The intent of this article is to:
A. Promote the general health, safety and welfare of
the community.
B. Establish guidelines under which special events may
be held.
C. Promote the economic well-being of the community through
the orderly attraction of people to special events.
D. Ensure that Town personnel are adequate to provide
proper services for a special event by having ample time to prepare.
E. Ensure that any incremental or extraordinary costs
to the Town are borne by the promoter or organizer of the event necessitating
such cost.
As used in this article, the following terms
shall have the meanings indicated:
APPLICANT
The person or persons, organization, partnership or corporation
required to apply for a permit under this article.
SPECIAL EVENT
Any public assembly or gathering of people which may, because
of the location, time or anticipated number of persons involved, be
reasonably expected to have a significant effect upon the ordinary
use of the public streets, rights-of-way, sidewalks, boardwalk, beach
or any other public areas. By way of example and not in limitation,
"special event" includes fairs, festivals, parades, motorcades, bicycle
rides/races, rallies, marches, processions, walking events and concerts.
Private social gatherings on private property are not included.
The Town Manager may deny or modify a special
event permit for any of the following reasons:
A. The event will significantly disrupt traffic within
the Town, and no practical solution to such disruption is reasonably
available.
B. The event will significantly interfere with access
to or egress from the fire station such that the ability of the Fire
Department to promptly respond to emergencies would be jeopardized.
C. The location of the special event will cause undue
hardship to adjacent businesses, residents and/or property owners.
D. The event will require the diversion of Town employees
which would unreasonably deny service to the remainder of the Town.
E. The event will interfere with a previously scheduled
event.
F. The applicant has submitted materially incomplete
or false information.
G. Any other articulable content-neutral reason narrowly
designed to advance a compelling and legitimate Town interest with
regard to the special event.
The applicant shall pay a fee as provided in
the fee schedule on file and available for inspection in the Town
Office for an activity for which a permit is required. The fee shall
be paid with the application for the permit and shall be nonrefundable.
[Amended 10-15-2010 by Ord. No. 458]
The approval of the Town Manager of an application
for a special event permit may be made contingent upon the applicant
providing the Town a certificate of liability insurance for general
liability with minimum limits of $500,000 per person, $1,000,000 per
occurrence for bodily injury or death and $25,000 for property damage,
which policies shall show the Town of Bethany Beach and its officers,
agents, and employees as additional insureds, and which shall require
30 days’ written notice to the Town of Bethany Beach prior to
cancellation. In determining whether or not to require insurance under
this section, the Town Manager shall consider, among other things,
the availability of such insurance in the community, the size and
nature of the event, the likelihood of harm to the participants and/or
spectators and the financial ability of the applicant to pay for such
insurance.
No permit shall be issued authorizing any special
event where a significant or substantial purpose of the event is the
sale or advertising of any product, goods, wares, real estate or merchandise
for private gain or profit; provided, however, that this section shall
not be construed to prohibit the issuance of a special event permit
for the Annual Bethany Beach Boardwalk Arts and Crafts Festival sponsored
by the Bethany-Fenwich Area Chamber of Commerce.
No person(s) shall knowingly disrupt or interfere
with any duly permitted special event.
A permit issued under the provisions of this
article may be revoked or suspended by the Town Manager, without prior
notice, for any of the following causes:
A. Fraud, misrepresentation or a material and significant
incorrect statement contained in the application for the permit or
made in the course of promoting the special event.
B. Failure to comply with any provision of this article.
C. Conducting the special event in an unlawful manner
or in such a manner as to constitute a breach of the peace or to constitute
a menace to the health, safety or general welfare of the public.
[Amended 2-17-2006 by Ord. No. 407]
Any person violating any provision of this article shall, in addition to other enforcement remedies and/or sanctions available to the Town, pay, upon conviction, such fines as set out in Chapter
1, General Provisions, Article
I, Penalties. Each day of a continuing violation shall constitute a separate violation.