[HISTORY: Adopted by the City Council of the City of New
Carrollton 1-6-2021 by Ord. No. 21-05. Amendments noted where applicable.]
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:
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.
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.
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.
Includes any person or entity who organizes, manages, owns
or otherwise controls a special event.
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:
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.
(6)
The hours of the event.
(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.
A.
The City Administrative Officer shall issue a permit if it finds
the following:
(1)
The parade will not substantially interrupt the safe and orderly
movement of other traffic.
(2)
The concentration of persons, bicycles, animals and/or vehicles will
not unduly interfere with proper fire and police protection of or
ambulance service to the City.
(3)
The application does not contain false information or incomplete
information of a substantive nature.
(4)
The applicant has satisfied all the terms and conditions of the permit,
including proof of insurance.
(5)
The City reserves the right to limit the number of persons attending
a special event, including the aggregate number attending the special
event or the number attending a special event at any one time.
(6)
If the permit is for a parade, the approval shall state: the starting
time, the minimum and/or maximum speeds allowed, the space to be maintained
between bicycles and/or vehicles, the maximum number of persons, bicycles,
vehicles allowed in the parade, the portion of the street or public
property to be occupied by the parade, the maximum length of the parade,
and such other information deemed necessary by the City for the enforcement
of this chapter.
B.
Conditions of issuance of permit. By filing an application for a
special event permit and the City issuing such permit, the applicant
agrees to:
(1)
Maintain order on the premises and surrounding areas;
(2)
Keep the premises and surrounding areas clean and free of trash,
paper and other debris;
(3)
Place an adequate number of trash containers in convenient locations
for the use of the public;
(4)
Place no amusement ride in operation for public use until the same
has been inspected by the operator and sponsor for mechanical, structural,
electrical and other hazards;
(5)
Provide adequate safeguards to protect both the operators and the
general public from inadvertently coming into contact with moving
parts, belts, motor gears, electrical switches and other possible
or potential hazards;
(6)
Provide adequate parking for the estimated number of people expected
to attend the special event and provide alternative measures for overflow
parking;
(7)
Provide adequate security at any special event. The adequacy of the
security shall be determined by the City of New Carrollton in its
sole and absolute discretion based upon the number of people expected
to attend and the nature of the event.
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.
A.
A permittee hereunder shall comply with all permit directions and
conditions and with all applicable laws and ordinances.
B.
A permittee shall endeavor to advise all participants in the special
event, either orally or by written notice, of the terms and conditions
of the permit, prior to the commencement of such event.
C.
Possession of permit. The parade chairperson or other person heading
or leading such parade shall carry the parade permit upon his/her
person during the parade.
D.
Sanitation. A parade permit shall be issued only after adequate waste
disposal arrangements have been made.
A.
Interference. No person shall unreasonably hamper, obstruct, impede
or interfere with any special event or with any person, vehicle or
animal participating or used in such event.
B.
Driving through parades. No driver of any bus or other vehicle shall
drive between the vehicles or persons comprising a parade when such
vehicles or persons are in motion and are conspicuously designated
as a parade.
C.
Parking on parade route. The Public Works Director and the Chief
of Police shall have the authority, when reasonably necessary, to
prohibit or restrict the parking of vehicles along a public roadway
or part thereof constituting part of the route of a parade. The Department
of Public Works shall post signs to such effect, and it shall be unlawful
for any person to park or leave unattended any vehicle in violation
thereof. No person shall be liable for parking on a street unposted
in violation of 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.
