[HISTORY: Adopted by the Mayor and Council
of the Town of Hampstead 7-14-2009 by Ord. No. 464.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Loitering — See Ch. 90.
[1]
Editor's Note: This ordinance also repealed former Ch. 103,
Public Gatherings, adopted 9-20-1976 by Ord. No. 172, as amended.
The purpose of this chapter is to establish a well-defined process
to allow persons to hold public gatherings or special events in the
Town of Hampstead while ensuring such gatherings or events are planned
and conducted in such a manner that protects public health and safety
and minimizes disruption to the greater community.
As used in this chapter, the following terms shall have the
meanings indicated:
Any parade, event, fair, carnival, circus, block party, march,
fun run, walkathon, athletic event, bicycle race or any other such
gathering of at least 25 people in which the activity takes place
on, in or through any public sidewalk, street or right-of-way or on
public property such as municipal parks.
The following public gatherings or special events do not require
a permit:
A.
Wedding or funeral processions.
B.
Family or community reunions.
C.
Religious services.
D.
Political rallies.
E.
School events held on school property.
F.
Gatherings or events at municipal parks within the capacity of the
park.
G.
Sidewalk picketing or marching solely limited to being conducted
on public sidewalks, when the picketing is conducted in such a manner
that allows pedestrian traffic an opportunity to pass by the picketing
unobstructed, and that allows pedestrian and/or motor vehicle traffic
an unobstructed opportunity for ingress and egress to property.
The following public gatherings or special events require a
permit:
A.
Parades on public streets.
B.
Circuses or carnivals.
C.
Walks, marches, runs, races, bicycle races or similar events using
public streets or ways.
D.
Festivals, street fairs or flea markets.
E.
Other gatherings where the Town Manager or Chief of Police determines
that such event may disrupt the normal movement of traffic or persons
on public streets or ways.
The applicants or sponsors of any public gathering shall indemnify
the Town of Hampstead for and hold it harmless from and defend it
against any and all claims, lawsuits or other liability arising from
or as a result of the activity, event or use.
The applicants or sponsors may be required to reimburse the
Town for any cost related to the use of Town employees and for any
other expenses incurred by the Town in preparing for and/or administering
the public gathering. The determination of any requirement to reimburse
the Town shall be made by the Town Council.
The Town reserves the right to require the applicant or sponsor
of a gathering where more than 100 people are expected to attend to
secure liability coverage for his or her organization, naming the
Town as an additional insured. To the extent reasonably practicable,
liability insurance coverage shall be in the minimum amounts of $500,000
per claimant and $1,000,000 per occurrence.
A.
The application shall contain:
(1)
The name, address, telephone number and e-mail address of the applicant.
(2)
The name, address, telephone number and email address of the sponsoring
organization.
(3)
The name and cellular telephone number of the designated person(s)
supervising and in attendance at the gathering.
(4)
The nature of the public gathering.
(5)
The time, date, place and duration of the gathering.
(6)
The anticipated attendance.
(7)
If the gathering involves public streets or ways, a plan showing
what streets or ways will be used and a plan to manage traffic and
parking. The applicant or sponsor shall be responsible for renting,
placing and removing any required barricades or traffic control devices.
(8)
If the gathering will generate litter or trash, a plan to remove
any litter or trash generated by the gathering. The applicant or sponsor
shall be responsible for removing and disposing of all litter and
trash.
(9)
Such other pertinent information as may be required, to include but
not limited to plans related to refuse disposal, utility service,
sanitation facilities, private property protection, noise control,
staging area or other areas for personnel and equipment.
(10)
A certification that the applicant or sponsor will indemnify
the Town for and hold it harmless from and defend it against any and
all claims, lawsuits or other liability arising from or as a result
of the activity, event or use.
B.
Application shall be made to the Town of Hampstead no later than
30 days prior to the event. The Town Manager may, for good cause shown,
waive the thirty-day requirement for filing the application, but in
no event shall the application be filed less than five days prior
to the scheduled event.
A.
Within 10 days after receipt of an application for public gathering,
the Town Manager shall issue a permit for such public gathering if:
(1)
The applicant has not knowingly and with intent to deceive made any
false, misleading or fraudulent statements of material fact in the
application for a permit or in any other document required pursuant
to this chapter;
(2)
The applicant has met the standards in this chapter and agrees to
such conditions as are imposed in the permit;
(3)
The time, duration, size and location of the gathering will not substantially
disrupt the safe movement of traffic or otherwise be deleterious to
public health, safety or welfare;
(4)
Any required or necessary street closure is of a size or nature such
that it will not require the diversion of so great a number of police
officers so as to prevent normal police protection to the Town;
(5)
The concentration of persons will not unduly interfere with proper
fire and police protection of, or ambulance service to, areas contiguous
to that area where the gathering is being held;
(6)
Any required or necessary temporary street closure will not unduly
interfere with the safe movement of traffic;
(7)
Any necessary plans to manage traffic, parking, litter removal, security,
crowd control or other elements of the gathering are approved by the
Town Manager and/or Chief of Police.
B.
If the application for a public gathering permit is denied by the
Town Manager, the denial shall be provided in writing to the applicant
within seven days of the application, and the reason(s) for refusal
shall be cited.
The refusal by the Town Manager to issue a public gathering
permit under this chapter may be appealed, in writing, to the Mayor
and Council of said Town within seven days after notice of such refusal
is mailed to the applicant. Such appeal shall be heard by the Mayor
and Council at any regular public session of the Council.
A.
The holding, maintaining or operating of such public gathering, as
herein described, without a permit shall be unlawful and shall be
immediately closed by the Town of Hampstead and its duly authorized
agent or agents. Such agents shall include the Town Manager, the Chief
of Police and/or any uniformed police officer of the Town of Hampstead.
B.
A permit issued pursuant to this chapter may be revoked for reasons
of emergency, disaster, calamity, disorder, riot, extreme traffic
conditions, violation of this chapter or any permit conditions, undue
burden on public services or other circumstances where the health,
safety or public welfare requires revocation. Notice of revocation
shall be delivered in writing or, during the gathering or event, verbally
to at least one person named upon the permit.
Any person, persons, organization, firm or corporation holding,
maintaining or operating any public gathering or entertainment, as
described in this chapter, without first securing said permit shall
be guilty of a municipal infraction subject to a fine not to exceed
$500.
