[HISTORY: Adopted by the Harford County Council: Art. I, by Bill No. 76-67.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fire lanes — See Ch. 127.
Licenses and permits — See Ch. 157.
Littering — See Ch. 161.
Peace and good order — See Ch. 193.
[1]
Editor's Note: This legislation was included as Ch. 3, Art. IV, of the 1978 Code.
[Adopted by Bill No. 76-67]
The licensing requirement, as set forth in this chapter, is created for the purpose of protecting the health, safety and general welfare of the community.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
CONCERT
A musical performance by voice or several voices or by any type of musical instrument, or both, held on privately owned property.
DEPARTMENT
The Department of Inspections, Licenses and Permits.
DIRECTOR
The Director of the Department of Inspections, Licenses and Permits or the Director's designee.
[Amended by Bill No. 18-004]
OWNER
Any person in whom is vested the ownership, dominion or title of property, whether by fee simple deed, sublease or any form of deed, right or agreement.
SPECTATOR
A member of a gathering of one thousand (1,000) or more persons who are in attendance for the purpose of viewing or hearing a concert.
A. 
It shall be unlawful for any concert to be held, conducted or performed before a gathering in excess of two thousand (2,000) spectators unless the owner of the property where the concert is to be performed has been granted a permit pursuant to the provisions of this chapter. Permits, once granted, shall be effective only for the period of time for which the concert is to be held, conducted or performed, not to exceed ten (10) consecutive days, unless revoked in accordance with the procedure set forth in this chapter.
B. 
A permit fee of five hundred dollars ($500.) shall be paid at the time of filing the permit. The owner shall post a cash bond with the county in the amount of one dollar ($1.) for each person anticipated to attend the concert as finally determined by the Director. In any event, the bond requirement is a minimum of five thousand dollars ($5,000.).
[Amended by Bill No. 18-004]
A. 
Application for a permit pursuant to this chapter shall be on forms furnished by the Department of Inspections, Licenses and Permits, shall be signed by the owner and filed with the Department and shall contain, in addition to any other information required by any of the reviewing agencies, the following:
(1) 
The name and address of the owner of the premises wherein or upon which the concert is to be held.
(2) 
The number of persons who can be accommodated in or on the concert site.
(3) 
A statement that the owner has the available means to safely control the number of persons expected to attend the concert and a detailed description of such means of control.
(4) 
A detailed description of the public water and sewer facilities at the site of the concert to accommodate the number of persons expected to attend.
(5) 
Site plans showing the location of all facilities required, such as parking, performance stand, audience location, movement patterns and traffic flows.
(6) 
The number of persons expected to attend the concert. This number may be changed by the Director of the Department based upon the recommendation of any reviewing agency.
(7) 
Medical facilities to be provided or used to serve the anticipated number of people attending the concert.
(8) 
A listing of the names of the attractions and the names and addresses of the principal performers scheduled to appear at the concert. The permit granted shall only be effective as to the attractions and principal performers listed on the application, and, if any changes are made or additional attractions or principal performers are added, a new application must be made with respect to those attractions or principal performers.
(9) 
Appended to the application, 2 copies of detailed construction plans for any improvement structure or facility that has been or will be constructed and utilized for the concert.
(10) 
A detailed statement describing the musical instruments and all sound-reproduction equipment and systems.
B. 
An application for a permit pursuant to this chapter shall be filed 60 calendar days prior to the concert date. Should an applicant fail to file an application 60 calendar days prior to the concert, the Department may accept the application and issue a permit; however, the applicant is deemed to have waived the right to notice and a hearing.
A. 
Upon receipt of an application pursuant to this chapter, the Department shall forward a copy of this application to and request from the following agencies, who must reply within 30 days to the Department. Each agency may recommend approval, disapproval or approval with conditions.
[Amended by Bill No. 21-027]
(1) 
The County Sheriff's Office.
(2) 
The Department of Public Works.
(3) 
The Department of Health.
(4) 
The Fire Marshal.
(5) 
The Department of Planning and Zoning.
(6) 
The Health Planning Commission.
(7) 
The Department of Inspections, Licenses and Permits.
B. 
The Sheriff's Office shall include in its report:
[Amended by Bill Nos. 18-004; 21-027]
(1) 
The past history, if any, of the principal performers at any proposed concert within the United States with respect to violence or disturbances associated with their performances, stating the source of the information, frequency of disturbances and the amount of individual and property damage.
(2) 
The ability of the applicant to control the anticipated number of persons to attend the concert and associated traffic problems.
(3) 
The adequacy of the concert location as it relates to the anticipated number of persons to attend the concert.
(4) 
A record of any and all arrests made at the property during any event which was open to the public.
C. 
The Department of Public Works shall include in its report:
(1) 
The adequacy of county traffic facilities as they relate to the anticipated number of persons to attend the concert.
(2) 
The adequacy of parking facilities based on one (1) space for each three (3) persons anticipated to attend.
D. 
The County Department of Health shall report on:
(1) 
The adequacy of public water and sewage facilities and other public facilities to be provided, in accordance with the following standards:
(a) 
Water supply: three (3) gallons of potable water per person per day with an adequate distribution system provided.
(b) 
Sewage disposal: one (1) flush toilet facility per one hundred (100) persons.
(c) 
Solid waste: provisions for the collection of twenty-seven (27) cubic feet of solid waste per day per one hundred (100) persons. The waste must be disposed of daily.
(2) 
The adequacy of plans and facilities for the providing of food service in accordance with existing State Department of Health and Mental Hygiene regulations.
(3) 
The adequacy of plans to control noise pollution as required by the State Department of Health and Mental Hygiene regulations.
E. 
The Fire Marshal shall report on any problems which might be associated with fire fighting at the concert due to location, anticipated number of attendees, facilities, water sources and any other pertinent facts concerning firesafety.
F. 
The Department of Planning and Zoning shall include in its report whether or not the use is a principal permitted use or that the requisite zoning permit or authorization has been granted as provided for by the county zoning laws.[1]
[1]
Editor's Note: See Ch. 267, Zoning.
G. 
The Department of Inspections, Licenses and Permits shall report on the adequacy and safety of the improvements, structures and facilities to be utilized for the concert and shall report on the sound systems to be utilized, including whether or not the sound will annoy, disturb, injure or endanger, or will tend to annoy, disturb, injure or endanger, the health, comfort, peace, safety or general welfare of neighboring persons or the general public.
H. 
The Health Planning Commission shall report on all matters regarding the provision of health and medical services at the location and the ability of the health and medical facilities servicing the county to provide adequate service to the anticipated number of attendees.
A. 
Upon receipt of an application by the Department of Inspections, Licenses and Permits, the Director shall decide to grant or deny the permit within sixty (60) days. If denied, the Director of the Department shall state his reasons for such denial in writing. The permit shall not be issued until the required bond is posted with the county.
B. 
All permits applied for shall be granted, unless the Director finds:
(1) 
That one (1) or more of the principal performers scheduled to appear have a past history, within the prior six (6) months, of violence and associated damage to person or property such as would reasonably indicate a likelihood of violence resulting from his or their performance.
(2) 
That inadequate improvements, structures or facilities are planned at the concert location.
(3) 
That the property wherein the concert is to be held has insufficient parking facilities to handle the anticipated number of persons to attend the concert and that fire lanes may be blocked by automobiles unable to park within the facilities furnished.
(4) 
That inadequate police protection or security exists.
(5) 
That a violation of zoning laws exists.
(6) 
That inadequate medical facilities exist.
(7) 
That there are inadequate public roads to handle the anticipated people attending the concert.
(8) 
That the music is to be played by mechanical device or live performance in such a manner that the sound emanating therefrom shall be audible beyond the property line of the owner in a manner that will annoy, disturb, injure or endanger, or will tend to annoy, disturb, injure or endanger, the health, comfort, peace, safety or general welfare of neighboring persons or the general public.
(9) 
That there were 3 or more arrests, on violations of the Maryland Controlled Dangerous Substances Act, that all occurred at one prior public event on this same property. If so, the Director shall follow the procedure under § 1-22 of this Code for denial of a permit.
[Added by Bill No. 18-004]
[Amended by Bill No. 76-108]
A. 
If, for any reason affecting the public health, safety or welfare or for noncompliance with this chapter or conditions in the permit, the Director of the Department of Inspections, Licenses and Permits is of the opinion that a permit granted pursuant to this chapter should be revoked, he may revoke the permit.
B. 
The Director shall retain the bond required by this chapter for a period of thirty (30) days after the concert has terminated. In the event that the owner fails to remove all trash, debris or residue and to repair any damage to personal property, real property, crops or livestock belonging to another person, created or caused by the concert or the spectators, within seventy-two (72) hours after the concert has terminated, the Director may use as much of the bond money as is needed to remove such trash, debris or residue and repair any damage to personal property, real property, crops or livestock. Any unexpended money from the bonds shall be returned to the owner thirty (30) days after termination of the concert or completion of the cleanup and repairs to the property of other persons, whichever date shall be the latest.
The government of the county, the County Board of Education and the Board of Trustees of the Harford Community College are hereby exempted from the provisions of this chapter.
Any person who holds a concert without complying with the requirements of this chapter shall be guilty of a misdemeanor and shall be punishable by a fine which shall not exceed the sum of one thousand dollars ($1,000.) or imprisonment for six (6) months, or both.