[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.
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.
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.
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.
A.
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.
B.
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.
C.
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.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
A
plan for adequate medical facilities for persons at the festival approved
by the Health Commissioner.
G.
A
plan for adequate parking facilities, traffic control and safe access
in and around the festival area approved by the Sheriff.
H.
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.
I.
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.
J.
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.
K.
A plan for providing that all minors will be supervised by adults
at the event.
L.
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.
A copy of the rules shall be submitted with the special entertainment
permit application.
B.
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.
C.
Temporary short-term outdoor lodging shall adhere to all other state
and local statutes, ordinances, and regulations.
D.
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:
(1)
The proposed number, locations, and dimensions of all campsites.
(2)
The proposed number and types of camping units.
(3)
The proposed sources and location of the water supply including showers
if available.
(4)
The proposed method and location of sewage disposal system including
items such as toilets, dump stations, etc.
(5)
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.
