Town of Bethany Beach, DE
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Bethany Beach 3-20-2009 by Ord. No. 451. Amendments noted where applicable.]
GENERAL REFERENCES
Commercial activities and concessionaires — See Ch. 123.
Beach — See Ch. 223.
Boardwalk — See Ch. 229.
Peace and good order — See Ch. 282.

§ 72-1 Applicability; exemptions.

[Added 3-19-2010 by Ord. No. 454]
This chapter shall not apply to any Town-sponsored entertainment program or to any Town-authorized concession, and such programs or concessions shall be exempt from all provisions of this chapter.

§ 72-2 Registration.

In order to insure that use of the bandstand and plaza is coordinated, no person or group shall make use thereof for any type of public address, program, display, or demonstration (each and all hereafter "public address") without first registering with the Town Manager's office. Any person desiring to register to make use of the bandstand and/or plaza for such purpose shall provide the Town Manager's office with the following information:
A. 
Name and address of person or group desiring to make use thereof. If a group, the name and address of the person(s) authorized to represent such group.
B. 
Photo identification (e.g., driver's license, military I.D., passport).
C. 
Nature and duration of intended presentation, including general subject(s) or topic(s) and format (e.g., speech, debate, performance, display).
D. 
If the public address is intended to be directed primarily to the members of a particular organization, the name of that organization and the number of persons from that organization anticipated to be in attendance (by way of illustration: "Boy Scout Troop 29, 15 members likely to attend").
E. 
If the person or group intends to utilize the bandstand and/or plaza to make a public address to an organization, and in excess of 100 members of that organization are expected to attend, permission to use the bandstand/plaza shall not be granted unless and until the applicant shall have complied with the provisions of § 72-10 hereafter.
[Amended 3-19-2010 by Ord. No. 454]

§ 72-3 Time restrictions.

[Amended 3-19-2010 by Ord. No. 454]
A. 
Cumulative time restrictions. In order to avoid the too-frequent use of the Town bandstand and plaza, the total number of hours per day which the bandstand or plaza may be used by all private citizens or groups (other than Town-sponsored entertainment or Town-authorized concessions) to make any public address shall be three hours.
B. 
Individual time restrictions. Except for Town-sponsored entertainment or Town-authorized concessions, no person or group may use the Town bandstand or plaza for purposes of making any public address:
(1) 
Between the hours of 10:00 p.m. and 10:00 a.m. prevailing time.
(2) 
At any time the Town bandstand and/or plaza is scheduled for use for a Town-sponsored event or by another person or group.
(3) 
For more than two hours a day.
(4) 
For more than two days a week.

§ 72-4 Place restrictions.

All use of the Town bandstand and plaza by any person or group making a public address shall be kept within the bandstand and plaza.

§ 72-5 Manner restrictions.

All use of the Town bandstand and plaza by any person or group making a public address shall be subject to the following:
A. 
No electrical amplification equipment may be utilized (e.g., loudspeakers, amplifiers, bullhorns).
B. 
No electrical generating equipment may be utilized (e.g., gasoline-powered electrical generator).
C. 
No artificial lighting may be utilized beyond that artificial lighting permanently located and in normal use in and around the bandstand/plaza area.
D. 
No audio-visual equipment may be utilized (e.g., movies, videos, projection screens, slide-shows).
E. 
Prior to making use of the bandstand and plaza, an individual authorized by the user shall inspect them in the company of a Town employee and shall execute a written agreement which acknowledges the condition of the bandstand and plaza, noting any existing damages, and accepts responsibility for cleanup and damage to the facilities which occur as a result of such use. Promptly following the completion of such use, a Town employee shall conduct another inspection to identify any damage to or cleanup of the facilities caused by such use. An individual authorized by the user may accompany the Town employee for such post-use inspection.

§ 72-6 Special events.

[Added 3-19-2010 by Ord. No. 453]
A. 
A "special event," defined exclusively for use within this section, is an event which:
(1) 
Occurs no more than once in any given calendar year; and
(2) 
By reason of the nature of the event and the number of anticipated participants, cannot be reasonably accommodated under the "time" and "manner" restrictions set forth in §§ 72-3 and 72-4 above. By way of example and not in limitation, the nature of the event may require a greater amount of time than normally permitted (e.g., a walk-a-thon starting and/or ending at the bandstand) or a scheduled time outside the normal time restrictions (e.g., a sunrise or sunset meeting or service).
B. 
Anything in §§ 72-3 and 72-4 hereof to the contrary notwithstanding, any event qualifying as a special event under this section shall be subject to the following time and manner restrictions:
(1) 
Individual time restrictions. No special event shall take place:
(a) 
Between the hours of 10:00 p.m. and 6:00 a.m.
(b) 
At any time the Town bandstand and/or plaza is scheduled for use by a Town-sponsored event, a Town-authorized concession, or by another person or group.
(c) 
For more than eight consecutive hours in one day.
(d) 
For more than one day during a calendar year.
(2) 
Manner restrictions.
(a) 
Amplification equipment (e.g., public address systems, loudspeakers, bullhorns, amplifiers) may be utilized where the special event is reasonably anticipated to involve such number of participants as to reasonably require the use of amplification equipment to effectively communicate instructions, information, or music to participants in the event; provided that the volume of sound produced by such amplification equipment shall not unreasonably exceed that volume necessary to accommodate all persons participating in the event and located within the bandstand and plaza, and the volume of sound shall be monitored and adjusted to accommodate the size of the group within the bandstand and plaza without being unnecessarily audible beyond that area of the bandstand and plaza occupied and in use by the group's participants.
(b) 
No electrical generating equipment may be utilized (e.g., gasoline-powered electrical generator). Amplification equipment shall be powered by electricity provided by the Town or by batteries supplied by the applicant.
(c) 
Artificial lighting for illumination may be utilized (in addition to the artificial lighting located and in normal use in and around the bandstand/plaza area), but such lighting shall be shielded and directed so as to not unnecessarily illuminate areas or buildings lying outside the bandstand and plaza. Flashing, pulsing, or rotating lights are prohibited.
(d) 
No audio-visual equipment may be utilized (e.g., television monitors, movies, videos, projection screens, slide-shows).
(e) 
A written agreement shall be required for all special events as provided in Section 4(e).

§ 72-7 Cleanup and removal.

Any person or group making a public address at the Town bandstand and/or plaza shall be responsible, promptly upon the conclusion of such public address, for cleaning up and removing from the bandstand and plaza all papers and other materials that were used, or distributed by, the person(s) making the address and which are left lying about the bandstand and plaza by the participants and/or onlookers following the conclusion of the address. In the event such cleanup is not performed, the Town will perform the cleanup and bill the person or group responsible for the cost thereof. Payment shall be due within 10 days. Any person or group may appeal such charge at the next regularly scheduled Town Council meeting by providing the Town Manager's office with written notice of such appeal within the aforesaid 10 days.

§ 72-8 Responsibility for damage to Town facilities.

Any damage to any Town-owned facilities located at the bandstand and/or plaza caused by the person(s) or group making use thereof for a public address shall be the responsibility of the person(s) and/or group causing such damage. Such person or group shall remit payment to the Town for the cost of repairing or replacing such damaged facilities within 10 days of receipt of written notice from the Town setting out the nature of the damage and the cost to repair same. Any person or group may appeal such charge at the next regularly scheduled Town Council meeting by providing the Town Manager's office with written notice of such appeal within the aforesaid 10 days.

§ 72-9 Bond.

[Amended 3-19-2010 by Ord. No. 454]
In the event that any such person or group fails to (1) clean up and remove all papers and other materials left lying about the bandstand and plaza in accordance with § 72-7, or (2) reimburse the Town for the cost to repair or replace damaged facilities in accordance with § 72-8, such person(s) or group shall not be permitted to make use of the Town bandstand and/or plaza again until such person(s) or group reimburses the Town for the Town's cost to clean up and/or to repair damaged facilities, and posts a secured bond with the Town in an amount equal to 300% of the amount of the Town's cost to clean up or make repairs from the prior public address by that person or group.

§ 72-10 Security; indemnity; insurance.

Where any person or group intends to utilize the bandstand and/or plaza to make a public address to an organization, and in excess of 100 members of that organization are expected to attend, the person or group proposing to make the public address shall:
A. 
Pay the Town its actual costs to have a police officer on site at the plaza to protect public safety and insure good order; and
B. 
Indemnify the Town against any and all claims for damages for injuries to persons or property arising out of or connected with the public address; and
C. 
Provide the Town with proof of liability and property damage insurance (commonly known as "public gathering insurance") in the minimum amount of $300,000.

§ 72-11 Violations and penalties.

Any person or group convicted of violating any provision of this chapter by any court of competent jurisdiction shall pay such fine as set out in the Town's Schedule of Fees and Penalties. Unless and until modified by the Town Council, the amount of the fine shall be $100, plus costs and Victims Compensation Fund Assessment.