[Adopted 2-18-2000 by Ord. No. 342 (Ch. 175, Art. XII, of the 1992 Code)]
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.
[Amended 11-15-2024 by Ord. No. 569]
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 an impact 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, day camps, rallies, marches, processions, walking events and concerts. Private social gatherings on private property are not included.
A. 
All special events are prohibited unless written notice and an application containing the following information is given to the Town Manager at least three working days before the special event is to take place:
(1) 
The character, time, duration and place thereof; if the special event is to be a parade, procession or similar moving assembly, the proposed route thereof.
(2) 
The names and addresses of the persons responsible for the special event.
(3) 
The purpose of the event and the estimated number of persons and vehicles expected to participate.
(4) 
The names of the participating organization and officers of the organization.
B. 
The Town Manager shall, within two working days:
(1) 
Approve the application and issue a permit.
(2) 
Deny the application in accordance with the standards set out in § 282-30.
(3) 
Approve the application and issue a permit with specified limitations with respect to day, time, duration, location or other reasonable limitations, including payment for the Town's incremental costs necessary to provide those public services necessitated by the special event; provided that such incremental costs shall not include the cost of providing police protection to participants or the public necessitated by the potential for hostile response to the special event.
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.
A. 
Any person aggrieved by the action of the Town Manager in denying, modifying or revoking a permit may appeal to the Town Council by promptly filing with the Town Clerk a written statement setting forth fully the grounds for such appeal. Upon receipt of the written appeal, the Town Clerk shall set a time and place for hearing such appeal and shall immediately notify the applicant of such hearing by telephone and United States mail, postage prepaid, to the applicant at the address provided by the applicant to the Town, or such notice shall be delivered by a police officer in the same manner as a summons at least three days prior to the date set for the hearing.
B. 
At such hearing, the applicant and the Town Manager shall be entitled to present such evidence and arguments as they deem appropriate in support of their respective positions; to cross-examine witnesses; to be represented by legal counsel; and to request that witnesses be sworn. The hearing shall be tape recorded, and the Town Council shall articulate the reasons for its decision. Strict rules of evidence shall not apply to the conduct of such hearing, but the Town Council may hear and consider any relevant evidence which a reasonable person, in making important decisions in his/her own life, would consider and rely upon in making such decisions.
C. 
The decision of the Town Council regarding an appeal shall be final.
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 10-15-2010 by Ord. No. 458[1]]
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Cleanup. The applicant shall be responsible for the removal of all debris, litter and equipment generated or caused by a special event within 24 hours of the event's conclusion. If said debris, litter and equipment are not removed, as required herein, the Town shall have the authority to remove it at the expense of the applicant.
B. 
Permit expiration. The permit shall set forth the time period for which the permit is issued. The time period for which the permit is effective shall include a reasonable period of time to allow the applicant to clean up from the special event. The permit shall expire at the end of the time period specified in the permit. The incremental cost of any Town personnel who are specifically required for cleanup following the expiration of the special event permit shall be the responsibility of the applicant.
C. 
If, because of the nature, size or duration of the special event, the Town Manager reasonably concludes that the cost of cleanup after the special event will exceed $2,500, the Town Manager may require, as a condition of issuing the permit, that the applicant deposit with the Town, in the form of cash, letter of credit or performance bond, an amount to be determined by the Town Manager. Such deposit shall be returned to the applicant without interest no later than five working days after the conclusion of the special event, provided that the applicant has satisfied its cleanup obligations under Subsections A and B above. In the event that the applicant fails to satisfy such obligations, the Town Manger may use all (or as much as reasonably necessary) of the deposit to effect satisfactory cleanup.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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.
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.