[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:
Any group or groups of persons participating in or listening to musical
entertainment in open spaces and not in a permanent structure.
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.
