The Columbia County BOCC declares that it is in the public interest and for the protection of the health, safety and general welfare of the residents of Columbia County to provide for the orderly and lawful conduct of festivals, fair, carnivals, sales, athletic competitions, fundraisers, celebrations, and other temporary special activities and events on private property where such uses are not listed as allowed, accessory or conditional uses in the zone in which they are proposed or on the property to be used by assuring the proper sanitary, health, safety, security, traffic control and nuisance prevention measures are provided and maintained. This invocation of the police powers is prompted by and based upon a finding of the BOCC that there is a danger to both people attending and persons and property in close proximity of such an event if proper sanitary, fire, health, safety, traffic control or police measures are not adequately provided for.

No person shall knowingly allow, conduct, hold, maintain, cause to be advertised or permit a temporary special event as allowed by these regulations unless a valid application, as provided by the county planning and building department, along with all such attachments, plans, related licenses and permits as may be required, is submitted and approved by the BOCC. Complete application shall be submitted to the planning director no later than 30 days prior to the proposed event or activity unless waived by the BOCC.

A permit may be granted for a period not to exceed 14 consecutive days. A permit issued pursuant to this chapter shall not be transferable or assignable without the written consent of the BOCC.

The BOCC may impose such conditions of approval as it feels necessary to protect the public health, safety or general welfare, the natural environment, the rights to the public or neighboring property owners to enjoy the use of public or private property or to insure reasonable reimbursement of costs expended by the county to insure such protection including a requirement for cash deposits, bonds or other such sureties to be in place prior to the event. The BOCC may also require that existing unsafe, unpermitted, unlicensed or uninspected aspects of the event location/property be corrected prior to the event.

The BOCC may also require the property owner and/or applicant to provide proof of insurance and/or enter into an indemnification agreement to defend, indemnify and hold the county, its agents and employees or officers harmless where such claims arise in whole or in part out of the activities for which such permit is issued; except any claims arising solely from negligent acts or omissions of the county, its officers, employees and agents.

A special event/activity permit shall not be required for normal accessory uses to a permitted or conditional use in the zone in which the activity takes place.

All applications shall be accompanied by a non-refundable processing fee as established by the BOCC except that the BOCC may exempt nonprofit organizations or groups providing a public benefit from payment of the fee. Nor shall a fee be imposed when prohibited by the First or Fourteenth Amendments to the U.S. Constitution, or Article 1, Sections 3, 4, 5 or 11 of the Washington Constitution. Political or religious activity intended for the communication or expression of ideas shall be presumed to be a constitutionally protected event.

The BOCC reserves the right to deny or revoke the approval of a permit prior to or during an event for just cause including but not limited to submittal of false information in the application or lack of a complete application; refusal to agree to or abide by the conditions of approval; failure to submit required fees, deposits, bonds, proof of insurance or required permits or license; operation of the event in a manner other than presented in the application; the event would endanger public health, safety or welfare; the event would create a public nuisance; the event would engage or encourage participants to engage in illegal acts; the event would be likely to cause significant damage to public property, facilities or critical natural areas; the event would cause undue hardships on adjacent properties or businesses; the event would cause an unacceptable impact on traffic or public resources; the proposed location of the event is unsuitable due to size, facilities or outstanding code violations.