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Town of Fenwick Island, DE
Sussex County
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[Adopted 6-24-2011]
As used in this article, the following terms shall have the meanings indicated:
A. 
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.
B. 
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]
C. 
The definition of "special event" shall not include any Town-sponsored event.
[Added 12-11-2014]
SPECIAL EVENT, NONPROFIT
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.
[1]
Editor's Note: This ordinance also redesignated former § 116-11, Violations and penalties, as § 116-12 and former § 116-12, Applicability; severability, as § 116-13.
[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.
A. 
The provisions of this article are in addition to, and not in derogation of, the provisions of any other applicable laws, including but not limited to the provisions of Chapter 73 (Burning, Outdoor), Chapter 77 (Disorderly Conduct) and Chapter 107 (Noise).
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.