[HISTORY: Adopted by the Board of Supervisors of Amelia County 8-17-2011. Amendments noted where applicable.]
A.
Events for which permit required. No person or entity shall hold,
organize or sponsor any of the following events or activities unless
a permit has been granted by the County as provided herein:
(1)
Parades, processions, marathons, bicycle races and other events utilizing
the sidewalks or vehicular travel portion of County streets and highways.
(2)
Carnivals, bazaars and similar events which offer such activities
as amusement rides or devices, games of skill, animal rides or exhibitions,
food concessions, and informal live entertainment.
(3)
Outdoor festivals or other musical entertainment offering live or
recorded music for public or private audiences in other than a fully
enclosed building, with the exception of outdoor musical entertainment
at any private residence or place of worship attended by fewer than
100 persons.
(4)
Scheduled races, exhibitions or other events involving the operation
of motorized vehicles of any type, unless such races, exhibitions
or events are already permitted under the applicable County zoning
provisions.
(5)
Scheduled gatherings of 100 or more persons on any public property,
other than parks.
B.
Application: contents and fee. An application for any permit required by this chapter shall be made to the County Administrator or his designee, accompanied by a nonrefundable processing fee as provided in § 138-3. The application shall be submitted not less than 30 days nor more than six months prior to the date of the proposed activity. An application for a major event held for two or more consecutive days shall be filed not less than 60 days nor more than six months before the first date of the proposed activity. The application shall contain the following information, utilizing the form provided by the County Administrator:
(1)
Description of the proposed activity.
(2)
Date, time and location/route of proposed activity and the anticipated
number of participants and spectators.
(3)
Provisions for sanitation facilities, crowd, noise and traffic control,
parking and loudspeaker placement.
(4)
Food and beverages to be sold or distributed.
(5)
The designation of an individual or individuals who shall be responsible
for ensuring compliance with the provisions of this section and the
conditions of the permit.
(6)
Proposed equipment, vehicles, staging, bleachers, shelters and electricity
requirements.
(7)
If revenue is anticipated to be generated by the activity, the individuals
or entity that will benefit therefrom.
(8)
Such additional information or assurances as the County Administrator
may require.
C.
Application; submission and processing requirements.
(1)
A completed application shall be processed and either granted or
denied within a reasonable time of receipt, but not more than 30 days
of receipt of any application requiring 60 days' advance filing or
15 days following receipt of any application requiring 30 days' advance
filing. Such decision shall be in writing, setting forth the conditions
of the permit, if granted, or the reasons for denial. The decision
shall be provided to the applicant at the address stated in the application.
(2)
If an application is submitted after the applicable filing deadline set forth herein, then the County Administrator or his designee may modify the requirements of Subsections A and B upon a demonstration by the applicant, in writing, that circumstances giving rise to the proposed event did not reasonably allow the applicant to apply for a permit within the time prescribed.
D.
Permit approval process.
(1)
The permit shall be granted by the County Administrator if the following
conditions are met:
(a)
Any proposed use of public property, right-of-way, or facilities
will not unreasonably interfere with the normal use of the property,
right-of-way or facility by the County or the general public.
(b)
The proposed activity does not present a safety or health risk
to participants, spectators or the public, or an environmental hazard.
(c)
The proposed activity is compatible with the surrounding area
or neighborhood, in consideration of anticipated noise, traffic, crowd
capacity and other identifiable factors.
(d)
The applicant has provided proof of liability insurance underwritten
by insurers acceptable to the County, indemnifying the applicant against
any perils, suits, claims and losses which may arise in connection
with the proposed activity. Such coverage shall be in amounts consistent
with a standard schedule approved by the County Administrator, based
upon risks associated with each type of event, in consideration of
anticipated attendance.
[Amended 12-15-2021]
(e)
County resources necessary to support the proposed activity
are reasonably available.
(2)
When the grounds for anticipated denial of an application can be
corrected by altering the date, time, duration, route or location
of the event, the County Administrator or his designee may conditionally
approve the application, subject to the applicant's acceptance of
such conditions. Any conditions so imposed shall provide only for
such modification of the applicant's proposal as may be necessary
to achieve compliance with this section.
(3)
Prior to the final denial of any application, the applicant shall
be apprised of the reason therefor and shall be entitled to a hearing
before the County Administrator or his representative.
E.
Permit requirements. The County Administrator or his designee may
impose, as conditions to granting a permit, such further requirements
and restrictions as will reasonably protect the public health, safety,
welfare, peace and order. Such conditions may include, but are not
limited to:
(1)
The payment of a reasonable fee for the use or allocation of County
property, equipment and personnel not exceeding the actual costs incurred
by the County in connection with the proposed activity and the posting
of a performance bond or other surety securing payment of such fee.
(2)
The provision of adequate crowd and traffic control, security, fire protection, food handling, waste and refuse disposal, and noise restrictions. This may require written approval from the Sheriff's office, Public Works, Health Department, Emergency Management, Parks and Recreation, Community Development, Rescue Squad, and/or the Fire Department prior to permit approval. The permittee shall be responsible for any costs associated with complying with this Subsection E.
[Amended 12-15-2021]
(a)
The Amelia County Sheriff's office will review all special event
permit applications to determine if deputy coverage is required and,
if so, the numbers of deputies required. The applicant must make an
appointment with the Amelia County Sheriff's office administration
to review off-duty deputy coverage prior to permit approval.
[Amended 12-21-2022]
(3)
If an event requires road closure, the applicant is responsible for
all fees and permitting as required by the Virginia Department of
Transportation (VDOT).
[Added 12-15-2021]
(4)
If alcohol is present at an event, the applicant is responsible for
all fees and licenses as required by the Virginia Alcoholic Beverage
Control Authority (ABC).
[Added 12-15-2021]
F.
Exceptions for expressive activities.
(1)
The requirements for insurance and for payment of fees for the use
or allocation of County property, equipment and personnel authorized
by this section shall not be imposed for any noncommercial gathering,
parade or procession held for purposes of expressive activity, upon
demonstration, in writing, that the applicant is financially unable
to pay the costs of such fees and services and that the right to engage
in expressive activity would be unreasonably curtailed by failure
to waive such requirements, provided that insurance may be required
for collateral activities such as food service and the use of structures
and equipment which present a demonstrable risk or hazard.
(2)
Upon demonstration that the enforcement of the limitation provisions of Subsections B and C would unreasonably restrict the right of free expression, the County Administrator shall waive the time prescribed for advance notice of an event and impose only such provisions as will not unreasonably restrict the element of timeliness of the expressive activity.
(3)
For purposes of this chapter, "expressive activity" shall include
any public gathering, procession or parade, the primary purpose of
which is the exercise of the rights of assembly and free speech as
guaranteed by the First Amendment of the Constitution of the United
States.
G.
Revocation or suspension. The County Administrator, or his designee, shall be authorized to revoke or suspend any permit previously granted by him for violation of any provisions of this section or of any condition of the permit; for any material misrepresentation, intentional or otherwise, made in connection with the application; when weather conditions render the subject activity unsafe; and when otherwise required in the interest of public health, safety and welfare or environmental considerations. In the event a permit is revoked or suspended, the permittee shall immediately discontinue, or cause to be discontinued, the activity for which the permit was granted, but shall thereafter be entitled to a hearing concerning the revocation or suspension decision as provided by Subsection D(3).
H.
Duration. Any permit granted under the provisions of this section
shall remain in effect for the duration of the proposed activity;
provided, however, that any permit for outdoor musical entertainment
granted to any restaurant or any establishment holding an on-premises
license to sell alcoholic beverages may be issued for a period not
to exceed one year.
I.
Other requirements. The granting of any permit required by this section
shall not eliminate any requirement for any business license, any
other permit(s) which may be prescribed by any other federal, state
or local statutes, ordinances, rules or regulations, or compliance
with any other applicable federal, state or local statutes, ordinances,
rules or regulations.
J.
Administration. The County Administrator may designate one or more
officers or employees of the County to administer the provisions of
this section.
[Amended 12-15-2021]
Notwithstanding any provision to the contrary, any permit required
by this chapter for an event that is known to involve a gathering
of over 500 people (or if the County Administrator, or his designee,
has reason to believe that 500 or more people are likely to be present
at the event) shall require approval by the Board of Supervisors in
order to be issued. Upon receipt of an application for such permit,
the County Administrator, or his designee, shall transmit the application
to County department heads and the Board of Supervisors for its consideration
at its next regularly scheduled meeting. County department heads shall
review and provide approval or denial, with comments, prior to the
Board of Supervisors' consideration. Approval or denial decisions
of the Board of Supervisors on permits considered under this section
are final.
[Amended 12-15-2021]
A nonrefundable processing fee, as follows, shall be submitted
with the completed application for a special event. Permit fees are
waived only for agencies and departments funded primarily by the County
of Amelia.
|
Event
|
Fee
|
|---|---|
|
Single-day event
|
$25
|
|
2-day event
|
$50
|
|
3+-day event/season permit
|
$100
|
Any person convicted of violating any provision of this chapter
shall be guilty of a Class 1 misdemeanor, punishable by a fine of
up to $2,500 or confinement in jail up to one year, either or both.
