HomeMy WebLinkAboutord2026-003strikeWhatcom County COUNTY COURTHOUSE
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Agenda Bill Master Report
File Number: AB2026-118
File ID: AB2026-118 Version: 1 Status: Adopted
File Created: 01/23/2026 Entered by: KSmith@co.whatcom.wa.us
Department: Council Office File Type: Ordinance
Assigned to: Council
Agenda Date: 02/10/2026
Related Files:
Primary Contact Email: ksmith@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Final Action: 02/10/2026
Enactment #: ORD 2026-003
Ordinance amending Whatcom County Code Section 5.40.010 to change the permit threshold for
outdoor musical entertainment, amusements, and assemblies
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
none
HISTORY OF LEGISLATIVE FILE
Date: Acting Body: Action: Sent To:
01/27/2026 Council INTRODUCED FOR PUBLIC Council
HEARING
Aye: 6 Boyle, Buchanan, Galloway, Rienstra, Scanlon, and Stremler
Nay: 1 Elenbaas
02/10/2026 Council ADOPTED
Aye: 7 Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and Stremler
Nay: 0
02/10/2026 Council Committee of the Whole DISCUSSED
Attachments: Proposed Ordinance, Whatcom County Code 5.40, Revised Code of Washington 70.108, Notice of
Hearing after 1.27.2026
Whatcom County Page 1 Printed on 211112026
PROPOSED BY: CLERK OF THE COUNCIL
INTRODUCED: JANUARY 27, 2026
ORDINANCE No.2026-003
AMENDING WHATCOM COUNTY CODE SECTION 5.40.010
TO CHANGE THE PERMIT THRESHOLD FOR OUTDOOR
MUSICAL ENTERTAINMENT, AMUSEMENTS AND ASSEMBLIES
WHEREAS, Whatcom County Code Chapter 5.40 provides for the process of
obtaining a permit to present outdoor, live, or recorded musical entertainment; and
WHEREAS, Chapter 5.40 currently applies to events that are expected to attract
1,000 or more persons and where a charge or contribution is required for admission; and
WHEREAS, RCW 70.108 Outdoor Music Festivals provides that permits are required
for outdoor musical events where the predicted attendance is 2,000 persons or more and
where the duration of the program is five hours or longer; and
WHEREAS, the council desires to support smaller festivals and events that
contribute to Whatcom County's economy and support arts events in the community; and
WHEREAS, the council finds that the requirements for obtaining a permit may be
onerous for smaller events; and
WHEREAS, the council believes it is appropriate to raise the attendance threshold
for requiring a permit so that it matches the threshold provided for in state law.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that
Whatcom County Code Section 5.40.010 is hereby amended as shown in Exhibit A.
ADOPTED this 10th day of February , 2026
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Cathy ll�a, Clef cif tie ColTncll;`,
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APPROVED AS• F-L•81�tM
Kimberlv Thulin by email 1/23/26 (ks)
Civil Deputy Prosecutor
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
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K yle Galloway, Council Chair
WHATCOM COUNTY EXECUTIVE
W ATCOM COUNTY, HINGTON
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Satpal Sid u, County Executive
X) Approved ( ) Denied
Date Signed: 2, i% 'Z6
Exhibit A
Chapter 5.40
OUTDOOR MUSICAL ENTERTAINMENT, AMUSEMENTS AND ASSEMBLIES
Sections:
5.40.010 Permit required.
5.40.010 Permit required.
It is unlawful for any person, persons, organization, landowner, or lessor to allow,
encourage, organize, promote, conduct, permit or cause to be advertised an entertainment,
amusement, or assembly of persons wherein one of the primary purposes will be the
presentation of outdoor, live, or recorded musical entertainment, which said person,
persons, or corporation, organization, landowner or lessor believes or has reason to believe
will attract 12,000 or more persons, where the duration of the program is five hours or
longer, and where a charge or contribution is required for admission, unless a valid county
permit has been obtained for the operation of the assembly pursuant to RCW
Chapter 70.108, Outdoor Music Festivals. (Prior code § 4.12.010).