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*DISCLAIMER*
The following documents have been re-formatted from the originals for Internet accessibility, and may contain inadvertent errors and/or omissions. These are provided as a public convenience, for informational purposes only. Official Weber County Code Ordinances, in their original format, are available through the Office of the County Clerk/Auditor and at the four County Library branches. |
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TITLE 20
SPECIAL EVENTS ORDINANCE
(Ordinance 2001-7, adopted on April 10, 2001, repealed Title 20, Chapters 1-5,)
CHAPTER 1
AN ORDINANCE REPEALING THE WEBER COUNTY PUBLIC ASSEMBLY
ORDINANCE TITLE 20 CHAPTERS 1 THROUGH 5, AND ENACTING A NEW
ORDINANCE PROVIDING FOR CERTAIN UNIFORM REGULATIONS GOVERNING
THE TIME, PLACE AND MANNER OF HOLDING CERTAIN SPECIAL EVENTS IN
THE UNINCORPORATED AREA OF WEBER COUNTY AND/OR ON COUNTY
PROPERTY
The Board of County Commissioners of Weber County ordains as follows:
The Public Assembly Ordinance of Weber County is hereby repealed in its entirety effective fifteen
(15) days after publication of this ordinance. Furthermore, in place of the Public Assembly
Ordinance, Weber County hereby enacts an ordinance providing for uniform regulations governing
the time, place, and manner of holding certain special events in the unincorporated area of Weber
County.
Sections
20-1-1 Purpose
20-1-2 Application of Provisions
20-1-3 Definitions
20-1-4 Permit Required
20-1-5 Exemption from Permit
20-1-6 Permit–Application Process
20-1-7 Permit–Fees
20-1-8 Permit–Approval and Insurance
20-1-9 Appeal Procedures
20-1-10 Violation–Penalty
20-1-1 Purpose. The following ordinance which shall be effective as provided herein shall
govern the time, place and manner of holding certain special events on county roads, on county
property, and on private property in the unincorporated area of Weber County when an event’s
impact upon health, fire, police, transportation and other services exceeds those regularly provided
in the unincorporated area of the County. The regulations provided herein are enacted in order to
promote the health, safety and welfare of all the persons in the County, residents and visitors by
ensuring that special events do not create disturbances, become nuisances, menace or threaten life,
health, and property, disrupt traffic or threaten or damage private or public property. It is not the
intent of this ordinance to regulate in any manner the content of speech or infringe upon the right to
assemble, except for the time, place and manner of speech and assembly, and this Chapter should not
be interpreted, nor construed otherwise.
20-1-2 Application of Provisions. This chapter imposes regulatory requirements on
certain activities which are held on county streets, county property and private property which are
defined as “special events.” The requirements imposed by this chapter do not alter, supersede or
nullify any requirements contained in other statutes, ordinances or regulations which may also
regulate these same activities. These requirements shall be applied in a content-neutral manner and
without discrimination as to race, religion, sex, national origin, political affiliation or other unlawful
discriminatory classification. This chapter shall not apply to the following events:
A. Events or assemblies occurring inside permanently established, fully enclosed places of
assembly such as a place of worship, public auditorium, theater, recreation hall, gym, or
other enclosed structure designed primarily for housing and assembly of people, provided
that the maximum number of persons expected to attend or in actual attendance does not
exceed the maximum capacity of the enclosed place of assembly.
B. Events or assemblies in conjunction with the County fair, school events on school
property, church events on church property if designed for that use, or government
sponsored public hearings.
C. Events or assemblies at privately owned ski resorts, golf facilities or other licensed
recreational sites during normal day-to-day operations when the event involves spectators
in a number equal to or less than can be served by existing facilities.
20-1-3 Definitions. For the purpose of this chapter, the following words shall have the
following meanings:
A. “Athletic event” means an organized competitive or recreational event in which a group
of people collectively engage in a sport or form of physical exercise, including but not
limited to running, jogging, walking, bicycling or skating, on any county street in
unincorporated Weber County or upon public or private property in the unincorporated
area of Weber County.
B. “Entertainment event” means an organized event having as its primary purpose the
entertainment or amusement of a group of people, including but not limited to parades,
carnivals, fairs, concerts, block parties or neighborhood gatherings, on public or private
property within the unincorporated Weber County.
C. “Political event” means an organized event, not including an athletic or entertainment
event, having as its primary purpose the exercise of expressive activities of a political
nature, including but not limited to speech making, picketing, protesting, marching,
demonstrating or debating public issues, on any county street in unincorporated Weber
County or upon property owned by Weber County or private property in the
unincorporated area of Weber County.
D. “Special event” means any athletic event, entertainment event or political event, whether
held for profit, non-profit or charitable purposes.
20-1-4 Permit Required. It is unlawful for any person, corporation, partnership,
association or other entity, public or private, to promote, advertise or hold a special event without
first obtaining a special event permit and paying the fees as required in this chapter.
20-1-5 Exemption from Permit. The provisions of this chapter shall not be applied to
regulate the use of traditional public forums as alternative channels of communication by the public,
provided such use is for the free exercise of constitutionally protected activities and does not disrupt
or interfere with traffic on public streets or the use of public places by other members of the public.
20-1-6 Permit--Application Process. Special Event Permit application forms may be
obtained from the Weber County Public Works Department, Engineering Division, Permits Section,
at 2380 Washington Blvd., Suite 240, Ogden, Utah 84401.
A. All applications for special event permits shall be made on a special event permit
application form and shall include the following information:
1. Type and description of event;
2. Name of the sponsoring entity, contact person, address and telephone number;
3. Name of the promoting entity, contact person, address and telephone number;
Proposed date(s) of the event, together with beginning and ending times for each
date;
4. Proposed location, including a plat or map of the proposed area to be used, including
any barricade, street route plans or perimeter/security fencing;
5. Estimated numbers of event staff, participants and spectators;
6. Public health plans, including plans for culinary water supplies, solid waste
collections and disposal and waste water (toilet facilities);
7. Fire prevention and emergency medical services plans;
8. Security plans and/or law enforcement response;
9. Admission fee, donation, or other consideration to be charged or requested;
10. Signature of applicant; and
11. If the event is a block party or other event planned within a residential area, the
applicant must collect and submit with the application form a list of signatures
consenting to the street closure from all neighbors whose vehicular access to their
property is affected by the street closure.
B. The applicant for a permit shall circulate copies of the application to the following
agencies for the purpose of obtaining their approval or disapproval of the proposed
special event. The application is not complete until approved by the following agencies:
1. Weber-Morgan Health Department;
2. Weber County Sheriff’s Office;
3. Weber Fire District;
4. State Licensed Emergency Medical Services;
5. Weber County Recreational Services Department if the special event is to be held at
a Weber County park or other facility;
6. Weber County Public Works Division, Operations Department, if the special event
may create traffic impacts by its location, number of attendees or participants;
7. Weber County Building Inspector if any temporary facilities are to be constructed or
special electrical supplies are considered or warranted;
8. The Weber County Planning Division Operations Department, if signs advertising
the event are to be placed in the unincorporated area of the County. The applicant
shall submit plans drawn to scale, for any signage, noting the location of each sign
for which application is made. Signs for temporary special events shall not be
subject to the approval process of other County ordinances governing sign display or
placement.
9. Any other County agency which is to provide a service in connection with the special
event.
C. In reviewing an application, the agencies or departments involved shall consider the
following:
1. The impact of the special event on the traffic, security, health and safety of the public
and the plans of the applicant to address such impacts;
2. A determination by the agency that the plans for addressing any such impacts are
appropriate and reasonable to address traffic, security, health and safety concerns, and
an evaluation of the measures proposed by the applicant to satisfy those
requirements;
3. The demonstrated ability of the applicant to comply with requirements necessary to
protect the safety, health and welfare of the public and the past history of the
applicant in complying with such requirements;
4. The location and duration of the special event and the county's ability to
accommodate the event with the necessary resources; and,
5. Other previously approved special events that could cause scheduling conflicts during
the same period and cause over extension of the county's resources.
D. The agencies involved in reviewing an application may impose additional requirements
or conditions necessary to protect the public interest by ensuring traffic management,
security of property, or the health and safety of the public.
E. Insurance Required.
1. No special event permit shall be issued unless and until the applicant has submitted
to the permits section a certificate of insurance, listing Weber County as an additional
insured, on an occurrence policy issued by an insurance company authorized to do
business in the state, showing comprehensive general liability and property damage
coverage for the event with minimum limits of One Million Dollars ($1,000,000) for
injury or death for one person in any one occurrence; Three Million Dollars
($3,000,000) for injury or death for two or more persons in any one occurrence; and
Five Hundred Thousand Dollars ($500,000) for property damage in any one
occurrence.
2. The following special events shall be exempt from the insurance requirements set
forth in this section:
a. Political events;
b. School events on school property;
c. Events sponsored in whole by the county; and,
d. Block parties.
3. In consideration for the issuing of a special event permit, the applicant shall agree to
indemnify, save harmless and defend the county, its officers and employees, against
any claim for loss, damage or expense sustained by any person on account of injury,
death or property damage occurring by reason of or arising out of the special event.
4. By issuing a special event permit, Weber County makes no guarantees and assumes
no liability for the safety of participants or spectators of special events.
20-1-7 Permit--Fees.
A. Each initial application for a special event permit shall be accompanied by a non-
refundable fee of Fifty Dollars ($50) to defray the administrative costs of processing the
application.
B. In order to promote, protect and assure the safety and convenience of the people in their
use of public streets, public places, and/or private property, the Sheriff’s Office shall
coordinate the use of professional peace officers if the special event requires traffic
control or police protection. An additional fee shall be charged by the Sheriff’s Office
to cover the costs incurred. The Sheriff’s Office shall specify the fee required upon its
approval of the special event permit application, based upon the number of officers and
amount of support equipment required by such factors as: the date and time of the event;
the event location and length; the anticipated traffic and weather conditions; the
estimated number of participants and spectators; the nature, composition, format and
configuration of the event; and the estimated time for the event. The fee charged for
traffic control or police protection shall be paid prior to the issuing of the special event
permit.
C. Additional fees may be charged by the Weber-Morgan Health Department, the Weber
County Parks and Recreation Division, the Weber Fire District, licensed EMS providers,
or other county agencies for special services, equipment or facilities provided by these
agencies. Such additional fees shall be specified at the time the agency approves the
special event permit application and shall be paid directly to the agency prior to the
issuing of the special event permit.
D. The following special events shall be exempt from the application fee set forth in this
section but shall be subject to fees of other agencies or departments:
1. Political events;
2. School events on school property;
3. Events sponsored in whole or in part by the County;
4. Block parties; and
5. Revenue-raising events where the revenue flows to the direct benefit of Weber
County government.
20-1-8 Permit--Approval and Issuance.
A. Completed application forms shall be submitted to the permits section at least thirty
calendar days before the event is scheduled to take place, in order to allow sufficient time
for final evaluation of the application and to allow timely appeal to the Board of County
Commissioners in the event the application is denied. Applications submitted less than
thirty calendar days prior to the scheduled event shall be denied unless the applicant
demonstrates to a member of the Board of County Commissioners that compliance with
the thirty-day deadline was impractical or impossible due to the nature of the event.
B. A special event permit application may be approved and a permit issued to the applicant
by the permits section of Weber County upon approval by all the agencies specified in
Section 1-7(a). The permits section shall notify the Board of County Commissioners and
all affected agencies of all special events permits issued pursuant to this chapter.
C. Weber County has no authority to approve or permit events other than in the
unincorporated area of Weber County. Permits issued by Weber County apply only to the
unincorporated area of the county, and if an event crosses into a municipality within
Weber County or across the county line, applicants should determine if a permit is
necessary in the other jurisdiction.
D. Weber County reserves the right to deny permit applications for proposed special events
which pose a significant danger or threat to the public health, welfare or safety, or which
may result in unreasonable inconvenience or cost to the public.
E. If a special event permit application is denied by the permits section, the reason or
reasons for denial shall be provided in writing to the applicant.
20-1-9 Appeal Procedures. Any permit applicant desiring to appeal an administrative
decision of the permits section concerning the denial of a special event permit may petition the Board
of County Commissioners. All appeals shall be in writing, shall state the specific grounds for the
appeal, and shall be filed in the Commission Office within seven (7) calendar days after the date the
applicant received notice of the administrative denial. An applicant aggrieved by the decision of the
Board of County Commissioners may seek judicial review of such decision pursuant to Rule 65(h),
Utah Rules of Civil Procedure, or any other applicable ordinance, statute or rule providing for such
review.
20-1-10 Violation -- Penalty. A violation of this ordinance shall be a Class B
misdemeanor. The Weber County Sheriff’s Office, in its discretion, may stop an event which has
been issued a permit and/or may issue citations where event staff or participants violate other state
statutes or county ordinances, terms or conditions specified in the application, and including but not
limited to traffic rules and regulations, disturbing the peace, public nuisance, failure to disperse,
trespass, or other health and safety regulations.
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