Special event ordinance passes

As requested by Mayor Creed James, residents with concerns about Ordinance No. 862—which amends portions of Chapter 5.30 of Saratoga Municipal Code—brought them to the May 17 meeting of the Saratoga Town Council.

Ultimately, Ordinance No. 862 passed on third reading with a unanimous vote.

Prior to its passage, however, two members of the public addressed the council regarding their concerns. The first was Chris Shannon, co-owner of a music venue in Saratoga known as The Yard, and the second was Tasha Worthington.

Shannon’s concerns appeared to center entirely around language regarding camping in town limits and on town property.

“I just want to focus on camping because we attract a lot of people in town every year and I get a lot of inquiries about camping in our town,” said Shannon. “So, Ordinance No. 862 is going to make RV (recreational vehicle) camping and overnight camping allowable specially permitted events and at this time we have an ordinance, 9.12.020, that makes camping on town property except in areas designated and posted for camping a misdemeanor.”

Indeed, under section 9.12.020 of the Saratoga Municipal Code it reads “Any person, between sunset and sunrise, camping in a camper, recreational vehicle, house trailer, tent, sleeping bag or bed roll upon any property owned or leased by the town, including streets and alleys within the town, except in areas designated and posted for camping, is guilty of a misdemeanor.”

Shannon also pointed to two other sections of the town code; sections 12.16.020(B) and section 18.21.020(M).

Section 12.16.020(B) of the Saratoga Municipal Code prohibits both overnight parking and overnight camping on Veterans Island. Meanwhile, section 18.21.020(M) permits the temporary use of a recreational vehicle in RD 6000 for 96 hours “within any thirty consecutive calendar days” or for 90 days if a residence is being constructed on the property.

Shannon asked the council if applying for a special event permit to camp on town property would supersede the municipal code, specifically 9.12.020 making camping on town property a misdemeanor. Councilmember Jon Nelson replied a person could apply for a permit for camping at either Veterans Island or Kathy Glode Park or some other town property. He added if the council approved said permit, the permittee would then have permission to camp on whatever town property was mentioned in their special event application.

“Would that supersede it being a misdemeanor to camp on town property?” asked Shannon.

“Yeah,” replied Nelson. “Just like blocking a street is prohibited by a code and carrying an open container is prohibited by a code and you come in here and you get a special permit for a special event and that supersedes that code.” 

Nelson then asked Chief Ken Lehr if the Saratoga Police Department issued any citations for open containers during an event which had applied for an open container permit. Lehr responded citations were only issued to people with an open container who left the area designated by the open container permit.

Worthington also had concerns about overnight camping language in Ordinance No. 862, specifically regarding a limit of three consecutive days for eight people or less on a residential property.

“The language that you read is an exemption,” said Nelson. “So, in the current version of the code, as it reads now, overnight camping is designated as a specially permitted event. It falls under the definition of what would require a permit, or would potentially require a permit.”

Indeed, under section 5.30.020(P), it states overnight camping related to bicycle tours and motorcycle or car rallies is only allowed on property owned by Carbon County School District No. 2 with express written permission from the school district.

“This is not language that is to become a permitted event, this is specific language that would exempt someone from getting a permit,” Nelson said. “We wanted to make it clear that if you’re under eight persons and less than three days, that that was a threshold, that anything less than that would not require a permit.”

In her letter to the council, Worthington—along with five other signees—proposed removing the three day limit and that if an issue arose with someone camping on residential property it be addressed on a case-by-case basis. Councilmember D’Ron Campbell asked Nelson if it was possible to put language in the ordinance to provide for an exemption from the limit of three consecutive nights.

Nelson responded any camping on residential property which exceeded three consecutive days or eight people would require a special event permit, which would serve as the exemption. This, however, would only apply to overnight camping in tents. In reference to examples provided by members of the public of family members staying on residential property in their RVs, Nelson pointed to 18.21.020(M) and the 96 hour restriction for temporary occupancy.

Another concern expressed by Worthington was the potential requirement of supplemental law enforcement present at a specially permitted event and at the permittee’s expense. She stated she was aware of only one incident in a 10 year period at The Yard which required the presence of law enforcement and believed it was possible the code could be applied to discriminate against one venue over another.

Mayor Creed James told Worthington the police department applied for grants to pay for extra law enforcement during holidays such as Independence Day and New Year’s Eve and that the language was added in case of an event which could draw several hundred people. He stated it would be up to the discretion of each council, noting there would be an entirely different council in 2023.

The next meeting of the Saratoga Town Council will be at 6 p.m. on June 7 at Saratoga Town Hall.