Chapter 15 - Assemblage Of People
CHAPTER 15 - ASSEMBLAGE OF PEOPLE
35-15-101. Purpose of chapter.
Itis the purpose of this act to regulate the assemblage of large numbers ofpeople, in excess of those normally meeting the health, sanitary, fire, police,transportation and utility services regularly provided in the state of Wyomingin order that the health, safety and welfare of all persons in this state,residents and visitors alike, may be protected.
35-15-102. Chapter not applicable to certain political subdivisions.
Theprovisions of this act shall not apply to municipalities or any cities or townsin the state of Wyoming, or other political subdivisions which, at theeffective date of this act, have enacted ordinances or adopted rules andregulations regulating the assemblage of large numbers of people, in excess ofthose normally meeting the health, sanitary, fire, police, transportation andutility services regularly provided in any such municipality, city or town orother political subdivision, in order that the health, safety and welfare ofall persons therein, residents and visitors alike, may be protected.
35-15-103. Definitions.
(a) As used in this act, the following terms shall have thefollowing meanings, except where the context clearly indicates another meaningis indicated:
(i) "Department" means the department of health orits designee;
(ii) "Person" means any individual natural humanbeing, partnership, corporation, firm, company, association, society or group;
(iii) "Assembly" means a company of persons gatheredtogether at any location at any single time for any purpose.
35-15-104. License required to permit, advertise, organize or selltickets to assemblage of 5,000 or more people.
Noperson shall permit, maintain, promote, conduct, advertise, act asentrepreneur, undertake, organize, manage, or sell or give tickets to anyactual or reasonably anticipated assembly of five thousand (5,000) or morepeople which continues or can reasonably be expected to continue for twenty(20) or more consecutive hours, whether on public or private property, unless alicense to hold the assembly has first been issued by the department,application for which must be made at least thirty (30) days in advance of theassembly. A license to hold an assembly issued to one (1) person shall permitany person to engage in any lawful activity in connection with the holding ofthe licensed assembly.
35-15-105. Separate license required for each day and location ofassemblage of 5,000 or more people.
Aseparate license shall be required for each day and each location in which fivethousand (5,000) or more people assemble or can reasonably be anticipated toassemble and the fee for each license shall be two hundred and fifty dollars($250.00). A licensee shall permit the assembly of only the maximum number ofpeople stated in the license. The licensee shall not sell tickets to nor permitto assemble within the boundaries of the licensed premises more than themaximum permissible number of people. The licensee shall not permit the soundof the assembly to carry unreasonably beyond the enclosed boundaries of thelocation of the assembly.
35-15-106. Exception to license requirements.
Thisact shall not apply to any regularly established, permanent place of worship,stadium, athletic field, arena, auditorium, coliseum or other similarpermanently established place of assembly for assemblies which do not exceed bymore than two hundred and fifty (250) people the maximum seating capacity ofthe structure where the assembly is held, nor shall this act apply togovernment-sponsored fairs or rodeos held on regularly established fairgroundsor rodeo grounds nor to assemblies required to be licensed by other laws,ordinances, and rules and regulations promulgated by the state of Wyoming, anymunicipality, city and town, or other political subdivision of the state ofWyoming.
35-15-107. Requirements for license.
(a) Before any person may be issued a license, the applicantshall first:
(i) Determine the maximum number of people which will beassembled or admitted to the location of the assembly, provided that themaximum number shall not exceed the maximum number which can reasonablyassemble at the location of the assembly in consideration of the nature of theassembly and provided that, where the assembly is to continue overnight, themaximum number shall not be more than is allowed to sleep within the boundariesof the location of the assembly in keeping with the health, safety and welfareof all persons so assembled;
(ii) Provide proof that the applicant will furnish, at his ownexpense, before the assembly commences:
(A) Potable water, meeting all federal and state requirementsfor purity, sufficient to provide drinking water for the maximum number ofpeople to be assembled at the rate of at least one (1) gallon per person perday and water for bathing at the rate of at least ten (10) gallons per personper day;
(B) Separate enclosed toilets for males and females, meetingall state specifications and requirements, conveniently located throughout thegrounds, sufficient to provide facilities for the maximum number of people tobe assembled at the rate of at least one (1) toilet for every two hundred (200)females and at least one (1) toilet for every three hundred (300) malestogether with an efficient, sanitary means of disposing of waste matterdeposited, which is in compliance with all state rules and regulations; a lavatorywith running water under pressure and a continuous supply of soap and papertowels shall be provided with each toilet;
(C) A sanitary method of disposing of solid waste, incompliance with state laws, rules and regulations, sufficient to dispose of thesolid waste production of the maximum number of people to be assembled at therate of at least two and five tenths (2.5) pounds of solid waste per person perday, together with a plan for holding and a plan for collecting all such wasteat least once each day of the assembly and sufficient trash cans with tightfitting lids and personnel to perform the task;
(D) Physicians and nurses licensed to practice in the state ofWyoming sufficient to provide the average medical care enjoyed by residents ofWyoming for the maximum number of people to be assembled together with anenclosed, covered structure where treatment may be rendered, containingseparately enclosed treatment rooms for each physician, and at least one (1)emergency ambulance available for use at all times;
(E) If the assembly is to continue during hours of darkness,illumination sufficient to light the entire area of the assembly at the rate ofat least five (5) foot candles, but not to shine unreasonably beyond theboundaries of the enclosed location of the assembly;
(F) A parking area inside of the assembly grounds sufficient toprovide parking space for the maximum number of people to be assembled at therate of at least one (1) parking space for every four (4) persons;
(G) Telephones connected to outside lines sufficient to provideservice for the maximum number of people to be assembled at the rate of atleast one (1) separate line and receiver for each one thousand (1,000) persons;
(H) If the assembly is to continue overnight, campingfacilities in compliance with state rules, regulations and requirements of thedepartment shall be supplied sufficient to provide camping accommodations forthe maximum number of people to be assembled;
(J) Security guards, either regularly employed or off-dutyWyoming peace officers, sufficient to provide adequate security for the maximumnumber of people to be assembled at the rate of at least one (1) security guardfor every seven hundred and fifty (750) people;
(K) Fire protection, including alarms, extinguishing devicesand fire lanes and escapes, sufficient to meet all state and local standardsfor the location of the assembly as determined under the rules and regulationsof the department, and sufficient emergency personnel to efficiently operatethe required equipment;
(L) All reasonably necessary precautions to insure that thesound of the assembly will not carry unreasonably beyond the enclosedboundaries of the location of the assembly;
(M) A bond, filed with the department, either in cash orunderwritten by a surety company licensed to do and transact business in thestate of Wyoming at the rate of one dollar ($1.00) per person for the maximumnumber of people permitted to assemble, which shall indemnify and hold harmlessthe state of Wyoming or any of its officers, agents, servants and employeesfrom any liability or causes of action which might arise by reason of grantingof the license, and from any costs incurred in the enforcement or cleaning upof any waste material produced or damage done by reason of the assembly.
35-15-108. Application for license; how made; contents.
(a) Application for a license to hold an actual or anticipatedassembly of five thousand (5,000) or more persons shall be made in writing tothe department at least thirty (30) days in advance of such assembly.
(b) The application shall contain a statement made upon oath oraffirmation that the statements contained therein are true and correct to thebest knowledge of the applicant and shall be signed and sworn to or affirmed bythe individual making application in the case of an individual, natural humanbeing, by all officers in the case of a corporation, by all partners in thecase of a partnership or by all officers of an unincorporated association,society or group or, if there be no officers, by all members of suchassociation, society or group.
(c) The application shall contain and disclose:
(i) The name, age, residence and mailing address of all personsrequired to sign the application as above provided and, in the case of acorporation, a certified copy of the articles of incorporation together withthe name, age, residence and mailing address of each person holding ten percent(10%) or more of the stock of said corporation;
(ii) The address and legal description of all property uponwhich the assembly is to be held together with the name, residence and mailingaddress of the record owner(s) of all such property;
(iii) Proof of ownership of all property upon which the assemblyis to be held or a statement made upon oath or affirmation by the recordowner(s) of all such property that the applicant has permission to use suchproperty for an assembly of five thousand (5,000) or more persons;
(iv) The nature or purpose of the assembly;
(v) The total number of days and/or hours during which theassembly is to last;
(vi) The maximum number of persons which the applicant shallpermit to assemble at any time, not to exceed the maximum number which canreasonably assemble at the location of the assembly, in consideration of thenature of the assembly, or the maximum number of persons allowed to sleepwithin the boundaries of the location of the assembly by the zoning ordinancesof the municipality if the assembly is to continue overnight;
(vii) The maximum number of tickets to be sold, if any;
(viii) The plans of the applicant to limit the maximum number ofpeople permitted to assemble;
(ix) The plans for supplying potable water including the source,amount available and location of outlets;
(x) The plans for providing toilet and lavatory facilitiesincluding the source, number and location, type, and the means of disposing ofwaste deposited;
(xi) The plans for holding, collecting and disposing of solidwaste material;
(xii) The plans to provide for medical facilities including thelocation and construction of a medical structure, the names and addresses andhours of availability of physicians and nurses, and provisions for emergencyambulance service;
(xiii) The plans, if any, to illuminate the location of theassembly including the source and amount of power and the location of lamps;
(xiv) The plans for parking vehicles including size and locationof lots, points of highway access and parking lots;
(xv) The plans for telephone service including the source,number and location of telephones;
(xvi) The plans for camping facilities, if any, includingfacilities available and their location;
(xvii) The plans for security including the number of guards,their deployment and their names, addresses, credentials and hours of availability;
(xviii) The plans for fire protection including the number, typeand location of all protective devices including alarms and extinguishers andthe number of emergency fire personnel available to operate the equipment;
(xix) The plans for sound control and sound amplification, ifany, including number, location and power of amplifiers and speakers;
(xx) The plans for food concessions and concessioners who willbe allowed to operate on the grounds including the names and addresses of allconcessioners and their license or permit numbers.
(d) The application shall include the bond required herein, andthe license fee.
35-15-109. Application for license; processing; state agencies to makeinvestigations, reports and recommendations on request.
Theapplication for a license shall be processed within twenty (20) days followingreceipt by the department and shall be issued if all conditions are compliedwith. All state departments, boards, officers and agencies, including but notexclusive of the state fire marshal, the department of agriculture, the statedepartment of transportation, the state labor department, the public servicecommission, the workmen's compensation department and the office of theattorney general shall do all things necessary and requisite, at the request ofthe department, to make and undertake investigations and to render reports andrecommendations unto the department in relation to the conditions necessary forthe issuance of the license.
35-15-110. Revocation of license.
Thelicense may be revoked by the department at any time if any of the conditionsnecessary for the issuing of or contained in the license are not complied with,or if any condition previously met ceases to be complied with. Any suchrevocation may be made by the department without notice or hearing, if thedepartment determines that an emergency exists and that it is not practical, inrelationship to its obligation to protect the public health, morals andwelfare, to permit the licensee to proceed to hold the assembly. In any suchcase, however, the licensee may, within a period of three (3) days from andafter revocation, apply or petition the department for an administrativehearing to show cause why the revocation should not be set aside and thelicensee permitted to proceed to hold the assembly. In any such case, thedepartment shall set any such application or petition down for hearing, andsaid matter shall be heard in the nature of a contested case proceeding underthe provisions of the Wyoming Administrative Procedure Act.
35-15-111. Assembly held in violation of chapter deemed publicnuisance; injunctive relief.
Theholding of an assembly in violation of any provision or condition contained inthis act shall be deemed a public nuisance and may be abated as such. Theattorney general shall represent the department and shall bring a civil actionin the name of the state of Wyoming in the district court of the county wherethe violation occurred or the threat with respect to holding the assemblyexists or in the United States district court for the district of Wyoming if itotherwise has jurisdiction to obtain a court restraining order or injunctionagainst the holding of the assembly. Any suit filed by the department shall beadvanced for trial and heard and determined as expeditiously as feasible by thecourt. If the court should grant injunctive relief and thereafter find theperson in contempt of the court's order, the court may invoke the bond filed bythe person with the department in payment of any fine or forfeiture imposed ina contempt proceeding.
35-15-112. Penalty.
Anyperson who willfully and knowingly violates any provision or condition of thisact or any condition upon which he is granted a license shall, upon conviction,be fined not more than ten thousand dollars ($10,000.00) or imprisoned in thepenitentiary not more than one (1) year or both. Each day that a violationshall continue following demand from the department to cease and desist shallconstitute a separate offense.