Nate Beason on Large Gatherings Ordnance

George Rebane

Given the interest in the recent ordnance on large gatherings on private land that Nevada County Board of Supervisors is considering, I promised to ask my supervisor (District #1) Nate Beason for some publishable clarification about what is intended and what is going on regarding this issue.  Specifically, I asked -

1.    What problem the new ordnance is supposed to address that current laws and ordnances don’t cover?
2.    What are the high hard ones in your preferred version of the ordnance?
3.    What is the current progress on adopting such an ordnance?
4.    Where should people go to find out more?

Nate was kind enough to give a timely reply to the email I sent him earlier in the day.  His response follows.

For over 30 years, the County has required that, prior to conducting certain outdoor music events, the event sponsor must obtain an Outdoor Festival Permit from the Sheriff. In the past, these events have been defined as “…any outdoor gathering of more than 100 people for the purpose of participating in or attending a dance, music carnival, ‘rock’ festival, or like musical activity.” 

At our workshop in January, the BOS took a decision to review and update the current ordinance. The decision was driven by two primary issues.

First, the potential for large events to occur in the unincorporated area without permits (which they have) and the current lack of enforcement tools provided to the sheriff to address the potential impacts of such events on neighboring properties.

Second, the BOS expressed an interest in establishing a reasonable mechanism by which wineries and other small businesses might hold occasional outdoor events on properties that do not have or cannot provide sufficient permanent facilities to hold such events.

A related issue is provision of discretionary enforcement authority to the sheriff regarding events that are exempt from the permitting process and cause disturbances. This enforcement would be complaint-driven and enforcement would be up to the responding officers’ discretion, i.e., a range of enforcement from asking people to please hold the noise down to requiring them to terminate their activities, depending on the nature and/or severity of the impact on the surrounding area. Our current ordinance is silent on this type of activity.

One of our major concerns is large, unpermitted gatherings at the end of dead end roads with inadequate sanitation and lack of safe emergency egress. We have had several of these types occur in recent years, and they appear to be on the increase. The current ordinance does not give the sheriff a sufficient range of authority to deal with them.

The first draft was sent back for revision for a variety of reasons. Any future BOS addressal of the issue will be publicly noticed.  Any resident who wishes notification beyond that required by law can call the Planning Department, 265- 1759, and ask to be put on a list of contacts for this specific issue.

At this point, I can offer very little in terms of specifics, but I hope the foregoing helps.

Thanks for contacting me,

Nate

Comments

[rlcrabb]

I can tell you where the first such ordnance came from. Back in those hazy crazy days of 1970, a bunch of us decided to throw a rock festival at Briggs' Pond at the corner of McCourtney and Lime Kiln Roads. The Supes caught wind of our plans and enacted an emergency ordnance, fearing another Altamont. (The disastrous Rolling Stones free concert at Altamont Speedway had just occurred in December of '69.)Being the defiant young rebels that we were, we thumbed our nose at the establishment and did it anyway. Sheriff Wayne Brown knew most of us, so he allowed the music to go on without interference from the "man".
The festival drew about 2000 people, and other than a few naked stoners wandering around, there were no problems. After the event, Terry Briggs was fined $100 and the episode was forgotten. Except for the ordnance, of course.

[George Rebane]

rlcrabb 329pm - great perspective, thanks Bob.

[Bill Tozer]

Mr. Crabb. First and foremost, congratulations of the great news concerning your bride. A time for celebration and joy and thankfulness and relief. Puts things in perspective.

2) How come all the fun "no harm no foul" stuff we did back in the "stick it to the man days" are now forbidden/restricted/regulated/violation of something/big sign says keep out? Trespassers will be violated.

Not talking just about riding in the back of a pick up truck with Spanky and Our Gang and a couple of dogs (without seat belts), just things in general. For the past 40 years I have had this real sense that doors are closing behind me. A lot of doors. Hate to be a kid growing today with all the do's and don'ts, 95% don'ts.

3 Mr. Beason, just have the local law enforcement tell the rowdies to keep it down. If that don't work, have them go out and crack some heads. A few split melons kills a good party every time.

[Walt]

I guess dear old Dad wasn't too "hip" to regs like either.
Dad knew how to throw parties. 100 people was about average.
Then there was the motor home club that came to the ranch once a
year.( 75 to over 150 ) were the norm for years. Nope,,, not one permit
or one "raid".
I seems our local gov. is getting in on the action of demanding permits
for anything. Have they joined in the fining of Bible groups of over 6
people in attendance?

On a side note,, Our VETS have stormed the front lines of "occupied" territory.
They broke down the fences and have "retaken" the war memorial on the Capital Mall. I hope they find a way to erect a "new flag" on said captured territory?

[Gerry Fedor]

Better think about living Uncle George and Aunt Betty outta that big wedding......

Another restriction on your property.... I have to wonder what Chuck Shea's and CABPRO's viewpoints on this might be?

[Todd Juvinall]

Regarding outdoor festivals. When I returned to town in 1976, my cousin told me about a gathering that happened every year somewhere out Cement Hill or North Bloomfield Road at a ranch or some large open area. I went with him and it was a very large gathering. Bands played powered by generators. It was fun for all. I do not recall seeing cops. Had a good time.

[Paul Emery]

This needs repeating. What the Ordinance was proposing were sweeping new regulations that include police checks and permits for anyone proposing a gathering of over 100 on private property. All this because of a couple of parties on Cement Hill and concerns about what might be a problem in the future. Is this an example of what the Tea Party and CABPRO consider "over regulation"?

Check out the details here:

http://www.mynevadacounty.com/nc/bos/cob/docs/Board%20of%20Supervisors%20Supporting%20Documents/2013%20Supporting%20Documents/09-17-2013/14.pdf

"Outdoor Festival"to include any outdoor gathering of 100 people or more for the purpose of attending a "commercial, recreational, civic or social function"

[Bill Tozer]

Paul, would this new ordinance affect KVMR? Fundraisers for various non profits? I suppose anti-social groups are exempt from the "social function" clauses. And anarchists would be exempt from the definition of "civil function".

Just keep it to 99 humanoids. About time somebody put the brakes on those opossum lubbers on the overpasses. Possum haters don't engage in mob mentalities nor hang distracting signs.

The elephant lubbers should get a permit or have their rallies in the appropriate existing places like the Love Building.

[Paul Emery]

Bill

The Ordinance is for the incorporated County so it wouldn't include the Dorsey overpass but you raise an important question. Are you opposed to public protests or should they be contained in proper housings, such as the Love building. I assume you are being sarcastic but I'm not sure.

[Bill Tozer]

Yes, Mr. Paul Emery, I am being sarcastic, especially placing lovers in the Love Building. At least I did not say Condom Park because I can exercise self control, albeit I usually refuse to be a slave to it.

Besides, who would go out into the boonies to protest something besides Butterfly and Moon Orbit the tree sitters? Town is where the protest action is.

Yep, that ordinance is like an irritating splinter that is starting to fester. Like every reg that we are besieged with, it may start out small and non intrusive, then we know where it usually leads.

Good neighbors let everyone around know if they are going to throw a graduation/wedding/love fest get down on it 40th birthday party. Or just a good ole fashioned Ho Down. A shindig if you prefer.

Still, the question remains. Will this affect fund raisers, not just hell raisers?

Oh course I ain't against public protests or even civil disobedience. I did like to relish in dissing the Oakland OWS crowds tossing Star Buck umbrellas thru store front windows, but that does not mean I wish public displays of discontent to EVER be abolished. Too much rich material.

Yes, I even dissed Cindy Shenan's camp Casey, but Bush was totally fine with it and told the media she has that right as an American from the get-go. Free speech and right to assemble and all that stuff. If fact, George W was more tolerate of the protests agin him than most Prezs, a stark difference compared to the current Administration's approach. Its the American way. Think the Revolutionary War was a big protest, but I could be mistaken.

I dissed Camp Casey cause there were a dozen or two concerned mothers against the war and a couple of hundred media talking heads so it looked much bigger than it actually was, lol. I stopped dissing Camp Casey when I read about the day after the Camp closed. There was Cindy, basically alone, with trash bags in hand cleaning up the mess and tons of litter left by the media and ambulance chasers. Lonely, sad imagine.

Good neighbors move their cars once a year for the social/civic event and nobody calls the cops. Think a good party planner must notify the surrounding residents.

I am a live and let live type of dude in practice, maybe not so much in words here. When I moved out to my current humble abode on the edge of the Earth, some neighbors threw a bash complete with Grunge Music playing live all night. About 3:30am. a lone screamer was playing with the mic and it got abit on the offensive out of control side. Because I was not notified, the following morning I walked near the property lines at 6:00am and fired up the old antique chain saw with baffle off, lol. That will teach them to play my kind of music next time.

[Paul Emery]

Bill
I assumed you were sarcastic but in this crowd you never know. The fact is it was proposed as written to the supes without a whimper of protest from our property rights advocates which causes me to suspect those who claim to be watching the ship on these matters.

The Ordinance as written did not fly at the Supes anyway and was sent off for an overhaul and may never return. Interesting though what our County Counsel proposed in the original draft. Makes me want to keep an eye on them for sure.

[Bill Tozer]

Mr. Paul, you are beginning to think like a Libertarian.

http://reason.com/archives/2013/10/05/welcome-to-the-era-of-unlimited-governme