[HISTORY: Adopted by the Board of Supervisors of Shenandoah County
9-23-1997 by Ord. No. 97-7. Amendments noted where applicable.]
This chapter is enacted pursuant to § 15.2-1200 of the Code
of Virginia for the purpose of providing necessary regulations of musical
or entertainment festivals or events conducted in open spaces, not within
an enclosed structure, in the interest of the public health, safety and welfare
of the citizens and inhabitants of Shenandoah County.
When used in this chapter, the following words shall have the meanings
indicated:
The Board of Supervisors of Shenandoah County, Virginia.
Any gathering of groups or individuals exceeding one hundred (100)
persons in open spaces, not within an enclosed structure, for the following
types of entertainment:
Musical productions, participatory events or shows.
Outdoor theater and historical reenactments.
Arts and crafts shows.
Animal races or shows.
Carnivals or amusements.
Motor vehicle shows.
Any other outdoor entertainment, event or show open to the general public
or by invitation only where one hundred (100) or more attendees are expected.
No person, firm, corporation or partnership shall stage, promote or
conduct any musical or entertainment festival or event in the unincorporated
areas of Shenandoah County unless there shall have been first obtained from
the County 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 in duplicate with the Office of
County Administration at least twenty-one (21) days before the date of such
festival or event, and at least fourteen (14) days prior to the next regular
meeting of the Board of Supervisors. Such application shall have attached
thereto and made a part thereof the plans, statements, approvals and other
documents required by this chapter. A copy of such application shall be sent
by the Office of County Administration to each member of the Board the day
such application is filed.
A.
Permits for festivals or events where the number of expected
attendees exceeds one hundred (100) persons but is less than five hundred
(500) persons shall be reviewed by the County Administrator, or his designee,
in consultation with the Shenandoah County Sheriff. The County Administrator
shall grant or deny such permit within ten (10) days of receipt of application
based on the completeness of the application and demonstration by the applicant
that adequate facilities and services are planned to handle the impacts of
the event. A decision to deny a permit may be appealed by the applicant to
the Board of Supervisors.
B.
Permits for festivals or events where the number of expected
attendees is five hundred (500) or more persons shall be reviewed by the Board.
The Board shall grant or deny such permit not later than the next scheduled
regular Board meeting based on the completeness of the application and demonstration
by the applicant that adequate facilities and services are planned to handle
the impacts of the event.
If granted, the permit shall be issued in writing on a form for the
purpose and mailed by the Office of County Administration to the applicant
at the address indicated. If denied, the refusal shall be in writing and reasons
for such denial stated therein and mailed 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 are submitted to the
County with the application:
A.
A copy of the ticket or badge of admission to said festival,
attached to the application, 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, the financial backing 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
by address and tax map parcel identification number, 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.
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 County health officer.
E.
A plan for providing food, water and lodging 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
County health officer.
F.
A plan for adequate medical facilities for persons at
the festival, approved by the County health officer.
G.
A plan for adequate parking facilities and traffic control
in and around the festival area.
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 Fire Marshal.
I.
A statement specifying whether any outdoor 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 shall be played, either by
mechanical device or live performance, or other noise made in such a manner
that the sound emanating therefrom shall be unreasonably audible beyond the
property on which the festival is located.
Music shall not be rendered nor entertainment provided for more than
eight (8) 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 person under eighteen (18) years of age shall be admitted to any
festival unless accompanied by a parent or guardian, the parent or guardian
to remain with said person at all times.
No permit 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.
The provisions of this chapter shall be liberally construed in order
to carry out effectively the purposes of this chapter in the interest of the
public health, welfare and safety of the citizens and residents of Shenandoah
County.
Any person, firm or corporation which violates any provision of this
chapter shall be guilty of a Class 1 misdemeanor. Each violation shall constitute
a separate offense. The Board may bring suit in the Circuit Court of Shenandoah
County to restrain, enjoin or otherwise prevent violation of this chapter.
