[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.
As used in this article, the following terms
shall have the meanings indicated:
The person or persons, organization, partnership or corporation
required to apply for a permit under this article.
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 a significant effect 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, 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.
(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.
[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.
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]
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.
No person(s) shall knowingly disrupt or interfere
with any duly permitted special event.
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.
