Wicomico County, MD
 
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the County Council of Wicomico County 8-18-1970 by Ord. No. 32. Amendments noted where applicable.]
STATUTORY REFERENCES
Outdoor musical festivals - See the Business Regulations Article of the Annotated Code of Maryland.
Under and by virtue of the authority contained in Article 25 of the Annotated Code of Maryland (1957 Edition) and amendments thereto and Article 25A of the Annotated Code of Maryland (1957 Edition) and amendments thereto, and further for the protection and promotion of health, safety, comfort and general welfare of the citizens of Wicomico County, the following rules, regulations and provisions are enacted, adopted and established.
As used in this chapter, the following terms shall have the meanings indicated:
OUTDOOR MUSICAL FESTIVAL
Any group or groups of persons participating in or listening to musical entertainment in open spaces and not in a permanent structure.
PROMOTER
The organizer, operator, producer or the person or persons or corporation staging the outdoor musical festival; and the owner, tenant and lessee of the land upon which the outdoor musical festival is performed.
[Amended 10-17-2006 by Bill No. 2006-11]
No promoter shall hold or conduct any outdoor musical festival without first obtaining a permit, hereinafter called a "special entertainment permit," from the Director of Administration of Wicomico County, Maryland.
[Amended 10-17-2006 by Bill No. 2006-11]
The Director of Administration shall not issue a special entertainment permit until the following provisions and requirements shall have been met:
A. 
Application for said permit shall be made to said Director of Administration at least 21 days prior to the outdoor musical festival. Said application shall be submitted in duplicate to said Director of Administration and shall contain the plans, statements, bonds and assurances as hereinbelow required.
B. 
The Director of Administration is hereby required to approve or disapprove said application within 10 days from the receipt thereof.
C. 
In the event same shall be disapproved, the Director of Administration shall notify the promoters immediately by registered mail and shall inform them of the reasons for said disapproval.
Application for a special entertainment permit, as above required, shall contain the following attachments:
A. 
A ticket or badge of admission to said outdoor musical festival, a statement of the total number of tickets offered or to be offered for sale and the number of spectators expected to attend.
B. 
The names and addresses of the promoters as hereinabove defined, the financial resources of said festival and the names of the performers at said festival.
C. 
The proposed location of the festival and the owners, tenants and lessees of said property.
D. 
A plan for adequate sanitary facilities, which plan must comply with all state and county ordinances and must be approved by the Wicomico County Health Department.
E. 
A plan for the furnishing of food, lodging and water, which plan must be approved by the Wicomico County Health Department.
F. 
A plan for providing adequate medical facilities.
G. 
A plan for providing adequate parking facilities and vehicular movement to and from said premises, which plan shall be approved by the Sheriff of Wicomico County.
H. 
A plan for providing adequate fire protection, which plan shall be approved by the Fire Marshal of Wicomico County.
I. 
In the event outdoor facilities shall be used, a plan shall be submitted to provide shielding devices to minimize the effect of lights on adjoining properties and roads.
J. 
A statement providing that no music played shall be unreasonably audible beyond the property lines of the subject property.
K. 
A statement and condition that no music shall be played for more than four hours during any twenty-four-hour period, which 24 hours shall be computed from the time the initial music is played.
L. 
A statement and condition that no person under 18 years of age shall attend said festival unless accompanied by a parent, which parent shall remain with said minor during the entire performance.
M. 
Written permission authorizing duly constituted law enforcement officers to be admitted to the premises during said performance for the purpose of enforcing the provisions of this chapter.
No promoter shall conduct said festival, nor shall anyone perform at said festival, unless and until a special entertainment permit as provided herein shall be secured; and no promoter shall conduct said festival, nor shall any person perform therein unless all provisions of this chapter have been fully complied with; and any person, promoter or corporation who organizes, operates, produces, stages or permits an outdoor musical festival to be organized, operated, produced or staged without having first obtained the required permit shall be guilty of a misdemeanor and be fined not more than $1,000 and may be imprisoned for not more than one year or both, and each violation shall be a separate offense for the purposes hereof.[1]
[1]
Editor's Note: Former § 110-7, Emergency measure, which immediately followed this section, was repealed 10-17-2006 by Bill No. 2006-11.