The intent of this chapter is to:
A. Promote
the general health, safety and welfare of the community.
B. Establish
guidelines under which special events may be held.
C. Promote
the economic well-being of the community through the orderly attraction
of people to special events.
D. Ensure
that City personnel are adequate to provide proper services for a
special event by having ample time to prepare.
E. Ensure
that any incremental or extraordinary costs to the City are borne
by the promoter of the event necessitating such costs.
As used in this chapter, the following terms shall have the
meanings indicated.
APPLICANT
The person or persons, organization, partnership, corporation,
or other entity required to apply for a permit under this chapter.
COMMUNITY EVENT
Any public assembly or gathering of people which may, because
of the location, time or anticipated number of persons involved, be
reasonably expected to have a significant effect upon the ordinary
use of the public streets, rights-of-way, sidewalks, beach or any
other public areas. By way of example and not in limitation, "community
event" includes fairs, festivals, parades, motorcades, bicycle rides/races,
rallies, marches, processions, walking events and concerts. Private
social gatherings on private property or funeral processions are not
included.
The City Manager may deny or modify a community event permit
for any of the following reasons:
A. The
event will significantly disrupt traffic within the City, and no practical
solution to such disruption is reasonably available.
B. The
event will significantly interfere with access to or egress from the
fire station such that the ability of the Fire Department to promptly
respond to emergencies would be jeopardized.
C. The
location of the special event will cause undue hardship to adjacent
businesses, residents and/or property owners.
D. The
event will require the diversion of City employees which would unreasonably
deny service to the remainder of the City.
E. The
event will interfere with a previously scheduled event.
F. The
applicant has submitted materially incomplete or false information.
G. Any
other articulable content-neutral reason narrowly designed to advance
a compelling and legitimate City interest with regard to the community
event.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The applicant shall pay the fee specified on the City’s
website. The fee shall be paid with the application and be refundable
under the circumstances stated on the website.
The approval of the City Manager of an application for a community
event permit may be made contingent upon the applicant providing the
City a certificate of liability insurance covering the City of Lewes
as an additional insured, in an amount of $1,000,000. In determining
whether or not to require insurance under this section, the City Manager
shall consider, among other things, the availability of such insurance
in the community, the size and nature of the event, the likelihood
of harm to the participants and/or spectators and the financial ability
of the applicant to pay for such insurance; provided, however, such
factors and the basis for consideration shall be content-neutral and
shall be narrowly designed to advance a compelling and legitimate
City interest.
No person(s) shall knowingly disrupt or interfere with any duly
permitted community event.
A permit issued under the provisions of this chapter may be
revoked or suspended by the City Manager, without prior notice, for
any of the following causes:
A. Fraud, misrepresentations or a material and significant incorrect
statement contained in the application for the permit or made in the
course of promoting the community event.
B. Failure to comply with any provision of this chapter.
C. Conducting the community event in an unlawful manner or in such a
manner as to constitute a menace to the health, safety or general
welfare of the public.
Any person violating any provision of this chapter shall, in
addition to other enforcement remedies and/or sanctions available
to the City forfeit and pay a civil penalty of not less than $25 or
no more than $500 upon conviction thereof, plus court costs. Each
day of the continuing violation shall constitute a separate violation.