Chapter 6.12
FAIRS, CONCERTS AND PUBLIC FUNCTIONS

Sections:

6.12.010    Purpose of provisions.

6.12.020    Permit required.

6.12.030    Permit application.

6.12.040    Bond.

6.12.050    Violation--Penalty.

6.12.010 Purpose of provisions.

The requirements set out in this chapter for a license or permit for the functions described in this chapter within the town are required as an incident of the police power responsibility to the town to maintain and secure adequate traffic flow, ingress and egress for emergency vehicles and to adequately safeguard the public health, safety and welfare of the town and the general public using the public streets and roads of the town. (Ord. 60 § 7, 1970)

6.12.020 Permit required.

Any person, firm or corporation proposing and planning or otherwise intending to hold, arrange, conduct or cause to he held, arranged or conducted a public function at which fifty or more persons will be gathered on public or private property for the purpose of attending such function, is required to apply for and obtain a permit sixty days prior to the date of the function from the town clerk of the town and signed by the town clerk and the chief of police. (Ord. 60 § l, 1970)

6.12.030 Permit application.

A.    The permit application shall include:

1.    A statement of the identity of the sponsoring person, property owner, firm or corporation and officers of the firm or corporation;

2.    The estimated number of persons expected to attend;

3.    The estimated duration of such function, which shall not exceed twelve hours’ continuous duration;

4.    The location of the function; and

5.    Information concerning the proposed program, security plans, water, food, sanitation facilities and provision for cleanup.

B.    Applicants for permit shall include specific information regarding the number, use and wattage of loudspeakers and shall state the maximum proposed intensity of sound in decibels. A copy of Ordinance 30 of the town (Chapter 6.08 of this code), shall be attached to the permit application and shall become a part of the application.

C.    Applicants shall include specifications for parking of motor vehicles, designating area, ownerships, copies of permits or consent to use, etc., signed by property owners of the proposed parking area. Permit applicants, sponsors and property owners of parking areas for such functions shall provide clearly designated parking spaces together with sufficient attendants to control ingress and egress to the roads and streets maintaining access for safety, fire protection and emergency vehicles of the town. (Ord. 60 §§ 2, 3, 4, 1970)

6.12.040 Bond.

The applicants for permit shall post a performance bond in the penal sum of two thousand dollars not less than twenty days prior to the date scheduled for the permit function; said bond shall provide surety for the compensation of the town and or any other government agency called upon to assist in the maintenance of public peace, safety, welfare and health during and incident to such function. (Ord. 60 § 5, 1970)

6.12.050 Violation--Penalty.

A.    Any person, property owner, firm or corporation holding, arranging or conducting, or causing to be held, arranged or conducted any public concert, festival, fair or other function or assemblage without having first submitted a fully executed written application for such license or permit and having been granted the permit as provided in this chapter, shall be liable for the town by way of civil penalty in the sum of five hundred dollars, recoverable by civil process in aid of this chapter and provision, in either the district court for the county, or the superior court.

B.    The owner, operator, tenant or other person having either ownership, custody, control or right to control the parcel of real property on which such function or assemblage is held without valid license or permit for proceedings held thereon having been issued, shall likewise be liable to a civil penalty of five hundred dollars or, in the alternative, the actual cost of any special traffic control, safety, security, health or peace-keeping personnel and equipment employed or used by the town in connection with such proceedings in the sole judgment of the mayor on the advice of the chief of police for the purpose of maintaining order, traffic control and general public peace and security, which ever sum is greater.

C.    Such sum and expense as may be incurred or arranged for by the town and which remains unpaid ten days before such gathering or proceeding occurs, shall constitute a lien in favor of the town against the real property where such gathering or proceedings occur or take place, with or without the permit required by this chapter. (Ord. 60 § 6, 1970)