[Adopted 6-24-2011]
As used in this article, the following terms shall have the
meanings indicated:
All outdoor activities such as, but not limited to, weddings,
races, block parties, etc., held on Town and/or state property, including
but not limited to streets, parks, beaches and any Town public property.
Any event that requires closure of streets, closure of or allocation/reservation
of additional parking areas, the use of any Town public property,
and/or any outdoor events held in the commercial zone.
[Amended 12-11-2014]
The definition of "special event" shall not include any Town-sponsored
event.
[Added 12-11-2014]
Any event sponsored by a legally established nonprofit organization
or group of individuals that is sponsoring the event for community
benefit without making profit an intent and open to the public.
[Amended 12-11-2014]
A.
Permits for a special event or a nonprofit special event shall be
required for any outdoor event held on public property and/or any
outdoor event held on property in the commercial zone and shall be
issued only to a person 18 years of age or older. The person to whom
the permit is issued shall be held responsible for the conduct of
attendees, any activities in connection therewith and for satisfactory
restoration of any area(s) involved with or used in connection with
the special event.
B.
All special events are prohibited unless a written application therefor
is submitted to the Town Manager at least 30 days prior to the special
event.
C.
The Town shall require the applicant to complete a special event
application. A fee and deposit will be charged for all special events.
Such fees are set annually by resolution of the Town Council. There
shall be no fee charged for any nonprofit special event.
D.
Only two special events, with each anticipating attendance to reach
or exceed 75 people, shall occur on the same day. All special events
with attendance anticipated to reach or exceed 75 people shall be
required to have a Town police officer on site for the duration of
the special event with all costs associated therewith to be borne
by the applicant.
E.
Rules and regulations will accompany and be made a part of each special
event permit issued. Such rules and regulations shall be established
by resolution of the Town Council, which may be amended from time
to time in the Town Council's sole discretion.
F.
The applicant, upon application for a special event permit and upon
acceptance of any special event permit issued by the Town, agrees
to indemnify and hold the Town, its officers, members, agents and
employees harmless from any and all demands, claims, causes of action,
damages, injuries, liabilities, penalties and expenses (including
fees and disbursements of legal counsel) arising out of or resulting
in any manner from the special event held.
[Added 12-11-2014[1]]
A.
The Town Manager and Chief of the Fenwick Island Police Department
may deny or modify any special event permit.
B.
The Town Manager shall, within seven days, approve, deny and/or modify
the application.
C.
The applicant may appeal any denial and/or modification of the permit
by promptly filing with the Town Clerk a written notice setting forth
grounds for such appeal. Said appeal will be held before Town Council.
D.
The Town Manager shall inform Town Council and schedule a hearing
to consider said appeal.
E.
The decision of Town Council regarding an appeal shall be final.
[Amended 12-11-2014]
Any person who shall violate or fail to conform to any of the
provisions of this article shall be subject to penalties under this
section not exceeding $500 per violation for each day of violation,
as well as the Town's costs and expenses, including reasonable
attorneys' fees, incurred to enforce the provisions of this article
and/or to collect the penalties imposed hereunder. Penalties assessed
for a violation of this article shall be considered civil penalties
and any action brought for the recovery of the penalties by the Town
shall be brought in any civil court of competent jurisdiction.
B.
The provisions of Article II are severable. If any section, subsection, sentence, clause or phrase of this article or its application to any person or circumstance is held invalid by the decision of any court of competent jurisdiction, the remainder of this article shall remain in full force and effect.
