Disease and Condition Control

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]

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

§§ 433.735 to 433.770

Notes of Decisions

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)


Source

Last accessed
Jun. 26, 2021