The City has an important and compelling governmental interest
in protecting property, public safety, health, and welfare, and controlling
use of streets and other public venues. The City has a concern about
the potential adverse effects to the public health, safety and welfare
that may result from the gathering of large crowds of people. The
purpose and intent of this chapter is to authorize and regulate special
events in the City of New Carrollton by establishing procedures, terms
and conditions for the operation of such events.
For purposes of this chapter, the below listed words and phrases
shall be given the following meanings:
PARADE
Any procession consisting of people, animals or vehicles
or any combination thereof upon any public roadway, sidewalk or alley.
A parade shall include, but not be limited to, marches, motorcades,
and bicycle events. A parade shall further include any activity that
may affect the safe and normal movement of vehicular and pedestrian
traffic along a City road or street or which may require the assistance
of City Police.
SPECIAL EVENT
Includes, but is not limited to, any and all amusement rides,
attractions, expositions, trade shows, sales shows, parades, exhibitions,
performances, street dances, carnivals, circuses, bicycle or pedestrian
races, local festivals or other similar types of activities. Such
events are included without regard to whether they are held on public
or private property or whether they are conducted inside or outdoor.
"special event" does not include door-to-door solicitation.
SPECIAL EVENT HOST
Includes any person or entity who permits a special event
to be held on property owned or under the control of such person or
entity.
SPECIAL EVENT OPERATOR
Includes any person or entity who organizes, manages, owns
or otherwise controls a special event.
THE PREMISES AND SURROUNDING AREAS
Includes the actual property on which the special event is
held and any areas in close proximity to such property which are affected
by the hosting and operation of the special event.
A special event permit is required for any event that will impact
a City street, property owned by the City or public property in the
City of New Carrollton. Whether an event will impact a City street,
property owned by the City or public property in the City is a determination
to be made by the City in its sole and absolute discretion. No person
shall engage in, participate in, aid, form, host, operate or start
any special event in the City unless a special event permit shall
have been obtained from the City of New Carrollton in accordance with
this chapter. The City of New Carrollton shall not be required to
obtain a permit for special events that it conducts.
This chapter shall not apply to:
B. Students going to and from school classes or participating in academic
activities, provided that such conduct is under the immediate direction
and supervision of the proper school authorities.
A person or organization seeking issuance of a special event
permit shall file an application with the City Administrative Officer
as follows:
A. Filing period. An application for a parade permit shall be filed
not less than 15 days nor more than 60 days before the date on which
the proposed event is to take place. Upon good cause shown, the City
Administrative Officer shall have the authority to consider any application
that is filed less than 15 days, but no less than seven days, before
the date such event is proposed to be conducted.
B. Fee. There shall be paid at the time of filing the application for
a permit a fee as set forth in the City of New Carrollton Schedule
of Fees.
C. Insurance. The applicant is required to obtain and present evidence
prior to the event of an approved surety indemnity bond or approved
comprehensive liability insurance policy naming the City of New Carrollton
as an additional insured. The insurance requirement is a minimum of
$500,000 per person personal injury and $100,000 per person property
damage from all claims arising from the permit issued pursuant to
this chapter. The City shall not be deemed to have assessed the risks
that may be applicable to the event. The permittee shall be responsible
for assessing the risks of the event and obtaining additional insurance
coverage if appropriate and prudent.
D. Contents. The application for a special event permit shall set forth
the following information:
(1) The name, address and telephone number of the person seeking to conduct
the special event or, if a proposed parade is to be conducted for,
on behalf of or by an organization, the name, address and telephone
number of the headquarters of the organization and of the authorized
and responsible heads of such organization, as well as a communication,
in writing, from the person proposing to hold the special event, authorizing
the applicant to apply for the permit on his/her behalf.
(2) The name, address and telephone number of the person who will serve
as chairperson of the event and who will be responsible for its conduct.
(3) The date when the proposed event will be conducted.
(4) The location of the event, or, if applicable, the route to be traveled,
the starting point and the termination point, if applicable. The special
event host and special event operator shall obtain written consent
from a property owner, whether public or private, to use such property
for the special event.
(5) If applicable, the approximate number of persons, bicycles, animals
and vehicles that will constitute a proposed parade, the type of animals
and a description of the bicycles and/or vehicles.
(7) The location of assembly areas for parades.
(8) The time at which units of the parade will begin to assemble at any
such assembly area or areas.
(9) The interval of space to be maintained between units of such parade.
(10) Any additional information that the City Administrative Officer shall
find reasonably necessary for a fair determination as to whether a
permit should be issued.
The City Administrative Officer shall act upon the application
for a special event permit within five working days after the filing
thereof. Within seven working days of the date on which the application
was filed, the City Administrative Officer shall mail to the applicant
a notice of the City Administrative Officer's action. If the
permit is denied, the reasons for the denial shall be stated in the
notice.
Any person aggrieved shall have the right to appeal the denial
of a special event permit to the Mayor. Such appeal shall be in writing
and shall state, specifically, how each of the requirements of this
chapter are met and any other reason why such permit should be granted.
The Mayor may grant or deny such permit with or without an informal
hearing. Any denial shall be in writing and state the reason therefor.
The City Administrative Officer, in denying an application for
a parade permit, shall be empowered to authorize the conduct of the
parade on a date, at a time or over a route different from that named
by the applicant. An applicant desiring to accept an alternate permit
shall, within five days after notice of the action of the City Administrative
Officer, file a written notice of acceptance with the City Administrative
Officer. An alternate parade permit shall conform to the requirements
of and shall have the effect of a parade permit under this chapter.
All permits issued pursuant to this chapter shall be temporary
and do not vest any permanent rights in the permittee. Reasons for
revocation of a permit include, but are not limited to, disaster,
public calamity, riot or other emergency. Revocation of a permit may
be appealed by the same process as an appeal which results from denial
of a permit.
Any person, firm or corporation violating any of the provisions
of this chapter shall be deemed guilty of a misdemeanor and, upon
conviction thereof, shall be fined in an amount not exceeding $100
or be imprisoned for a period not exceeding 60 days, or be both so
fined and imprisoned.
If any section, subsection, sentence, phrase or portion of this
chapter is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not affect
the validity of the remaining portions hereof.