[HISTORY: Adopted by the Board of Supervisors of the County of Page 2-11-1980 as Ch. 3 of the 1980 Code of the County of Page; amended in its entirety 2-20-2018. Subsequent amendments noted where applicable.]
This chapter is enacted pursuant to § 15.2-1200 of the Code of Virginia for the purpose of providing necessary regulation for the conducting of musical or entertainment festivals or events in the interest of the public health, safety and welfare of the citizens and inhabitants of Page County.
When used in this chapter, the following words shall have the following meanings:
- The Board of Supervisors of Page County, Virginia.
- CAMPING UNIT
- Includes a tent, tent trailer, travel trailer, camping trailer, pickup camper, motor home, and any other device or vehicular-type structure for use as temporary living quarters or shelter during periods of recreation, vacation, leisure time, or travel.
- Includes any plot of ground within a campground (as defined in Virginia Code § 35.1-1.2) used or intended for occupation by the camping unit.
- MUSICAL OR ENTERTAINMENT FESTIVAL OR EVENT ("FESTIVAL")
- A commercial gathering of groups or individuals which is anticipated will exceed 100 or more individuals for the purpose of observing or participating in entertainment conducted in open spaces not within an enclosed structure. The anticipated number of individuals will be determined by the total number of tickets to be offered for sale or individuals anticipated to attend. A gathering or group of individuals shall be deemed to be commercial if a business license is obtained or required to be obtained or when a fee or charge is imposed, a donation is requested, or any items are offered for sale to persons attending.
- TEMPORARY SHORT-TERM OUTDOOR LODGING
- An area of land set aside for the business of providing lodging in conjunction with a musical or entertainment festival or event by accommodating persons where three or more camping units are occupied or intended for occupancy for periods of overnight or longer, whether the use of the campsites and facilities is granted gratuitously, or by rental fee, lease, or conditional sale. Temporary short-term outdoor lodging is only allowed if operated in conjunction with a special entertainment permit issued by the Board. The applicant, organization, or owners are allowed a maximum of two events per calendar year that include the use of temporary short-term outdoor lodging in conjunction with a special entertainment permit issued by the Board. Each temporary short-term outdoor lodging event shall not exceed five nights each per event.
No persons, firm, corporation or partnership shall stage, promote or conduct any musical or entertainment festival or event or operate a temporary short-term outdoor lodging area in the unincorporated areas of Page County unless there shall have been first obtained from the Board a special entertainment permit for said festival or event.
Application for such special entertainment permit shall be in writing on forms provided for the purpose and filed with the Clerk of the Board or designee together with all applicable fees at least 45 days before the date of such festival. Such applications shall have attached thereto and made a part thereof the plans, statements, approvals and other documents required by this chapter. If the event sponsor requires multiple open space locations and/or those locations will include land used for temporary short-term outdoor lodging, a special entertainment permit application is required for each location. All permit applications can be executed by the event sponsor but shall require signature of the land owner.
The Board shall act on such applications, provided the application meets the conditions set forth herein. If granted, the permit shall be issued, in writing, on a form for the purpose and mailed by the Clerk of the Board or designee to the applicant at the address indicated. If denied, the refusal shall be in writing and the reasons for such denial stated therein and mailed by the Clerk of the Board or designee to the applicant at the address indicated.
Such permit shall not be issued unless the following conditions are met, and the following plans, statements and approvals submitted to the Board with the application:
A copy of the ticket or badge of admission to said festival, containing the date or dates and time or times of said festival, together with a statement by the applicant of the total number of tickets to be offered for sale and the best reasonable estimate by the applicant of the number of persons expected to be in attendance.
A statement of the name and address of the promoters of the festival and the names of all persons or groups who will perform at said festival.
A statement of the location of the proposed festival, the name and address of the owner of the property on which said festival is to be held and the nature and interest of the applicant therein. A proof of liability insurance must be provided.
A plan for adequate sanitation facilities and garbage, trash and sewage disposal for persons at the festival. This plan shall meet the requirements of all state and local statutes, ordinances and regulations and shall be approved by the Health Commissioner.
A plan for providing food and water for the persons at the festival. This plan shall meet the requirements of all state and local statutes, ordinances and regulations and shall be approved by the Health Commissioner.
A plan for adequate medical facilities for persons at the festival approved by the Health Commissioner.
A plan for adequate parking facilities, traffic control and safe access in and around the festival area approved by the Sheriff.
A plan for adequate fire protection. This plan shall meet the requirements of all state and local statutes, ordinances and regulations and shall be approved by the County Emergency Manager.
A statement specifying whether any outdoor lights or lighting is to be utilized and, if so, a plan showing the location of such lights and shielding devices or other equipment to prevent unreasonable glow beyond the property on which the festival is located.
A statement that no music or other sound shall be created, either by mechanical device or live performance, in such a manner that the sound emanating therefrom shall be unreasonably audible beyond the property on which the festival is located.
A plan for providing that all minors will be supervised by adults at the event.
A festival application fee of $50 shall be paid to the County of Page when an application for a festival permit is filed with the Clerk of the Board. Multiple festival requests in the same location will require an annual permit fee of $100.
If the use of temporary short-term outdoor lodging is applied for in conjunction with a special entertainment permit, the following shall also apply:
A copy of the rules shall be submitted with the special entertainment permit application.
No person or persons directly or indirectly shall conduct, control, manage, operate, or maintain temporary short-team outdoor lodging or offer campsites for occupancy within the commonwealth without first making application for and receiving a valid permit and/or waiver approval from the Health Commissioner for the operation of said temporary short-term outdoor lodging. The County will not approve any special entertainment permit(s) which includes temporary short-term outdoor lodging without the receipt of a valid permit and/or waiver approval from the Health Commissioner.
Temporary short-term outdoor lodging shall adhere to all other state and local statutes, ordinances, and regulations.
A site plan shall be submitted for the use of temporary short-term outdoor lodging for the persons in attendance of the festival which shall include the following:
The proposed number, locations, and dimensions of all campsites.
The proposed number and types of camping units.
The proposed sources and location of the water supply including showers if available.
The proposed method and location of sewage disposal system including items such as toilets, dump stations, etc.
The proposed location of parking, entrances, and exits.
No permits which are not assignable or transferable shall be issued under this chapter unless the applicant shall furnish to the Board written permission for the Board, its lawful agents or duly constituted law enforcement officers to go upon the property at any time for the purpose of determining compliance with the provisions of this chapter. The Board shall have the right to revoke any permit issued under this chapter upon noncompliance with any of its provisions and conditions.
Music shall not be rendered, nor entertainment provided, for more than eight hours in any twenty-four-hour period, such twenty-four-hour periods to be measured from the beginning of the first performance at said festival. No music shall commence prior to 6:00 a.m. or end after 11:00 p.m. Sunday through Thursday and 12:00 a.m. Friday and Saturday.
Any person, firm or corporation who or which violates any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding $2,500 or by confinement in jail not exceeding 12 months, or by both such fine and imprisonment. Each violation shall constitute a separate offense. The Board may bring suit in the Circuit Court of Page County to restrain, enjoin or otherwise prevent violation of this chapter.
The provisions of this chapter shall be liberally construed in order to effectively carry out the purpose of this chapter in the interest of the public health, welfare and safety of the citizens and residents of Page County.