[HISTORY: Adopted by the Town Council of
the Town of Louisa 5-28-1981 as Ch. 3, Art. II, of the 1981 Code.
Amendments noted where applicable.]
This chapter is enacted for the purpose of providing
necessary regulation for the conducting of musical or entertainment
festivals conducted in open spaces not within an enclosed structure
and of any gathering or group of individuals for the purpose of listening
to or participating in entertainment which consists primarily of musical
renditions conducted in open spaces not within an enclosed structure
in the interest of the public health, safety and welfare of the citizens
and inhabitants of the Town.
As used in this chapter, the following term
shall have the meaning indicated:
Any gathering of groups or individuals for the purpose of
listening to or participating in entertainment which consists primarily
of musical renditions conducted in open spaces not within an enclosed
structure.
[Amended 6-18-1991 by Ord. No. 1991-1; at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
No person shall stage, promote or conduct any
musical or entertainment festival in the Town unless there shall have
been first obtained from the Town Council a special entertainment
permit for such festival.
[Added 6-18-1991 by Ord. No. 1991-1]
Fees for special entertainment permits shall
be as established by Town Council. Fire departments, rescue squads,
agricultural fairs, service clubs, entertainment sponsored by local
schools or any event in which the participants are all school students
or any other local charitable or nonprofit organization are exempt
from the fee requirements herein set forth.
[Amended 6-18-1991 by Ord. No. 1991-1; at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Application for a special entertainment permit
issued under this chapter shall be, in writing, on forms provided
for such purpose and filed in duplicate with the Town Clerk at least
45 days before the date of such festival. Such applications shall
have attached thereto and made a part thereof the plans, statements,
approvals and other documents required by this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The Town Council shall act on permit applications
within 10 days from the date on which the application is considered.
If granted, the permit shall be issued, in writing, on a form for
such purpose and mailed by the Town Clerk to the applicant at the
address indicated. If denied, the refusal shall be in writing and
the reasons for such denial stated therein and mailed by the Town
Clerk to the applicant at the address indicated.
Such permit shall not be issued unless the following
conditions are met and the following plans, statements and approvals
are submitted to the Town Council with the application:
A.
The application for a special entertainment permit
shall have attached to it a copy of the ticket or badge of admission
to such festival, containing the date and time of such festival, together
with a statement by the applicant of the total number of tickets to
be offered for sale and the best reasonable estimate by the applicant
of the number of persons expected to be in attendance.
B.
A statement of the name and address of the promoters
of the festival, the financial backing of the festival and the names
of all persons or groups who will perform at such festival.
C.
A statement of the location of the proposed festival,
the name and address of the owner of the property on which such festival
is to be held and the nature and interest of the applicant therein.
D.
A plan for adequate sanitation facilities and garbage,
trash and sewage disposal for persons at the festival. This plan shall
meet the requirements of all state and local statutes, ordinances
and regulations and shall be approved by the Health Officer.
E.
A plan for providing food, water and lodging of the
persons at the festival. This plan shall meet the requirements of
all state and local statutes, ordinances and regulations and shall
be approved by the Health Officer.
F.
A plan for adequate medical facilities for persons
at the festival, approved by the Health Officer.
G.
A plan for adequate parking facilities, crowd control
and traffic control in and around the festival area, approved by the
Chief of Police.
H.
A plan for adequate fire protection. This plan shall
meet the requirements of all state and local statutes, ordinances
and regulations and shall be approved by the Town Fire Chief.
I.
A statement specifying whether any outdoor lights
or lighting is to be utilized and, if so, a plan showing the location
of such lights and shielding devices or other equipment to prevent
unreasonable glow beyond the property on which the festival is located.
J.
A statement that no music shall be played, either
by mechanical device or live performance, in such manner that the
sound emanating therefrom shall be unreasonably audible beyond the
property on which the festival is located.
All permits issued under this chapter shall
be nonassignable and nontransferable. No permit shall be issued unless
the applicant shall furnish to the Town Council written permission
for the Town Council, its lawful agents or duly constituted law enforcement
officers to go upon the property at any time for the purpose of determining
compliance with the provisions of this chapter. The Town Council shall
have the right to revoke any permit issued under this chapter upon
noncompliance with any of its provisions and conditions.
Music shall not be rendered nor entertainment
provided for more than eight hours in any twenty-four-hour period.
Such twenty-four-hour periods shall be measured from the beginning
of the first performance at such festival.
The provisions of this chapter shall be liberally
construed in order to effectively carry out the purposes of this chapter
in the interest of the public health, welfare and safety of the citizens
and residents of the Town.
[Amended 6-18-1991 by Ord. No. 1991-1]
Except as otherwise specifically provided in this chapter, any person, firm or corporation committing an offense against any provision of this chapter shall, upon conviction thereof, be punishable as provided in § 1-6, General penalty, of the Code of the Town of Louisa.
