A.
All special events are prohibited unless written notice and an application
containing the following information is provided to the City Manager,
in paper form and in digital format acceptable to the City, at least
eight weeks before the special event is to take place:
[Amended 4-16-2021 by Ord. No. 0421-01]
(1)
The character, day, date, time, duration, location, approximate number
of participants in the event and the number of organization members
or volunteers that will assist in the conduct of the special event.
(2)
Plans illustrating the location of the special event and the location
of associated items such as tables, tents, portable bathrooms, and
trailers.
(3)
If the special event is to be a parade, procession, race, or similar
moving assembly, the proposed route thereof.
(4)
The names, addresses, phone numbers, and emails of the persons responsible
for the special event.
(5)
The purpose of the special event and the estimated number of persons
and vehicles expected to participate.
(6)
Request for parking closure, street closure, or both, if required.
(7)
The names of the participating organization and officers of the organization.
(8)
Contact information for the coordinator of the special event including
cell phone and email.
B.
The City Manager shall, within 30 days of receiving a special event
application, and in consideration of the scale of the special event:
(1)
Approve the application and issue a permit; or
(3)
Approve the application and issue a permit with conditions with respect
to day, time, duration, location or other reasonable conditions, including
payment of the City's incremental costs necessary to provide those
public services necessitated by the special event.
The City Manager may deny or modify a special event permit for
any of the following reasons:
A.
The special event will significantly disrupt traffic within the City,
and no practical solution to such disruption is reasonably available.
B.
The special 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 special event will require the diversion of City employees which
would unreasonably deny service to the remainder of the City.
E.
The special 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 City interest with regard to the
special event.
H.
The organizers of the special event have outstanding debts with the
City for the same or similar events.
A.
Any person aggrieved by the action of the City Manager in denying,
modifying or revoking a permit may appeal to the Mayor and City Commissioners
by filing with the Mayor a written statement setting forth fully the
grounds for such appeal within 10 days of the action of the City Manager.
In the event the appeal is filed 10 or more days prior to the next
regular meeting of the Mayor and Commissioners, the appeal shall be
heard at such meeting. In the event the appeal is filed less than
10 days prior to the next regular meeting of the Mayor and Commissioners,
the appeal shall be heard at the regular meeting subsequent to the
next regular meeting unless a special meeting is scheduled to hear
the appeal. The Mayor shall promptly notify the applicant of such
hearing by telephone or email, and United States mail, to the applicant
at the address provided by the applicant to the City.
B.
At such hearing, the applicant and the City Manager, who may be represented
by legal counsel, shall be entitled to present such evidence and arguments
as they deem appropriate in support of their respective positions,
and may cross-examine any witnesses presented. The hearing shall be
audio-recorded, and the Mayor and Commissioners shall articulate the
reasons for its decision. Strict rules of evidence shall not apply
to the conduct of such hearing.
C.
The decision of the Mayor and Commissioners regarding an appeal shall
be final.
The applicant shall pay a nonrefundable processing fee of $50
and a deposit of $550 for a special event permit. Depending upon the
City services required and the City facilities utilized, some or all
of the deposit may be returned. However, special events of significant
size or scope may require an additional fee to reimburse the City
for additional costs relating to the special event.
The approval of the City Manager of an application for a special
event permit may be made contingent upon the applicant providing the
City a certificate of liability insurance covering the City of Rehoboth
Beach as an additional insured, in a minimum amount of $1,000,000.
In determining whether or not to require insurance under this section,
the City 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; provided,
however, such factors and the basis for consideration shall be content-neutral
and shall be narrowly designed to advance a compelling and legitimate
City interest.
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 is not removed, as required herein, the City 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 City personnel who are specifically required for cleanup following
the expiration of the special event shall be the responsibility of
the applicant.
C.
If, because of the nature, size or duration of the special event, the City Manager reasonably concludes that the cost of the cleanup after the special event will exceed $2,500, the City Manager may require, as a condition of issuing the permit, that the applicant deposit with the City the sum of $2,500 in the form of cash, letter of credit, performance bond or other means acceptable to the City. 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 City Manager may use all (or as much as reasonably necessary) of the deposit to effect satisfactory cleanup.
No person(s) shall knowingly disrupt or interfere with any duly
permitted special event.
A permit issued under the provisions of this chapter may be
revoked or suspended by the City Manager, without prior notice, for
any of the following causes:
A.
Fraud, misrepresentations or a material and significant incorrect
statement contained in the application for the special event permit
or made in the course of promoting the special event.
B.
Failure to comply with any provision of this chapter.
C.
Conducting the special event in an unlawful manner or is such a manner
as to constitute a menace to the health, safety or general welfare
of the public.
A.
Failure to properly secure a special event permit, when required,
previous to the initiation or commencement of the special event shall
be a violation of this chapter.
B.
For any and every violation of the provisions of this chapter, the
person or persons, organization, partnership, corporation, or other
entity required to apply for and obtain a special event permit under
this chapter shall be liable, on conviction thereof, to a fine not
exceeding $150 for each and every offense. Whenever such person or
persons, organization, partnership, corporation, or other entity shall
have been notified by the City that such violation of this chapter
is occurring, each day that the violation shall continue shall constitute
a separate offense punishable by a like fine.
