[HISTORY: Adopted by the Board of Selectmen of the Town of
Conway. Amendments noted where applicable.]
As provided for in RSA 286:1 and 286:2, a permit shall be required
for all special events in the Town of Conway, with the Board of Selectmen
as the licensing authority.
As used in this chapter, the following terms shall have the
meanings indicated:
For the purpose of this permit, nonprofit events shall be
defined as those events sponsored by a legally established nonprofit
organization or by a group of individuals that is sponsoring the event
for community benefit and without profit-making intent. All proceeds
shall serve nonprofit purposes and there shall be no profit for event
participants. Private for-profit organizations or individuals utilizing
nonprofit or public sponsors and facilities must be licensing applicant
and are subject to "for-profit" fees. (Note: In general, for-profit
events are not permitted at Town parks or facilities. In some cases,
however, events such as concerts or theatrical events may be allowed
by the Board of Selectmen.)
An event, whether indoors or outdoors, that is held on public
property or streets, nonprofit organization property, or nonresidential
private property that can reasonably be expected to cause a public
gathering that is not part of the normal course of business at the
location. To qualify as a special event, the event must not be permissible
or permittable by any other committee, board or officer of the Town
of Conway under Town ordinances, policies or bylaws.
The purpose of permitting for special events is to protect the
health, safety and public welfare of the general public. The special
events permit helps ensure that all parties, event participants, attendees,
neighbors, residents and passersby will not be inconvenienced and
that their health, safety and welfare will have been fully considered
and protected.
A.
The permit shall be for a specific special event at a designated
time and place. Each permit request requires the completion of an
application. Applications are available at the Conway Parks and Recreation
Department (447-5680) and on the Town webpage at www.conwaynh.org
and the Conway Recreation Department website at www.conwayrec.com.
[Amended 7-23-2019]
B.
All applications shall be submitted to the Conway Parks and Recreation
Department for review by the Board of Selectmen. Applications must
be received at least 60 days prior to the date of the proposed special
event. The Board of Selectmen may, however, accept such applications
if received more than 30 days prior to the date of event, if it determines
that sufficient time is available to thoroughly review the application.
Upon receiving an application, the Board of Selectmen may request
recommendations and advice from others pertaining to the issuance
of such permits. The actual permit for the special event will not
be issued or considered valid until all preconditions and/or exceptions
imposed for the special event have been satisfactorily completed or
arranged.
[Amended 7-23-2019]
C.
If any new exceptions or conditions are presented or otherwise sought
by the applicant within 14 days of the scheduled date of the special
event, such presentment may be considered a basis for invalidation
of the permit application.
D.
The applicant
is responsible for obtaining all approvals and signatures required
for this permit.
A.
Insurance. A certificate of general liability insurance in the amount
of $1,000,000 per occurrence is required for all events on public
property. The certificate shall explicitly name the Town of Conway
as an additional insured and must state the name and date of the event.
Depending on the nature of the event, other insurance may be required.
[Amended 7-23-2019]
B.
Permission from property owner.
(1)
Town properties may be used only by nonprofit entities or for events
sponsored by nonprofit organizations. For such events, the applicant
must submit an application for use of public streets, parks and facilities.
(2)
For special events held on private commercial property, proof of
permission from the landowner is required.
C.
Site maintenance.
(1)
It is the responsibility of the permittee to maintain the site in
an orderly and clean manner during the event. It is the further responsibility
of the permittee to clean up the entire area immediately following
the event.
(2)
The permittee is responsible and liable for any damages that occur
to Town buildings or the grounds from the permitted activity. Any
damages noticed prior to use should be reported to the Conway Parks
and Recreation Department.
D.
Event advertising. Advertising for special events must comply with
all applicable Town regulations and ordinances. In addition, specific
regulations apply to some special events and nonprofit capital project
fund-raising event advertising.
E.
Removal of promotional or directional signs. It is the responsibility
of the permittee to remove all informational and/or directional signs
that are permitted for this event on public rights-of-way within 24
hours following completion of the event.
F.
Police special duty. Special-duty police officers may be required for some events. The applicant must submit a special events police duty form to the Conway Police Department for review (603-356-5785). If special-duty officers are required, fees will be assessed to the permittee. (See police fees in § 110-7 below.)
G.
Requirements for parades. If the event is a parade on a state highway,
an approved state parade permit must accompany the application. The
application form is available at the Conway Parks and Recreation Department.
H.
Requirements for fireworks. A state permit is required for the display
of fireworks. The application form is available at the Conway Parks
and Recreation Department.
I.
Events in Conway Village or North Conway Village.
(1)
At their request, special events that will be held within the North
Conway Water Precinct or the Conway Village Fire District require
separate written approval of the fire departments within these jurisdictions.
Approvals are arranged through the following offices:
(2)
The approval form must be submitted with the Town application. Town
of Conway event applications will not be processed until all information,
including these approvals, has been received.
J.
Alcohol prohibited. The consumption of alcoholic beverages in any
form is prohibited on Town property.
K.
Additional requirements.
(1)
After an initial review of the application and depending on the size,
nature and scope of the event, the Board of Selectmen may determine
that additional information is necessary for the application to be
appropriately considered. Such additional information may include
but is not limited to the following:
(2)
The applicant will be advised of the requested information; and the
response to such request must be in writing, addressed to the Board
of Selectmen, reference the application number, and shall be considered
as part of the application.
A.
The permit may be revoked at any time if the applicant does not follow
the provisions of the permit and if the exceptions and conditions
in the permit have not been completed as specified. Revocation of
a permit will result in forfeiture of all deposits and fees.
B.
Further, any applicant that breaches the terms and conditions of
its permit or any of the exceptions and conditions imposed thereunder
shall be subject to a penalty provided under RSA 286:5, as amended.
[Amended 4-11-2017 ATM by Art. 29]
A.
Permit fees. Applicants shall be charged permit fees in an amount
set from time to time by the Board of Selectmen.
B.
Inspection fees. Inspections or site visits to notice permittee of
a violation of the permit may be required by the Town zoning, building,
or health officials. A fee as set from time to time by the Board of
Selectmen shall be charged. This applies to both nonprofit and for-profit
special events. These fees are not included in the special events
permit fee and the Town reserves the right to deduct inspection fees
from a permittee's security deposit.
C.
Police fees. If, in the opinion of the Police Chief, special-duty
police officers are required for the purpose of public safety at the
special event, a fee will be charged in an amount set from time to
time by the Board of Selectmen.
D.
Electrical fees. Events requiring electrical service are required
to cover the actual or estimated cost of such service.
E.
Trash removal fees. A fee will be charged to remove trash after a
special event. The trash removal fee can be avoided if the applicant
removes the trash itself.
F.
Field setup fees. Events at Town facilities or fields that require
Parks and Recreation Department staff to be present or to assist in
setup of a Town park will be charged a fee as set from time to time
by the Board of Selectmen.
G.
Sanitation fees. Any special event held at a Town park must have
portable toilets. Charges for the units will be set from time to time
by the Board of Selectmen. The Parks and Recreation Department will
determine the number of units needed based on expected attendance
at the event as listed on the special event permit.
H.
Fee waivers. As a general policy, fees are not waived.
I.
Security/Damage deposit. A security deposit in an amount determined
by the Board of Selectmen will be required of the applicant to ensure
compliance with the terms and conditions of this permit, as generally
allowed per RSA 286:4-a.
The purpose of this policy is to protect property values and
the area's natural resources that provide the basis for the Town's
tourist economy. This policy also encourages uses that are visually
and aesthetically consistent with rural living and a tourism economy
and serves to promote the health, safety and general welfare of the
community.
Only those special events that are approved by the Board of
Selectmen and that are expected to attract more than 1,000 people
to the Town of Conway are eligible for a special event advertising
permit. In certain circumstances, special events in neighboring towns
may also be eligible. In the latter case, it shall be the responsibility
of the applicant to provide supporting documentation that the special
event will provide a substantial benefit to the Town of Conway and
the Mount Washington Valley.
A special event advertising permit approved by the Code Compliance
Officer and Board of Selectmen is required. A permit application must
be submitted no later than 30 calendar days prior to the commencement
of the advertising. A denial of a permit may be appealed to the Board
of Selectmen no later than 15 calendar days prior to the commencement
of the fund-raising effort.
A.
Two forms
of advertising are permitted.
B.
Special
event advertising may only be affixed to the following utility poles:
North Conway Village - New Hampshire Electric Cooperative utility
pole numbers 17-9, 13, 14, 16, 18, 20, 22, 80-87, 89, 90, 92 and 93,
located between Grove Street and Pine Street in North Conway Village.
C.
The applicant
must include a letter from the appropriate utility company(ies) granting
permission to affix banners to the utility poles.
D.
Advertising
banners shall be designed to complement the rural and resort character
of the area (color, shape, graphic display, banner material, etc.).
E.
Banners
shall not create any nuisance to vehicles or pedestrians.
F.
The only
lettering permitted on such banners shall be the name and dates of
the event. Corporate or business logos (whether event sponsors or
not) shall not be permitted on the banners.
G.
The special
event advertising permit shall be valid for a period not to exceed
15 days. Advertising may be displayed up to eight days prior to the
event. Advertising shall be removed within 48 hours of the end of
the event.
H.
Pertinent
documentation, including photographs or drawings of the proposed banners,
is to be included with the application.
[Amended 4-11-2017 ATM by Art. 29]
Fees and deposits shall be set from time to time by the Board
of Selectmen. The required deposit is refundable, provided the advertising
is removed by the applicant within 48 hours after the event. It shall
be the applicant's responsibility to erect and remove all advertising.
