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HomeMy WebLinkAbout2188 OrdinanceI ••nn ORDINANCE NO 2188 AN ORDINANCE relating to public dances, licensing thereof, providing for fees, security and other requirements, providing special provisions for City-owned facilities, providing a penalty for violations, and protecting the public health, safety and welfare THE CITY COUNCIL OF THE CITY OF PASCO DOES ORDAIN AS FOLLOWS Section 1 That Section 5 24 010 of the Pasco Municipal Code (Ord. 1461 Sl, 1971) be and the same is hereby amended to read as follows P M C 5 24 010 PUBLIC DANCE - EXCEPTIONS (1) "Public Dance" means any dance to which members of the public may gain admission with or without the payment of any fee A dance at a private party to which admission is by invitation and without a charge is not a public dance (2) Except where the context clearly indicates otherwise, the requirements for a public dance does not apply to the following (a) A dance operated, held, and sponsored by and for the licensees of premises licensed for dancing pursuant to P M C 5 04 160(h), provided the dance is on the licensee's licensed premises and provided the dance is in conjunction with the licensee's regular business (b) A dance operated, held, and sponsored by a fraternal, veteran, service, or charitable organization which is generally recognized as such and is registered as a non-profit organization in the State of Washington, by a bona fide church, or by a political party organization eligible to be on the ballot in Washington State which is held on premises owned or regularly leased by the organi- zation, or which is generally limited to members of the organizations when held on premises licensed for dancing pursuant to P M C 5 04 160 (h) not owned or regularly leased by the organization (c) A dance operated ,held, or sponsored by a generally recognized non-profit organization registered as such in the State of Washington when held on premises licensed for dancing pursuant to P M C 5 Oa 160(h) and which is part of a special function of said organization and is not held primarily for the purposes of being a public dance (d) A dance operated, held, or sponsored by an educational institution either in or not in conjunction with a recognized student group which is held on the premises or the institution or on premises licensed pursuant to P M C 5 04 160 (h) the attendance to which is restricted to students and members of the educational institution and individual guests thereof This exception is not applicable to dances open to members of another school not co-sponsoring it as a joint activity or open to members of the public -2- Section 2 That Section 5 24 020 of the Pasco Municipal Code (Ord 1990 Si, 1978) be and the same is hereby amended to read as follows P M C 5 24 020 LICENSE REQUIRED - FEES (1) No person, corporation, or organization shall hold, operate, or sponsor a public dance within the City without obtaining from the City Clerk, following review by the Police Department, a special dance license (2) A non-refundable ten-dollar filing fee is required (3) In addition to the filing fee, a license fee shall be paid in an amount determined as follows The number of hours each police officer is required to be present shall be added together and that figure shall be multiplied times the overtime hourly rate of pay for the highest police patrolman classification in effect at the time of the dance This fee may be forfeited if the dance is cancelled without at least forty-eight hours notice of cancellation in advance of the proposed time for the beginning of the dance (4) The application with the filing fee must be received by the City Clerk on a regular City business day at least ten days in advance of the date of the dance The license fee must be received by the City Clerk on a regular City business day at least three days in advance of the date of the dance (5) A license shall be good for only one dance at the date and the time and at the place specified in the license Section 3 That Section 5 24 030 of the Pasco Municipal Code (Ord 1461 S3, 1971) be and the same is hereby amended to read as follows P Ni C 5 24 030 POLICE AND OTHER SECURITY (1) In reviewing each application, the Police Department shall determine the minimum number of City police officers and the number of hours for each officer to be in attendance at the dance for the purpose of providing security (2) At the applicant's request, the Police Department shall determine the minimum number of private security officers and the number of hours for each officer to be in attendance at the dance for the purpose of providing security This shall be in lieu of the requirement of City police officers The applicant may request one computation of the number of City police officers and their hours in combination with a number of private security officers and their hours in lieu of having security provided entirely by City police officers or entirely by private security officers (3) The Police Department may require that at least one officer be a female or male The Police Department may also require evidence that the private security officers to be used be physically capable of performing the tasks providing security. -3- (4) The Police Department may require for a public dance as defined without the exceptions of P M C 5 24 010(2) held on property or facilities owned or controlled by the City that at least one City police officer to be in attendance during certain hours regardless of the provisions of (2) above Section 4 That Section 5 24 040 of the Pasco Muncipal Code (Ord 1990 Sl, 1978) be and the same is hereby amended to read as follows P M C 5 24 040 APPLICATION AND REVIEW (1) The applicant shall provide the City Clerk in its application for a license all information required which shall include but not be limited to (a) The name, address, and telephone number of the applicant or applicants In the case of corporations or organizations, the applicant must be the president or other managing officer thereof who must provide his address and telephone number and the address and the telephone number of the person associated with the corporation or organization who is actually responsible for conducting the dance and of the corporation or organization if different than his own (b) The date and hours during which the dance is proposed to be conducted (c) The address and proper name of the premises upon or in which the dance is to be conducted Whether it is on or in private, public, or City-owned or controlled property or facilities The maximum number of persons allowed in or upon such place as restricted by the Fire Code or other regulation or law (d) The approximate maximum attendance expected and the general age group expected (e) The felony record and record for crimes ,n of moral turpitude of the applicant and those directly assisting in the operation of the dance (f) The purpose of the dance. If the dance is for any special occasion, what occasion (g) How music will be provided and the type of music to be played (h) A statement whether or not the applicant wishes to provide private security officers in lieu of City police officers (2) No license shall be issued unless the applicant and those directly assisting the operation of the dance of good moral character and the Police Department may require a criminal record check and all information need to the extent such may be necessary to determine that the applicant and those directly assisting in the operation of the dance are of good moral character (3) In determining the number of City police officers and/or private security officers and their hours to be required, the appropriate information above and the following shall be considered (a) The type of dance and its estimated attendance -4- (b) The design and location of the premises (c) The past history of disorder associated with dances held by the applicant, at the premises, or for the particular type of dance (d) The past record of the private security agency providing security for such dances The physical and other abilities of the individual officers assigned to the dance Section 5 That Section 5 24 050 of the Pasco Municipal Code (Ord 1461 S4, 1971) be and the same is hereby amended to read as follows P M C 5 24 050 LICENSE (1) The Police Department shall determine the number of hours for and the maximum attendance at the dance (2) The license issued must be conspicuously posted on the premises showing the date and hours, its location, the maximum attendance allowed, and the number and type of officers required for security Section 6 That Section 5 24 060 of the Pasco Municipal Code be and the same is hereby enacted to readdas follows P M C 5 24 060 PRIVATE SECURITY OFFICERS - LICENSING - RESPONSIBILITIES (1) Security police agencies who provide and their employees who are the private security officers as permitted by P M C 5 24 030 must be licensed as provided for by P M C Chapter 5 48 of the Pasco Municipal Code (2) When assigned to provide security at a public dance, private security officers are responsible not only to enforce compliance with this chapter but to endeavor to provide security, peace, and order as permitted any citizen under the common law and law of the State of Washington and to the best of their ability However, such private security officers are not acting as agents or employees of the City and the City has no responsibility for their acts or omissions Section 7 That Section 5 24 070 of the Pasco Municipal Code be and the same is hereby enacted to read as follows P M C 5 24 070 INSPECTIONS TO ENFORCE CHAPTER All peace officers of the City, County, and State shall be allowed access at no charge to all public dances for the purpose of inspection and to enforce compliance with this chapter Section 8 That Section 5 24 080 of the Pasco Municipal Code be and the same is hereby enacted to read as follows P M C 5 24 080 HOURS FOR DANCES (1) No public dance shall be conducted between the hours of 1 00 A M and 8 00 A M -5- (2) No public dance as defined without the exceptions of 5 24 010 (2) all or a portion of which is held out-of-doors (not in a fully enclosed building) shall be conducted after 10 00 P M on Sunday through Thursday and the period of midnight to 8 00 A M of the day thereafter or between the hours of 1 00 A M v and 8 00 A M on any day (3) The City Manager or his designee may grant exemptions from the requirements above for good and sufficient cause shown in writing at least two Piee ,l's- prior to the dance Section 9. That Section 5 24 090 of the Pasco Municipal Code be and the same is hereby enacted to read as follows P M C 5 24 090 CITY-OWNED OR CONTROLLED PROPERTY OR FACILITIES (1) Any person conducting a public dance as defined without the exceptions of P M C 5 24 010 (2) on City-owned or controlled property or facilities shall as a condition of being allowed to have said dance agree to hold and save harmless the City, its officers, employees, and agents from each and all such damage, injury, loss, cost, or expense occasioned by the dance Or the private security officers and further agree that if a claim is made or suit is brought against the City, its officers, agents, or employees on account of the dance or the private security officers, the person conducting it shall pay, defend, and indemnify the City against all such claims and suits and shall pay any final judgment resulting therefrom (2) The person conducting the public dance as defined without the exceptions of P M C 5 24.010 (2) on City-owned or controlled property or facilities shall provide written proof of a certificate of insurance effective the date of the dance providing combined single limit bodily injury, property damage, and blanket contractual liability of not less than $300,000 with at least a twenty-day cancellation notice to the City (3) The provisions of this chapter including the licensing requirement shall apply to any public dance as defined without the exceptions of P M C 5 24 010 (2) when held on property or facilities owned or controlled by the City except that the City Manager or his designee may grant exceptions to all or a portion of the requirements set forth in this chapter for dances put on by non-profit, service, or veteran organizations registered as such in the State of Washington. Section 10 That Section 5 24 100 of the Pasco Municipal Code be and the same is hereby enacted to read as follows P M C 5 24 100 PROHIBITED ACTIVITIES - POLICE AUTHORITY It shall be unlawful for any person who shall operate, hold, or sponsor a public dance as defined without the exceptions of P M C 5 24 010 (2) to allow or permit at such dance any indecent act to be conducted, or any conduct or disturbance of the peace to be committed, or any obscene or lewd act to occur Any member of the Police Department shall have the power to cause any public dance to cease and for all persons to disperse whenever (1) A violation occurs of any provision of this chapter in relation to the dance, or \ -6- (2) There exists a real and apparent threat to or the actual harm of the public health, safety, and welfare, including any disturbance of the peace, disorderly conduct, lewd or obscene or indecent acts Section 11 That Section 5 24 110 of the Pasco Municipal Code be and the same is hereby enacted to read as follows P M C 5 24 110 PENALTIES Any person violating any of the provisions or requirements of this ordinance including the conditions of the dance license and including the failure to promptly obey an order to disperse shall be punished by a fine not to exceed five hundred & 00/100 ($500 00) dollars and imprisonment for a period not to exceed six months Section 12 That Section 5 24 120 of the Pasco Municipal Code be and the same is hereby enacted to read as follows P M C 5 24 120 SEVERABILITY The provisions of this chapter are declared to be separate and severable, and the invalidity of any section, subsection, provision, clause, or portion of this chapter, or the invalidity of the application thereof of any person or circumstance, shall not affect the validity of the remainder of this chapter or the validity of its application to other persons or circumstances Section 13 This ordinance shall be in full force and effect after its passage and publication as required by law ASSED by the City Council of the City of Pasco this day of , 1980 .011 Chet Bailie, Mayor APPROVED AS TO FORM Den is t i t,ALAws. 0 1.(1 ic)t G—— s J De Felic ity Attorney AFFIDAVIT OF PUBLICATION COUNTY OF Franklin ) )ss STATE OF WASHINGTON Phyllis Graves , being first duly sworn on oath deposes and says she is the Principal Clerk of the Tr-City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily news- paper in Franklin County, Washington, and is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper That the annexed is a true copy of a legal advertisement Ord, # 2188 as it was printed in the regular and entire issue of the Tr-City Herald itself and not in a supplement thereof, for a period of on the 19th day of one time Sept. ZIATA3PWATA, commencing ,19 go, and ending on the day of , 19 , and that said newspaper was regularly distributed to its subscribers during all of this period That the full amount of $ 286013 52* in,@ 5.45 = 286.13 has been paid in full, also at the rate of Subscribed and sworn to before me this 22nd dayof Sept. ,19 £30 Notary Public in and for the State of Washington, residing at Pasco Ordinance No 2188— An Ordinance relating to public dances licensing +hereof, providing for fees, security and other require ments, providing special provisions for City-owned fa duffles, providing a penalty for violations, and pro- tecting the public health, safety and welfare The City Council of the City of Pasco does ordain as follows Section 1 That Section 5 24 010 of the Pasco Munic (pal Code (Ord 1461 Si 1971) be and the same is hereby amended to read as follows P M C 5 24 010 Public Dance - Exceptions (1) ' Public Dance means any dance to which members of the public may gain admission with or without the payment of any fee A dance at a private , party tr which admission is / by invitation and without a chargt is not a public dance (2) Except where the con text learly indicates other- wise, the requirements for a public dance does not ap ply to the following (a) A dance operated, held, and sponsored by and for the licensees of prem ises licensed for dancing pursuant to P M C 5 04 160(h), provided the dance is on the licensee s licensed premises and pro- vided the dance Is in con 'unction with the licensee s regular business (b) A dance operated held, and sponsored by a fraternal, veteran, service or charitable organization which is generally recog nized as such and is ream tered as a fan profit organization in the State of Washington, by a bona fide church, or by a political party organization eligible to be on the ballot in Washington State which is held on premises owned or regularly leased by the or ganization, or which is gen erally limited to members of the organizations when held on premises licensed for dancing I pursuant to P M C 5 04 160 (h) not owned or regularly leased, by the organization (c) A dance operated held or sponsored by a generally recognized non profit organization regis tered as such in the State of Washington when held on Premises licensed for danc mg pursuant to P M C 5 04 160(h) and which is part of a special function of said organization and is not held primarily for the pur Poses of being a public dance (d) A dance operated held, or sponsored by an educational institution either in or not in coniunction with a recognized student, group which is held on the premises or the institutionl tor on premises licensed pursuant to P M C 5 04 160 (h) the attendance to which is restricted to students and members of the educational institution and individual[ flan is not applicable to guests thereof This excep dances open to members of another school not co span soring it as a ioint activity or open to members of the public Section 2 That Section I 5 24 020 of the Pasco Munic , !pal Code (Ord 1990 Si, 1978) be and the same is I hereby amended to read as follows P M C 5 24 020 License, Required - Fees (1) No person, corpo ration, or organization shall hold, operate, or sponsor a I public dance within the City without obtaining from the City Clerk following review by the Police Department a special dance license (2) Anon refundable ten dollar filing fee is required (3) in addition to the fil ing fee a license fee shall be paid in an amount de- termined as follows The number of hours each police officer is re quired to be present shall be added together and that, times the overtime hourly figure shall be multipliedl rate of pay for the highest Police patrolman classifica tion in effect at the time of the dance This fee may be forfeitedi if The dance is cancelled, without at least forty eight hours notice of cancellation in advance of the proposed time for the beginning of, the dance (4) The application with the filing fee must be re-1 ceived by the City Clerk on a regular City business day at lepst ten days in ad- vance of the date of the dance The license fee must be received by the City Clerk on a regular City business day at least three days in advance of the date of the dance (5) A license shall be good for only one dance at the date and the time and at the place specified in the license Section 3 That Section 524 030 of the Pasco Munic ipal Code (Ord 1461 S3, 1971) be and the some is hereby amended to read as follows P M C 5 24 030 Police and other Security (1) In reviewing each op plication, the Police Depart ment shall determine the minimum number of City police officers and the num ber of hours for each offi- cer to be in attendance at the dance for the purpose of providing security (2) At the applicant's request, the Police Depart ment shall determine the minimum number of private security officers and the number of hours for each officer to be in attendance at the dance for the pur pose of providing security This shall be In lieu of the requirement of City Police officers The applicant may request one computation of the number of City police officers and their hours in combination with a number of private security officers and their hours in lieu of having security provided en tirely by City police officers or entirely by private secu rity officers (3) The Police Depart ment may require that at least one officer be a fe male or male The Police Department may also re quire evidence that) the pri vote security officers to be used be physically capable of performing the tasks pro viding security (4) The Police Depart ment may require for a public dance as defined without the exceptions of P M C 5 24 010(2) held on property or facilities owned or controlled by the City that at least one City police officer to be in attendance during certain hours re gordless of the provisions tf (2) above I Section 4 That Section ) 24 040 of the Pasco Munic Pal Code (Ord 1990 S1 1978) be and the same is lereby amended to read as :ollows 1 P M C 5 24 040 Appli cation and Review I (1) The applicant shall provide the City Clerk in fits application for a license (all information required which shall include but not oe limited to ( (a) The name, address, ind telePhone number of pe applical")+ or applicants rn the case or corporations or organizations, the aoeill !cant must be the president , or other managing officer , thereof who must provide I his address and telephone and the telephone number number and the address of the person associated with the corporation or or ganization who is actually responsible for conducting the dance and of the corpo ration or organization if dif ferent than his own (b) The date and hours during which the dance is proposed to be conducted (c) The address and proper name of the prem ises upon or in which the dance is to be conducted Whether it IS on or in pri vote, public, or City owned or controlled property or facilities The maximum number of persons allowed in or upon such place as restricted by the Fire Code or other regulation or low (d) The approximate maximum attendance ex pected and the general age group expected (e) The felony record and record for crimes of moral , turpitude of the applicant I and I those directly assisting i in the operation of the dance (f) The purpose of the dance If the dance is for any special occasion, what occasion , (g) How music will be Provided and the type of music to be played (h) A statement whether or not the applicant wishes to provide private security officers in lieu of City po lice officers (2) No license shall be is sued unless the applicant and those directly assisting the operation of the dance of good moral character and the Police Department may require a criminal rec ord check and all informa tion need to the extent such may be necessary to deter mine that the applicant and those directly assisting in the operation of the dance are of good moral character (3) In determining the number of City police offi cers and/or private security officers and their hours to be required, the appropriate information above and the following shall b e considered (a) The type of dance and its estimated attendance (b) The design and loca Pon of the premises (c) The past history of disorder associated with dances held by the aoPli cant at the premises, or for the particular type of dance (d) The past record of the private security agency providing security for such ) dances The physical and other abilities of the individ ual officers assigned to the , dance Section 5 That Section 5 24 050 of the Pasco Munic ipal Code (Ord 1461 54 1971) be and the same is hereby- amended to read as follows P M C 5 24 050 • License (1) The Police Depart ment shall determine the number of hours for and The maximum attendance at the dance (2) The license issued must be conspicuously post ed on the premises showing the dote and hours, its lo- cation, the maximum at- tendance allowed, and the number and type of officers required for security Section 6 That Section 5 24 060 of the Pasco Munic ipal Code be and the same is hereby enacted to read as follows P M C 5 24 060 Private Security Officers - Licensing - Responsibilities (1) Security police agencies who provide and their employees who are the private security officers as permitted by P M C 5 24 030 must be licensed as provided for by P M C Chapter 5 48 of the Pasco Municipal Code (2) When assigned to pro- vide security at a public dance, private security offi cers are responsible not only to enforce compliance with this chapter but to en- deavor to provide security, peace, and order as permit ted any citizen under the common law and law of the State of Washington and to the best of their ability However, such private secu ' rity officers are not acting as agents or employees of the City and the City has no responsibility for their acts or omissions Section 7 That Section 5 24 070 of the Pasco Munic- ipal Code be and the same is hereby enacted to read _as_follmeis ter All peace officers of the City, County, and State shall be allowed access at no charge to all public dances for the purpose of inspection and to enforce compliance with this chapter Section 8 That Section 5 24 080 of the Pasco Munic ipal Code be and the same is hereby enacted to read as follows P M C 5 24 080 Hours for Dances (1) No public dance shall be conducted between the hours of 1 00 a m and 8 00 am (2) No public dance as defined without the excep tions of 5 24 010 (2) all or a portion of which is held out-of doors (not in a fully enclosed building) shall be conducted after 10 00 p m on Sunday through Thursday and the period of midnight to 8 00 a m of the day thereafter or between the hours of 1 00 am and 800 am on any day (3) The City Manager or his designee may grant exemptions from the re quirements above for good and sufficient cause shown in writing at least two prior to the dance Section 9 That Section 5 24 090 of the Pasco Munic ipal Code be and the same is hereby enacted to read as follows PMC 5 24 090 'City Owned or Controlled Prop erty or Facilities (1) Any person conducting a public dance as defined without the exceptions of P M C 5 24 010 (2) on City owned or controlled proper ty or facilities shall as a condition of being allowed to have said dance agree to hold and save harmless the City its officers em ployees and agents from each and all such damage iniury, loss, cost or ex Dense occasioned by the dance or the private secu rity officers and further agree that ' if o claim is made or suit is brought against the City, its officers, gents or employees on ac count of the dance or the private security officers, the person conducting it shall Pay, defend, and indemnify the City against all such claims and suits and shall Pay any final ludgment re suiting therefrom (2) The person conducting the public dance as defined without the exceptions of P M C 5 24 010 (2) on City Owned or controlled proper ty or facilities shall provide written proof of a certifi - cafe of insurance effective the date of the dance pro viding combined single limit bodily 'mu' y, property dam age, and blanket contractual liability of not less than $300,000 with at least a twenty day cancellation no tice to the City (3) The provisions of this chapter including the licens ing requirement shall apply to any public dance as de fined without the exceptions of P M C 5 24 010 (2) when held on property or tacit ities owned or controlled by the City except that the City Manager or his design ee may grant exceptions to all or a portion of the re quirements set forth in this chapter for dances put on by non profit service or veteran organizations rig's tered as such in the State of Washington Section 10 That Section 5 24 100 of the Pasco Munic ipal Code be and the some is hereby enacted to read as follows P M C 5 24 100 Prohibit ed Activities Police Authority It shall be unlawful for any person who shall oper ate, hold, or sponsor a pub lic dance as defined without the exceptions of P M C 5 24 010 (2) to allow or per mit at such dance any in decent act to be conducted or any conduct or disturb ance of the peace to be committed, or any obscene or lewd act to occur Any member of the Police Department shall have the Power to cause any public dance to cease and for all persons to disperse whenever (1) A violation occurs of any provision of this chap ter in relation to the dance, or (2) There exists a real and apparent threat to or the actual harm of the pub he health safety and wel fare, including any disturbance of the peace, disorderly conduct, lewd or obscene or indecent acts Section 11 That Section 5 24 110 of the Pasco Munic !pal Code be and the same is hereby enacted to read as follows P M C 5 24 110 Penalties Any person violating any of the provisions or require- ments of this ordinance in eluding the conditions of the dance license and including the failure to promptly obey an order to disperse shall be punished by a fine not to exceed five hundred & 00/100 (MOO 00) dollars and imprisonment for a period not to exceed six months Section 12 That Section 5 24 120 of the Pasco Mum ipal Code be and the some is hereby enacted to read as follows P M C 5 24 120 Sever ability The provisions of this chapter are declared to be separate and severable, and the invalidity of any section, subsection, provi sion, clause, or portion of this chapter, or the in validity of the application - thereof of any person or circumstance, shall not of fect the validity of the re- mainder of this chapter or the validity of this aP011 cation to other persons or circumstances Section 13 This ordinance shall be In full force and effect after its passage abet Publication as required bV law Passed by the City Coun cil of the City of Pasco' this 15th day of September, 1980 -s- Chet Bailie, Mayor Attest -5- Evelyn Wells, City Clerk Approved as to form s- Dennis J De -Felice, Citv—Atknrruau September 16, 1980 Tri City Herald P 0. Box 2608 Pasco. Washington 99302 Gentlemen Please publish the attached Ordinances on the following date September 19, 1980 Please send two (2) Affidavits of Publication for each Sincerely yours, Evelyn Wells City Clerk ew