(a) Purpose. Lazy Daze Arts & Crafts Festival, a town-sponsored festival, attracts an extraordinarily large number of persons who are confined to a limited area for a festival that is of greater duration than other community events. Because of crowded conditions, certain activities, such as the riding of bicycles and other wheeled vehicles, and the throwing of frisbees and balls, pose hazards presenting the possibility of injury to persons and damage to property. Additionally, Lazy Daze features organized activities, live entertainment, food concessions, and hundreds of authorized exhibitors who display and offer for sale artwork, crafts, and related items. The town parks and recreation department issues permits to persons desiring to place or maintain an exhibit or concession stand or to otherwise engage in outdoor sales. The exhibition, offering for sale and selling of merchandise or food and beverages by unauthorized vendors poses a threat to the public safety and welfare, interferes with planned traffic flow and the maintenance of order, frequently violates the town zoning code, and detracts from the authorized exhibits and concessions. The purpose of this section is to protect and promote the public health, safety, welfare, and recreation, by regulating certain activities at Lazy Daze and other town-sponsored events to which these provisions are made to apply.
(b) Applicability. This section shall apply to that town-sponsored festival known as Lazy Daze Arts & Crafts Festival and may be made to apply to any other town-sponsored festival or event by action of the town council.
(1) As to Lazy Daze, this section shall apply from 12:00 noon on the day preceding the event through 9:00 p.m. on the scheduled day of the event, or the rain date, if necessary, to all of that area bounded on the south by Dry Avenue; on the west by South and North Harrison Avenue; on the north by the CSX Railroad tracks; and on the east by Walker Street.
(2) The area and boundaries of any other town-sponsored event to which these provisions shall be made to apply shall be determined by the town council.
(3) The boundaries and interior of Lazy Daze and any other event to which these provisions apply shall consist of any property that is part of Lazy Daze or other special event and shall include any public street, sidewalk, or other publicly owned area that is within or constitutes the boundary of that event.
(c) Unlawful to operate bicycle or other wheeled vehicle. It shall be unlawful for any person to operate a bicycle, tricycle, unicycle, moped, skateboard, or any other wheeled vehicle, roller skates or roller blades (all hereafter referred to as "wheeled vehicle") on or within the boundaries of Lazy Daze or any other town-sponsored event to which these provisions have been made to apply. For purposes of this section, the term "operate" shall mean the use, putting into action, or causing to function of a wheeled vehicle by a person mounted thereon. This section shall not apply to wheelchairs, baby strollers, or baby carriages.
(d) Unlawful to throw balls, etc. It shall be unlawful for any person to toss or throw a ball, Frisbee, model airplane, or similar object on or within the boundaries of Lazy Daze or any other town-sponsored event to which these provisions have been made to apply.
(e) Unlawful to use fireworks at Lazy Daze. It shall be unlawful for any person to purchase, sell, deal in, transport, possess, receive, use, or cause to be used or discharged, any fireworks on or within the boundaries of Lazy Daze or any other town-sponsored event to which these provisions have been made to apply. For the purpose of this section, "fireworks" shall mean those nonexploding glow worms, smoke bombs, noisemakers, and sparklers that are described in G.S. 14-414(1)--(6).
(f) Unlawful to conduct outside sales. It shall be unlawful for any person to exhibit, display, offer for sale or to sell any merchandise or other item, any service, food or beverage from any outside location (hereafter referred to as "outside sales") on public property, within the boundaries of Lazy Daze unless such person has been issued a permit for such outside sales by the town parks and recreation department. Any person conducting outside sales shall display the permit issued by the parks and recreation department in a conspicuous place at the location of the outside sales.
(g) Exhibit permits. It shall be unlawful to fail to produce and exhibit any permit from the town parks and recreation department for outside sales an exhibitor or vendor claims to have upon the request of a law enforcement officer (or a member of the parks, recreation and cultural resources department) who shall desire to inspect it for purposes of ensuring compliance with this section.
(h) Failure to cease activities. It shall be unlawful for a person on or within the boundaries of Lazy Daze or any other special event to which these provisions have been made to apply, to fail to obey the command of a law enforcement officer to:
(1) Cease the operation of a wheeled vehicle;
(2) Cease the tossing, or throwing of a ball, frisbee, model plane, or other object; or
(3) Cease exhibiting, displaying, offering for sale, or selling any merchandise, service, food or beverage, on or within 100 feet of the boundaries of Lazy Daze without a valid permit from the parks and recreation department and a valid town business license.
(i) Exception. This section shall not apply to the operation of any wheeled vehicle or the throwing or tossing of any ball, frisbee, or other object if the otherwise prohibited activity is part of an authorized exhibit or display. The director of parks, recreation and cultural resources or designee shall have the authority to specify the conditions under which wheeled vehicles may be operated and balls, Frisbees, or objects may be thrown or tossed for the protection of the public.
(k) Enforcement. Any law enforcement officer may issue a citation for a civil penalty for violation of this section in the amount of $20.00. This authority shall be in addition to any other authority and shall not preclude in any way any law enforcement officer from exercising any authority or carrying out the duties of a law enforcement officer. Enforcement of an unpaid citation may be by issuance of a criminal summons or by the filing of a civil complaint to collect the unpaid debt owed to the town.
(Code 1982, § 14-28; Ord. No. 91-29, § 1, 8-8-1991; Ord. No. 94-018, § 1, 7-28-1994)
State law reference(s)--Civil penalties, G.S. 160A-175(c).