City of Walhalla, SC Chapter 270 Special Events

[HISTORY: Adopted by the City Council of the City of Walhalla 11-16-2021 by Ord. No. 2021-23. Amendments noted where applicable.]

§ 270-1 Title.

The provisions embraced within the following sections shall constitute and be known and may be cited as "The Special Events Ordinance."

§ 270-2 Authority.

The special event permit is enacted pursuant to the powers conferred upon the municipality.

§ 270-3 Scope and purpose.

A. The purpose of this chapter is to ensure that the City and its residents and visitors will have adequate advance notice of a proposed special event and the cooperation of promoters, sponsors, organizers and enablers in order to properly plan for City services such as public safety, sanitation and traffic control.

B. By regulating special event frequency, duration, intensity, time, place and manner, the City intends to strike this balance, and provide a predictable and coordinated process for applicants seeking to conduct a special event, and abate the cost thereof. The costs to recoup include, but are not limited to, personnel, equipment and supplies, sanitation, utilities, public facility maintenance and restoration, and monitoring.

C. Nothing in this chapter shall be construed to prevent members of the public from assembling in public places for the purpose of making any speech or conveying any message to the public or to the government without holding a permit pursuant to this chapter. Should any such person wish to assemble for such purposes and should they not hold a permit under this chapter, they shall not be prevented from doing so, provided that they have complied with all other ordinances and laws, if there be any, regulating such event or gathering, and provided they are peaceable and not in violation of any laws concerning public order.

§ 270-4 Definition; applicability.

A. "Special events" mean an outdoor event and can include:

(1) Any organized formation, parade, procession or assembly consisting of persons, and which may include animals, vehicles, or any combination thereof, which is to assemble or travel in unison on any street which does not comply with normal or usual traffic regulations or controls.

(2) Outdoor musical concerts, festivals, fairs, carnivals or rallies which may be expected to have 200 or more people in attendance.

(3) Sporting events which require the use of temporary structures, including grandstands and tents which may be expected to have 3,000 or more people at one time.

B. Examples of special events include, but are not limited to, filming, concerts, parades, circuses, fairs, festivals, rallies, block parties, community events, mass participation sporting competitions such as marathons and running events, bicycle races or tours, fishing tournaments or spectator sports such as football, basketball, baseball and soccer games, golf tournaments or boat races. Excluded are City-sponsored/-organized events, funeral services and processionals, lawful picketing on sidewalks and demonstrations that do not involve the use of vehicles, animals, fireworks, pyrotechnics or equipment (other than sound equipment), provided that no fee or donation is charged or required for participation or attendance and the City Administrator's office is notified at least 48 hours in advance of the commencement of the demonstration.

C. This provision applies to all grandstands, stages tents or groups of tents and use of mechanical amusement rides.

D. This section does not apply to activities within a permanent facility specifically approved and permitted for the proposed activity.

§ 270-5 Permit required.

A. Except as provided in this chapter, no person may conduct, promote, sponsor, organize or enable a special event, as defined above, without having obtained a special event permit from the City.

B. Any applicant who desires to conduct, promote, sponsor, organize or enable a special event is encouraged to submit a complete application for a special event permit, to include, without limitation, a site plan depicting existing facilities and proposed temporary facilities, a description of all activities which will be conducted, dates, times and locations for the proposed special event and a description of measures to be taken to ensure safety, health and welfare of event-goers, as well as those in the surrounding community, as soon as possible prior to the scheduled start of the event but no more than two years, and no less than 45 days, prior to the scheduled start of the event.

C. Applicants for a special event permit are required to acknowledge the responsibilities of hosting said event as it pertains to safety and security of staff members and prospective attendees. The City Administrator's office may require the endorsement of the appropriate City department which has professional knowledge of potential issues that may be predicted for each specific event under consideration. General areas of consideration and regulation without limitation include: security and safety, traffic circulation and parking, waste disposal, temporary structures, lighting, medical, location, activities, hours of operation, history and proximity to residences, churches, schools and other special events. Insurance and/or posting of bond may be required as a conditioning of permitting.

D. The City Administrator may deny or revoke issuance of a special event permit when, among other things, the application contains a misrepresentation, false or misleading statement, evasion or suppression of material fact, does not comply with all other applicable City ordinances, when the event for which a permit is sought is unlawful or constitutes a public nuisance, or when the applicant has not provided an adequate traffic plan or traffic controls, an adequate parking plan, sufficient security, appropriate crowd control, health, safety or sanitation measures.

E. Any person aggrieved by the denial of the issuance or conditional issuance of a special event permit by the City Administrator may appeal the decision to the City Council by written request, stating the reason therefor, within 10 days after the notice of denial or conditional issuance is received.

F. The required permit must be displayed at the site in a conspicuous location for the duration of the event.

§ 270-6 Permit fee.

A permit application must be accompanied by the payment of permitting fee as shown in Appendix A of the current fiscal year's budget document. The fee requirement may be waived for events which occur solely for the benefit of and are solely sponsored and operated by, or in which the entire proceeds accrue to, a governmental entity or nonprofit organization or entity. If, due to inclement weather or other act of nature, the entire event is cancelled, the permit holder will not be required to repay these fees so long as the content and scope of the event remains the same and the event is rescheduled with the approval of the City Administrator.

§ 270-7 Code enforcement.

A. All electrical wiring must be installed in compliance with the provisions forth in the National Electrical Code and the City's electrical code.

B. All tents and other temporary structures shall be erected in compliance with the provisions of Standard Building Code and Standard Fire Prevention Code.

C. It shall be the responsibility of the applicant to provide for the collection of solid waste and litter. Separate containers may be required for the collection of recyclable materials. All solid waste, litter and recyclable materials shall be removed from the site within 24 hours following the event. For multiple-day events, the grounds shall be maintained during each day of the event, with no on-site accumulations which will create a nuisance or pose a health hazard.

D. Amusement rides must be in compliance with all local and state codes.

E. No event shall be conducted within the City unless in compliance with all applicable City ordinances and applicable county and state laws, regulations or requirements.

F. Prior to the event, the applicant shall call for inspection to assure compliance with permitting conditions. If the Building Official, Fire Marshal or other City inspector finds that all permitting conditions have not been met, he shall notify the applicant, indicating corrections to be made, and then inspect the work apparatus without further charge. If extra inspections are required, a charge shall be made for each reinspection as shown in Appendix A of the current fiscal year's budget document.

§ 270-8 Off-duty staffing and emergency services details.

A. Off-duty police details.

(1) When used in this Subsection A, the word "department" shall mean the City of Walhalla Police Department. When used in this section, the word "dispatcher" shall mean employees in the classification of records supervisor, communications/records manager and records specialist who are state-certified telecommunicators.

(2) The department may facilitate the employment of City police officers and public service aides and dispatchers by separate and independent private employers needing off-duty police, traffic control services or dispatch services. Such employment may be by either annual permit, contract, or both, as may be approved by the City Attorney's office. No permit or contract shall in any way limit or restrict officers from discharging their primary law enforcement responsibilities or preventing and detecting crime. The department will maintain a roster of personnel who, at their sole option, wish to perform such work. The department will select the personnel for such off-duty details from the roster of those who wish to participate. Police officers serving in executive/management may not participate in off-duty details, except that the Police Chief or designee may assign executive/management personnel, except the Chief and Deputy Chief, to supervise significant events in an off-duty detail capacity as he deems necessary.

(3) The City Council shall establish rates for off-duty detail services and fees for the City's administrative expenses. The rates and administrative fees shall be established as set forth in Subsection E. The department may require that the off-duty detail employer pay the charges for such services directly to the City and may establish procedures for the personnel to receive their pay for off-duty details through the City's payroll system. The department may require that private employers pay all charges in advance of services being performed.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(a) Should the private employer recognize that the off-duty police services for which it contracted will no longer be required, for any circumstances, the private employer agrees to notify the department no later than 24 hours prior to the start of such requested services.

(b) In the event that the private employer fails to notify the department, the City shall charge a minimum of two hours for each officer who responds to the private employer's establishment.

(c) Should an investigation or arrest be initiated by an off-duty detail officer arising out of the performance of the services provided by the officer to the private employer, and the investigation or arrest requires the officer to work more than the allotted time as specified within the permit or contract, the private employer agrees to pay for the additional time at the City's established rates.

(4) Off-duty personnel shall observe the department's normal standards of conduct, rules and regulations and other policies and procedures during such details and shall be subject to disciplinary action by the City for their failure to do so.

(5) In accordance with 29 CFR 553.227 (the federal regulations implementing the Fair Labor Standards Act), an officer's, service aide's or dispatcher's hours of work for the off-duty detail employer shall not be combined with the hours worked for the City for purposes of overtime compensation.

(6) By enacting this subsection, the City has not agreed, and does not agree, to provide workers' compensation coverage for injuries sustained by off-duty personnel performing services for private employers. Such coverage shall be determined in accordance with this chapter and comply with SC Code Ann. § 23-24.

(7) This subsection in no way affects or in any way limits other City regulations governing outside employment by City employees.

(8) In consideration for the City allowing private employers to hire police personnel for off-duty details, the private employer shall indemnify and save harmless the City, its officers, agents and employees from or on account of any injuries or damages received or sustained by any person or persons during or on account of any negligent act of a police officer, public service aide or dispatcher while the police officer, public service aide or dispatcher is employed by the private employer, regardless of whether the negligent act occurred while the officer, service aide or dispatcher was discharging his or her primary law enforcement responsibilities of preventing and detecting crime or controlling traffic or dispatching services. This requirement may be waived by the City Council for off-duty details on public property, provided the City is named as an additional insured on the liability insurance of the owner or manager of the public property, and provided the insurance coverage limits are at least as great as those maintained by the City.

B. Off-duty fire-rescue details.

(1) When used in this Subsection B, the word "department" shall mean the City of City of Walhalla Fire Department. When the word "firefighter" is used it shall also mean "fire inspector," "paramedic" or "emergency medical technician." Off-duty details may include standby fire watches ordered by the Fire Chief pursuant to the South Carolina Fire Code.

(2) The department may facilitate the employment of City firefighters by separate and independent private employers needing off-duty fire-rescue services. Such employment may be by either permit, contract, or both, as may be approved by the City Attorney's office, or by order of the Fire Chief in the case of a standby firewatch. No permit or contract shall in any way limit or restrict firefighters from discharging their primary responsibilities of preventing and detecting fires or other life-threatening conditions. The department will maintain a roster of firefighters who, at their sole option, wish to perform such work. The department will select the firefighters for such off-duty details from the roster of those who wish to participate. Firefighters serving in executive/management positions may not participate in off-duty details, except that the Fire Chief or designee may assign executive/management personnel, except the Chief and Deputy Fire Chief, to supervise significant events in an off-duty detail capacity as he deems necessary.

(3) The City Council shall establish rates for off-duty detail services and fees for the City's administrative expenses. The rates and administrative fees shall be established as set forth in Subsection E. The department may require that the off-duty detail employer pay the charges for such services directly to the City and may establish procedures for the firefighters to receive their pay for off-duty details through the City's payroll system.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(4) Firefighters shall observe the department's normal standards of conduct, rules and regulations and other policies and procedures during such details and shall be subject to disciplinary action by the City for their failure to do so.

(5) In accordance with 29 CFR 553.227 (federal regulations implementing the Fair Labor Standards Act), a firefighter's hours of work for the off-duty detail employer shall not be combined with the hours worked for the City for purposes of overtime compensation.

(6) By enacting this subsection, the City has not agreed, and does not agree, to provide workers' compensation coverage for injuries sustained by off-duty firefighters performing services for private employers.

(7) This subsection in no way affects or in any way limits other City regulations governing outside employment by City employees.

(8) In consideration for the City allowing private employers to hire firefighters for off-duty details, the private employer shall indemnify and save harmless the City, its officers, agents and employees from or on account of any injuries or damages received or sustained by any person or persons during or on account of any negligent act of a firefighter while the firefighter is employed by the private employer, regardless of whether the negligent act occurred while the firefighter was discharging his or her primary responsibilities of preventing and detecting fires or other life-threatening conditions. This requirement may be waived by the City Council for off-duty details on public property, provided the City is named as an additional insured on the liability insurance of the owner or manager of the public property, and provided the insurance coverage limits are at least as great as those maintained by the City.

C. Off-duty public works details.

(1) When used in this subsection, the word "department" shall mean the City of Walhalla Public Works Department.

(2) The department may facilitate the employment of City public works technicians by separate and independent private employers needing off-duty public works services (sanitation, equipment and/or road closure). Such employment may be by either permit, contract, or both, as may be approved by the City Administrator's office. The department will maintain a roster of public works technicians who, at their sole option, wish to perform such work. The department will select the technicians for such off-duty details from the roster of those who wish to participate.

(3) The City Council shall establish rates for off-duty detail services and fees for the City's administrative expenses. The rates and administrative fees shall be established as set forth in Subsection E. The department may require that the off-duty detail employer pay the charges for such services directly to the City and may establish procedures for the public works technicians to receive their pay for off-duty details through the City's payroll system.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(4) Public works technicians shall observe the department's normal standards of conduct, rules and regulations and other policies and procedures during such details and shall be subject to disciplinary action by the City for their failure to do so.

(5) In accordance with 29 CFR 553.227 (federal regulations implementing the Fair Labor Standards Act), an employee's hours of work for the off-duty detail employer shall not be combined with the hours worked for the City for purposes of overtime compensation.

(6) By enacting this subsection, the City has not agreed, and does not agree, to provide workers' compensation coverage for injuries sustained by off-duty public works technicians performing services for private employers.

(7) This subsection in no way affects or in any way limits other City regulations governing outside employment by City employees.

(8) In consideration for the City allowing private employers to hire public works technicians for off-duty details, the private employer shall indemnify and save harmless the City, its officers, agents and employees from or on account of any injuries or damages received or sustained by any person or persons during or on account of any negligent act of a public works technician while the public works technician is employed by the private employer, regardless of whether the negligent act occurred while the public works technician was discharging his or her primary responsibilities. This requirement may be waived by the City Council for off-duty details on public property, provided the City is named as an additional insured on the liability insurance of the owner or manager of the public property, and provided the insurance coverage limits are at least as great as those maintained by the City.

D. Staffing matrix for selected events.

(1) For events from 200 attendees to 500 attendees, the City of Walhalla may require staffing for events, depending on the nature of the event and other criteria as stated in § 270-5C. Generally, staffing is as follows:

(a) Fire/EMS: two firefighters/EMTs.

(b) Police: two officers.

(c) Public Works: one technician.

(2) For events over 500, staffing levels will depend on the type of event and other criteria as listed in § 270-5C. The City reserves the right to require adequate staffing, at the organizer's expense, to provide for safety of the event.

E. Fees and payment to off-duty details.

(1) The fees for off-duty details shall be as shown in Appendix A of the current fiscal year's budget document

(2) Fees could be higher depending on the nature and complexity of the event.

(3) It is preferred that the event organizer pay the employee directly. However, as stated in Subsection A(3), B(3) and C(3), the City could require payment to be made to the City for payment to the detailer.

§ 270-9 Event permit.

The event shall have a signed permit as set forth in the special event permit application on file in the City offices.

§ 270-10 Violations and penalties.

Any person who violates any provision of this chapter shall be guilty of a misdemeanor, and upon conviction shall be fined not to exceed $200 or imprisoned for not to exceed 30 days, or both. In the case of continuing violations, each day of violation shall constitute a separate offense.