed
contracts of employment shall be deemed to constitute satisfactory evidence. If the physical facilities are
in conformity with the plan, and if satisfactory evidence is presented as to providing for a fire truck and
ambulance, and personnel to control the traffic and crowds, then the applicant shall be entitled to receive
from the Department a music festival permit, upon his tendering the bond and the insurance policy as
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provided in this chapter. In the event, however, that the Department finds that the applicant has not
complied with the requirements for holding the music festival, it shall immediately advise the applicant in
the most expeditious manner of the deficiency. If requested by the applicant, the Department shall specify
the deficiency in writing. A music festival permit shall not be issued until all deficiencies are corrected.
5.15.110 Music festival permit.
A music festival permit shall authorize the holder to conduct a music festival upon the date specified in
the permit and upon the property described in the holder's application.
5.15.120 General restrictions.
The conduct of the music festival shall be subject to the following general restrictions:
(1) Hours. Music may be only presented between the hours of 8:00 a.m. and sundown, unless there has
been compliance with the lighting requirements, in which instance music may be presented until 10:30
p.m.
(2)Admittance. The number of patrons attending the festival shall be limited to the number prescribed in
the approved plan. The patrons of the festival shall not be permitted upon the grounds until 6:00 a.m. and
shall be directed to vacate the premises upon the conclusion of the music festival.
(3) Intoxicants. The possession and consumption of alcoholic beverages or of other mood or mind altering
substances upon the festival grounds shall be prohibited.
5.15.130 Revocation and cancellation.
A music festival permit shall be issued solely for the purpose of preserving the public peace, health,
safety, and welfare of the people of Lewis County, and therefore as a condition of its issuance, shall be
subject to being summarily revoked by the order of the Department without notice, if cause shall exist for
its revocation. It shall be presumed that such cause does exist if:
(1) it appears that 20 percent more people than provided for in the approved plan shall be
seeking admission to the festival;
(2) it appears that general disorder, or violence or destruction of property may occur;
(3)there is probable cause to believe that persons in attendance are using or possessing
intoxicants, mood or mind altering substances, or illegal drugs or narcotics, and that such persons
cannot be satisfactorily handled by police officers on an individual basis;
(4)there is conduct involving disorderly or unlawful acts or commission of any nuisance which
cannot be handled by police officers on an individual basis;
(5)the music festival is not conducted in accordance with the plan submitted by the applicant and
approved by the Department, or the music festival is conducted in such a manner as to violate the
provisions of sections .050, .060, or .070 of this Chapter.
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In the event of the revocation or cancellation of a permit the holder shall be entitled to a hearing before
the Director of Community Development or her designee at the earliest opportunity that such a hearing
may be held. Such hearing may be conducted by telephone.
5.15.140 Departure of patrons.
At the conclusion of the festival, or at such time as the music festival permit may be cancelled or revoked,
the permit holder shall immediately take all reasonable measures to require the departure of all patrons
from the festival grounds.
5.15.150 Posting.
During the festival, the music festival permit shall be posted in a safe but conspicuous place on the
festival grounds. The permit shall be posted upon a four foot by four foot wooden sign, painted white with
three-inch red lettering, which shall be located within 10 feet of the county right-of-way on any open public
roads abutting the property or the property access road. The sign shall be posted not less than 30 days
prior to the start of the music festival and shall be clearly visible from the public right-of-way. The sign
shall read as follows:
"Notice of music festival— Name of Promoter and Land Owner. For information on the music
festival contact:
"[Owner/promoter name and contact]"
5.15.160 Access to festival grounds.
The holder of a music festival permit shall allow free access to the festival grounds to police officers,
Lewis County code compliance officers, health officers, fire protection district officers, and any other
public officer who is present in his official capacity for the purpose of law enforcement or compliance with
this Chapter and with other County ordinances.
5.15.170 Permit limitations.
(1) Frequency. A music festival permit shall not be issued to the same applicant, nor for a festival to be
held in substantially the same area, for more than two consecutive days, nor for more than two occasions
in any calendar year.
(2) Red Flag Fire Weather Warning. In the event that the U.S. National Weather Service issues a"Red
Flag"fire weather warning for any area which includes the festival site, no attendees or festival personnel
shall be permitted to enter the festival grounds until such Red Flag Warning has been rescinded. Should
a"Red Flag"fire weather warning be issued while the Festival is in progress, all performances and
activities shall cease forthwith, and all attendees and festival personnel shall leave the festival site
immediately and for the duration of the Warning.
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5.15.180 Violation - Penalties.
It is a gross misdemeanor for any person or entity to recklessly fail to comply with any provision of this
Chapter. Upon conviction, the offender shall be punished by imprisonment in the County Jail for up to 364
days, a fine of not less than $500 nor more than $5,000 or both such imprisonment and fine. Each
calendar day in which a violation occurs shall constitute a separate offense for the purpose of this
Chapter.
PASSED IN REGULAR SESSION THIS 2, day of f e b , 2015, after a public hearing was held on
2J 1.• (6 , 2015 pursuant to notice published in the Chronicle on ,a,,--,. 13fN— , 2015.
APP-•V •• A •• FORM: BOARD OF COUNTY COMMISSIONERS
Jo' . Me , Prosecuting Attorney LEWIS COUNTY, WASHINGTON e. ,
By. arter, Deputy Prosecuting Attorney Edna J. • ,�
•••••• /
® CIS co„ •
ATTEST: •o� $O�p�, r o P.W. .c ult rice Chair
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Karri Muir, CMC, Clerk of the Bob ,�i � Gary t(e(mpe , Comm ssioner
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•••••
11
Attachment A
Fee Refund Policy
• Refund requests must be submitted within 1 year of application submittal; 6 months of permit
issuance; or 6 months of letter of completeness or incompleteness.
• For any application that has been reviewed and granted approval (preliminary to final), there will
be no refund if the application is withdrawn by the applicant.
• If an application has been reviewed and denied, none of the fees will be refunded.
• If an application requires legal publication and legal notice has been published prior to an
applicant requesting application withdrawal, no fees associated with the publication will be
refunded.
• If a SEPA Determination has been made in conjunction with an application prior to an applicant
requesting application withdrawal, no fees associated with SEPA will be refunded.
• If an applicant requests a refund prior to approval (preliminary or final), and the application has
been reviewed by staff, the maximum allowable refund will be 50% of the fee.
• No Hearing Examiner fees will be refunded once the material has been submitted to the Hearing
Examiner.
The maximum allowable refund for any submitted application will be 80%
(Note: This Attachment A reflects the County policy current as of the date of the most recent amendment
of this Chapter of the Lewis County Code. This policy is subject to repeal or amendment from time to
time.)
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NOTICE OF PUBLIC HEARING BEFORE THE LEWIS COUNTY BOARD
OF COUNTY COMMISSIONERS AND INTENT TO REPEAL AND
REPLACE PROVISIONS OF
LEWIS COUNTY CODE TITLE 5.15 MUSIC FESTIVALS
NOTICE IS HEREBY GIVEN that the LEWIS COUNTY BOARD OF COUNTY COMMISSIONERS
(BOCC) will hold a public hearing to receive public testimony related to revised code
provisions of Lewis County Code (LLC) Title 5.15. The hearing will be on February 2, 2015
at the Lewis County Courthouse, commencing at or after 10:00 a.m.
At the hearing, members of the public will be invited to speak and/or provide written
statements regarding the proposed Ordinance 1261. After the public testimony portion of
the hearing has ended, the BOCC will deliberate and consider the proposed Ordinance
1261 along with public testimony. The proposed Ordinance 1261 may then be adopted
with or without modifications.
The hearing will address repealing all existing provision to LLC Title 5.15 and replacing
code provisions fully described in proposed Ordinance 1261. The new language replaces
the current code provisions outlined in LLC Title 5.15-Music Festivals and establishes the
minimum health, sanitary, safety, and police standards which are necessary to protect the
general public and those persons attending the music festivals.
All persons wishing to be heard on this matter are encouraged to attend. Written
comments may be submitted in advance of the hearing by mail or at the hearing by
delivery in person. Please deliver copies of all written comments to the Clerk of Board at
351 NW North St, Chehalis, WA 98532.
The draft ordinance is available on line at the Lewis County website at
http://lewiscountywa.gov/planning-division . Hard copies are available to review at the
Lewis County Department of Community Development at 2025 NE Kresky Ave., Chehalis
WA, and at the Timberland Regional libraries located at: Chehalis, Centralia, Salkum,
Randle, Packwood, and Winlock as well as the Lewis County Senior Centers located at:
Morton, Toledo, Twin Cities (Chehalis), Packwood, and Winlock.
For questions concerning the above, please contact David Fine, Senior Deputy Prosecuting
Attorney at 360.740.1488 or Lee Napier, Director of Community Development at
360.740.1146.
This meeting site is barrier free.
People needing special assistance or accommodations should contact
the BOCC Office 72 hours in advance of the meeting. Phone:(360) 740-1120
PUBLISH: On or before January 13, 2015 in the Chronicle/Karri Muir
Executive Summary
BOCC Meeting Date:
2015-02-02
Contact:
David Fine
Department:
Prosecutor
Wording
Consider for adoption proposed Ordinance 1261 which repeals and replaces Lewis County Code Title
5.15 Music Festivals.
Description
After a public hearing consider adopting proposed Ordinance 1261 which repeals and replaces the
code provisions found in Lewis County Code Title 5.15 Music Festivals.
The new language replaces the current code provisions outlined in LLC Title 5.15-Music Festivals
and establishes the minimum health, sanitary, safety, and police standards which are necessary to
protect the general public and those persons attending the music festivals.
Recommendation
Staff recommends approval of proposed Ordinance 1261.
Other
BOCC AGENDA ITEM-SUMMARY
Resolution #: 12h BOCC Meeting Date: Feb 02, 2015
Suggested Wording for Agenda Item: Agenda Type: Hearing
Consider for adoption proposed Ordinance 1261 which repeals and replaces Lewis County Code Title 5.15
Music Festivals.
Brief Reason for BOCC Action:
Consider adopting proposed Ordinance 1261 which repeals and replaces the code provisions found in Lewis County Code
Title 5.15 Music Festivals.
Submitted By: Napier, Lee Phone: x1488
Date Submitted: Jan 10, 2015
Contact Person Who Will Attend BOCC Meeting: David Fine
Action Needed: Approve Ordinance (traffic or other)
Publication Requirements:
Hearing Date: Feb 02, 2015
Publications: Chronicle
Publication Dates:
Approvals:
User Gro p
Carter, Glenn Pending
Anderson, Pat Pending
Muir, Karri Pending
York, Danette Pending
Strozyk, Michael Pending
Cover Letter To
1-22-15
Additional Copies
Pat Anderson
David Fine
Lee Napier
Danette York
Michael Stroyzk
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February 2, 2015
TO: Lewis County Board of Commissioners
FROM: General Cothern, President, Washington Bluegrass Association
RE: Proposed New and Amended Music Festival Ordinance
Lewis County Commissioners:
I have read the proposed music festival ordinance and find it most disconcerting. If it were to
be adopted as written, it has the potential to destroy the Mt. St. Helen's Music Festival and
possibly doom the Washington Bluegrass Association as well.
I believe there should be an exemption for our festival, based on several factors. I don't know
what caused the county to consider this ordinance, since there was already one in existence.
Many years ago our festival was exempted from the operation of that ordinance. The Mount St.
Helen's Festival has been in existence for over thirty years. In that time, there has never been
any law enforcement problems,no health problems, no traffic control problems, no drug or
alcohol abuse, no fire protection issues, and no crowd control issues. In addition to all that,the
Washington Bluegrass Association is a Washington non profit corporation that has been granted
a 501c3 exemption under the Internal Revenue Code of the United States. The WBA is not
allowed to operate at a profit to benefit any individual or individuals, and is organized as an
entity dedicated to the preservation and furtherance of Bluegrass and Old Time music as an art
form.
It would be my proposal that our festival be exempted by name, and if that is not possible,
exempted as a long standing event,produced by a non profit, 501c3 organization, with the
provision that the ordinance apply only to "for profit" organizations. It there was any history
regarding the kinds of problems that the ordinance appears to address associated with the Mt. St.
Helens Bluegrass Festival, I could see applying the ordinance to the festival. There being none,
it seems only reasonabe to have the festival exempted. We have always been most happy to have
any police agencies who desire to drive through do so. We do not need to have a regular security
force, since no problems have ever occurred that would require it. Once again, I am asking that
the Washington Bluegrass Association be officially exempted from the proposed ordinance.
Sincerely
General Cothern
President, Washington Bluegrass Association
Karri Muir
From: Candace Hallom
Sent: Monday, February 02, 2015 8:20 AM
To: Karri Muir
Subject: FW: BOCC Agenda
Attachments: Music festivals.doc
FYI
From: JuneB [mailto:juneb2@earthlink.net]
Sent: Friday, January 30, 2015 9:02 PM
To: Candace Hallom
Subject: Re: BOCC Agenda
Candace,
Thank you for forwarding the agenda. I reviewed the proposed music festival ordinance and at Section 5.15.070 at page
7 under"Consent to enter on land and conduct search", the last sentence in the third paragraph contains the word
"either" but there is no "or". I don't know what was meant and I believe a clarification should be considered. Please
enter this in the record of the hearing. For your convenience I attach the offending paragraph.
Gene Butler
On 1/30/2015 4:51 PM, Candace Hallom wrote:
Please see attached BOCC Agenda for Monday February 2, 2015. Have a nice weekend.
Candace Hallom,Administrative Assistant
Lewis County Board of County Commissioners
351 NW North St.
Chehalis, WA 98532
(360) 740-1391
1
"I understand that I may limit the scope of the search of my property,but I am not doing so.Law enforcement and
county employees may enter my property and perform any search necessary to ensure compliance with this
Chapter and with the laws of the State of Washington. I waive my right to be present during any search,and I
waive any right I may have to notice of the search.The search may continue or be undertaken periodically during
the following dates: [insert dates for which the permit is sought]. The search may include either a search for
evidence of the mere presence of law enforcement or county employees.
Lewis County Courthouse
351 NW North Street
1 ;:::%;:;;=—:;;. :;:er 1;1,--4: ‘ Board of County Commissioners Chehalis, WA 98532-1900
LEWIS COUNTY — —
Business Meeting Agenda
Monday February 2, 2015 at 10:00 a.m.
Commissioners Hearing Room 223
Call to Order: Chair Edna J. Fund
Determination of Quorum
Flag Salute
Approval of Minutes: January 26, 2015
Public Comment* (Limited to 3 minutes/person)
EMPLOYEE RECOGNITION
Historic Celebration Recognition
Employee Milestones
Above and Beyond Employee Awards
Come and celebrate employee accomplishments and enjoy refreshments after the
meeting
CONSENT AGENDA
1. Resolution No. 15-041 Approval of warrants for payment.
2. Resolution No. 15-042 Bid award for the retrofitted containers to be used for waste
oil collection tanks.
3. Resolution No. 15-043 Approving a Cell Phone Stipend Policy.
4. Resolution No. 15-044 Appointments to the Lewis County Airport System Advisory
Board.
5. Resolution No. 15-045 Appointing Members to serve as the Board of Directors of
the East Lewis County Public Development Authority.
HEARING
6. Ordinance 1261 Repealing and Replacing Lewis County Code Title 5.15
Music Festivals
Good of the Order
• THE BOARD MAY ACT UPON MATTERS NOT LISTED ON THIS AGENDA.
• "Written public comments may be submitted in person, by email, or regular mail to the BOCC on agenda or non-
agenda items(excluding public hearing and bid award items)at any time following publication of the meeting agenda
and before adjournment of the BOCC Business Meeting.
• This meeting site is barrier free; people needing special assistance or accommodations should contact the
Commissioners'Office at 360-740-1172,72 hours in advance.
• Commission meetings can be viewed at LewisCountyWa.gov/bocc-meetings and on Comcast Channel 3, at 10 a.m., 2
p.m.,6 p.m.and 10 p.m.
Edna J.Fund P.W.Schulte Gary Stamper
Commissioner,District 1 Commissioner,District 2 Commissioner,District 3
MEETINGS AND APPOINTMENTS
WEEK OF February 2, 2015
ALL MEETINGS ARE SUBJECT TO CANCELLATION OR RESCHEDULING
MONDAY, February 2, 2015
8:00 am ACHS Legislative Call, Conf. Call
8:30 am *BOCC Wrap-Up
9:00 am *Update with HR
10:00 am *BOCC Business Meeting
11:00 am *Update with EDC
12:15 pm Ribbon cutting for American Workforce Group, Inc
4:00 pm Drug Court Graduation
5:30 pm Republican Central Committee
6:00 pm Toledo City Council
TUESDAY, February 3, 2015
8:30 am *Update with Central Services
9:00 am *Update with Risk
9:30 am *Update with Health & Social Services
1:00 pm *Meeting with Greg Martin/Tour of Work Opportunity
2:00 pm *Update with Prosecutor
7:00 pm Pe Ell Town Meeting
WEDNESDAY, February 4, 2015
8:30 am *Directors Update
10:00 am *Staff Meeting
6:30 pm Farm Bureau
THURSDAY, February 5, 2015
7:00 pm Boy Scouts Annual Support Dinner, Hotel Washington
FRIDAY, February 6, 2015
9:00 am *Mayors Meeting
2:00 pm Bonnie Wangen Retirement Party
SATURDAY, February 7, 2015
8:30 am Twin City Senior Center Breakfast
*Official BOCC Meetings (if schedule allows, meetings times may be
adjusted)