(13) Access and transport. Written review and approval by relevant federal, state, and local authorities indicating that existing or proposed plans for access to and from the mass assembly area are sufficient to serve the intended use. The applicant will comply with District Road Authority guidelines regarding the type, number and location of traffic signs, culverts and other similar matters. With the amendments to the 1999 Act, subsection 4(D) was added to the list of activities not covered by the definition of “meeting”. In addition, these amendments added a definition of “official instrument” that has the meaning of paragraph 4(D). “`Official instrument` means an instrument conferred by virtue of powers conferred by law, regulation, policy, rule or by virtue of the function performed.” If the county has approved a request for a mass meeting and granted a permit, and the licensee believes that circumstances have changed sufficiently to warrant a change in the conditions contained in the permit, the conditions may be modified as follows: (1) Application. CCC 5.04.200 ff. is intended to regulate meetings of more than 100 people but less than 3,000 people that are held continuously for a period of at least 12 hours. All events subject to the provisions of this Chapter shall comply with all other requirements imposed by national and local laws. (c) The applicant may attach to the application a statement that he or she is unable to pay the application fee and request the district to waive it. The burden of proof rests with the applicant, and the county will review the application against a standard indicating whether the applicant has demonstrated by a preponderance of evidence that the applicant is unable to pay the application fee, but still has the means, skills, financial resources, and other capabilities to carry out the mass gathering. The five exceptions to the definition of a meeting are: What constitutes a meeting was considered in detail by the West Virginia Supreme Court of Appeals in McComas v. Fayette County Board of Education, 197 W.
Va. 88, 475 S.E.2d 280 (1996). In this case, people opposed to a district plan for school consolidation challenged a meeting of four of the five members of the county school board. As this was a session and therefore subject to the state`s Public Assembly Act, the court was not convinced that the participants did not intend to summon the others, that no formalities had been followed, that no votes had taken place or resolution, or that no one had expressed an opinion on the proposed plans. All “meetings” of a “public body”, as those terms are defined in the Open Meeting Act, must be open to the public. The law defines a “meeting” as “a deliberation of a public body on matters within the competence of the body”, but provides for five specific exceptions. A “consultation” is further defined as “an oral or written communication by any means, including electronic mail, between a quorum of a public body in a public enterprise under its jurisdiction. G.L. v. 30A, § 18 (Definition of “Board”). With respect to the Legislative Assembly, “Assembly” means any assembly subject to Article 14 of Article IV of the Constitution of North Dakota, which states: “All meetings of the Legislative Assembly, including the Committee of the Whole and meetings of legislative committees, shall be public and public.” N.D.C.C.
§ 44-04-17.1(9). (5) Any applicant with a possible participation of more than 10% in the mass meeting and the owner of the property or the person in charge of the property shall attend the mass meeting and shall be responsible for ensuring that no person who violates state or district laws is permitted to remain on the premises. (7) The licensee shall at all times drive all persons and vehicles entering and leaving the event. It is the responsibility of the permit holder(s) to provide, at the request of the County and at least once a day at 7:00 a.m. or such other time as the County requires, accurate and simultaneous information on the number of participants in the meeting. If, at any time during an approved event, the number of persons or vehicles present exceeds the number of persons or vehicles estimated in the permit application, the sheriff or officer may ask the licensee to limit subsequent bids until a sufficient number of persons or vehicles have left the premises to reduce the actual number of participants to the permitted number. (a) Meetings of 100 persons or less. “Outdoor gatherings” of 100 people or less are not governed by the Crook County Code.