ORS 433.750
Application for outdoor mass gathering for which county decides land use permit is not required

  • criteria
  • procedure
  • fee

(1)

Unless a county decides that a land use permit is required, the county in which an outdoor mass gathering is to take place shall issue a permit upon application if the organizer demonstrates compliance with or the ability to comply with the health and safety rules governing outdoor mass gatherings to be regulated according to the anticipated crowd and adopted by the Oregon Health Authority. The application must include all of the following:

(a)

Name and address of the applicant.

(b)

Legal description of the place of the proposed gathering.

(c)

Date of the proposed gathering.

(d)

Estimated attendance at the proposed gathering.

(e)

Nature of the proposed gathering.

(f)

Such other appropriate information as the county may require in order to ensure compliance with rules of the authority.

(2)

Notice of the application must be sent by the county to the county sheriff or county chief law enforcement officer, the local health officer and the chief of the fire district in which the gathering is to be held.

(3)

Each officer receiving notice of the application under subsection (2) of this section may comment in writing to the county not later than the hearing date. The comment may include recommendations related to the official functions of the officer as to granting the permit and any recommended conditions that should be imposed.

(4)

The county shall hold a public hearing on the issue of compliance with this section. Notice of the time and place of the hearing including a general explanation of the matter to be considered must be published at least 10 calendar days before the hearing in a newspaper of general circulation in the county or, if there is none, it must be posted in at least three public places in the county.

(5)

Except as provided in ORS 433.763 (Application for outdoor mass gathering for which county decides land use permit is required), a decision of a county on an application for a permit to hold an outdoor mass gathering may be appealed to a circuit court for the county as provided in ORS 34.020 (Who may obtain review) to 34.100 (Power of court on review).

(6)

A county may charge permit applicants a fee reasonably calculated to reimburse the county for its reasonable and necessary costs in receiving, processing and reviewing applications for permits to hold outdoor mass gatherings. However, a fee authorized by this subsection may not exceed the greater of $5,000 or $2 per anticipated attendee of the gathering. [1971 c.597 §3; 1985 c.758 §4; 1993 c.779 §1; 2009 c.595 §681; 2015 c.736 §83; 2019 c.408 §3]

Source: Section 433.750 — Application for outdoor mass gathering for which county decides land use permit is not required; criteria; procedure; fee, https://www.­oregonlegislature.­gov/bills_laws/ors/ors433.­html.

Notes of Decisions

Limitation on amount of described fee does not prevent local government from assessing additional fees for county services other than receiving, processing and reviewing application. Fence v. Jackson County, 135 Or App 574, 900 P2d 524 (1995)

Permit requirement is content-neutral time, manner and place regulation that does not infringe on free speech rights guaranteed by United States Constitution. Southern Oregon Barter Fair v. Jackson County, Oregon, 372 F3d 1128 (9th Cir. 2004)

When read with 2013 version of ORS 433.745, where applicant for county outdoor mass gathering permit received permit, applicant was not required to demonstrate compliance with land use regulations regarding permanent improvements to land and county was not required to consider applicant’s compliance with land use laws in evaluating application for permit. Thomas v. Wasco County, 284 Or App 17, 392 P3d 741 (2017), Sup Ct review denied

433.001
Definitions for ORS 433.001 to 433.045 and 433.110 to 433.770 433.004
Reportable diseases 433.006
Investigation and control measures 433.008
Confidentiality of disclosure 433.009
Reporting by law enforcement unit 433.010
Spreading disease prohibited 433.012
Oregon Health Authority to provide laboratory examination 433.017
Test of blood of pregnant woman required 433.035
Testing or examination of persons with certain diseases or conditions 433.040
Oregon Vaccine Education and Prioritization Plan 433.045
Notice of HIV test required 433.055
Prevalence studies 433.060
Definitions for ORS 433.060 to 433.080 433.065
Procedures for HIV testing 433.070
Compliance with procedures required 433.075
Responsibility for cost of test 433.080
When test may be required 433.090
Definitions for ORS 433.090 to 433.102 433.092
Purpose of ORS 433.090 to 433.102 433.094
Development of immunization registry and tracking and recall system 433.095
Reporting information to registry 433.096
Receiving and disclosing registry information 433.098
Nonliability for disclosing or using information 433.100
Parental consent not required for enrollment in registry 433.102
Parental responsibility for immunization 433.103
Reporting and training requirements 433.104
Use of immunization registry for potential catastrophic disease threat 433.110
Duty to prevent spread of communicable diseases 433.121
Emergency administrative order for isolation or quarantine 433.123
Petition for court order for isolation or quarantine 433.126
Notice to persons subject to order 433.128
Conditions of and principles for isolation or quarantine 433.131
Entry into premises used for isolation or quarantine 433.133
Court hearing and order for release from isolation or quarantine or for remedy for breach of required conditions of isolation or quarantine 433.136
Consolidation of proceedings regarding isolation or quarantine 433.137
Court records 433.138
Assistance of law enforcement officials in enforcing orders 433.140
Payment of isolation or quarantine expenses 433.142
Petition for isolation of contaminated property 433.150
Quarantine hospital 433.156
Enforcement of isolation or quarantine by law enforcement authorities 433.216
Detaining conveyance for inspection or investigation 433.220
Measures taken on discovery of disease or toxic substance 433.235
Definitions for ORS 433.235 to 433.284 433.240
Parental responsibility 433.245
Advisory committee 433.255
Persons with or exposed to restrictable disease excluded from school or children’s facility 433.260
Exclusion of persons exposed to or having restrictable disease from school or children’s facility 433.267
Immunization of school children 433.269
Local public health authority to ensure availability of immunizations 433.271
Thimerosal prohibited in school entry immunizations provided by Oregon Health Authority 433.273
Rules 433.280
Status of immunization records as public records 433.281
Post-secondary institution of education that provides student housing to provide information about vaccine-preventable diseases 433.282
Required immunizations at certain post-secondary educational institutions 433.283
Immunizations against measles for certain students at community colleges 433.284
Adoption of more stringent immunization requirements 433.285
Policy to control metabolic diseases 433.290
Oregon Health Authority to conduct educational program concerning metabolic diseases 433.295
Report of cases required 433.298
Oregon Health Authority to compile information about congenital cytomegalovirus 433.299
Newborn Bloodspot Screening Advisory Board 433.301
Newborn nurse home visiting services program 433.303
Policy on vitamin K 433.306
Duty to administer vitamin 433.312
Determining dosage 433.314
Educational program 433.318
Newborn pulse oximetry screening 433.321
Hearing screening tests for newborns 433.323
Newborn hearing screening test registry and tracking and recall system 433.326
Waiver of requirement of authorization to disclose information 433.327
Limitation on liability for good faith disclosure 433.329
Reporting known cases 433.332
Investigation and control of reported cases 433.340
Definitions for ORS 433.340 to 433.390 433.345
Report of animal bites 433.350
Power of Oregon Health Authority to take possession and order destruction of animal 433.355
Procedure to force compliance with ORS 433.350 433.360
Report of rabies cases 433.365
Inoculation against rabies 433.367
Oregon Health Authority to establish vaccination clinics 433.370
Inoculation certificate 433.375
Filing of inoculation certificate 433.377
Issuance of license as verification of inoculation 433.379
Disposal of inoculation certificates 433.380
Tag fee 433.385
Impoundment of animals 433.390
County dog control fund 433.407
Definitions for ORS 433.407 to 433.423 433.411
Legislative finding 433.416
When employer to provide preventive immunization 433.419
Notice to employer and worker of exposure 433.423
Content of rules 433.441
Declaration of public health emergency 433.442
Definitions for ORS 433.441 to 433.452 433.443
Authority of Public Health Director during public health emergency 433.444
Authority of Public Health Director during disease outbreak 433.446
Authority of Governor during state of public health emergency 433.448
Use of immunization registry and tracking and recall system during state of public health emergency 433.449
Disposal of human remains during state of public health emergency 433.452
Detaining persons exposed to reportable condition or condition that is basis for state of public health emergency 433.466
Right to legal counsel by persons subject to public health measure 433.502
Definitions 433.507
Legislative findings 433.511
Public information program 433.517
Field investigations and epidemiological studies 433.521
Indoor air quality standards 433.526
Public recognition program for compliance 433.715
Exposed merchandise 433.735
Definitions for ORS 433.735 to 433.770 433.740
Policy 433.745
Outdoor mass gathering without permit prohibited 433.750
Application for outdoor mass gathering for which county decides land use permit is not required 433.755
Additional information required before permit issued 433.760
Rulemaking authority 433.763
Application for outdoor mass gathering for which county decides land use permit is required 433.765
Right of county to enact ordinances or regulations 433.767
Application to gatherings defined by county ordinance 433.770
Enforcement 433.800
Definitions for ORS 433.800 to 433.830 433.805
Policy 433.810
Duties of Oregon Health Authority 433.815
Educational training 433.817
Educational training conducted by public health authority or organization or by other entity or individual approved by Oregon Health Authority 433.820
Eligibility for training 433.825
Availability of doses of epinephrine, glucagon and medication that treats adrenal insufficiency to trained persons 433.830
Immunity of trained person and institution rendering emergency assistance 433.835
Definitions for ORS 433.835 to 433.875 433.840
Policy 433.845
Prohibition on aerosolizing, smoking or vaporizing in public place or place of employment 433.847
Smoke shop certification 433.850
Prohibition on aerosolizing, smoking or vaporizing in place of employment 433.855
Duties of Oregon Health Authority 433.860
Enforcement 433.870
Regulation in addition to other aerosolizing, smoking or vaporizing regulations 433.875
Short title 433.990
Penalties 433.992
Penalties for violation of ORS 433.329
Green check means up to date. Up to date

Current through early 2024

§ 433.750’s source at oregon​.gov