Section
Mass Gatherings
92.01 Definitions
92.02 Intent and purpose
92.03 Permit required
92.04 Issuance of permit; revocation; forfeiture of bond; cancellation
92.05 Standards and requirements
92.06 Injunction
92.07 Right of entry
92.08 Application for permit
92.09 Provisional permit, bond, and insurance required
92.99 Penalty
MASS GATHERINGS
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BOARD OF HEALTH. The County Board of Health.
COUNTY MANAGER. The County Manager of this county.
ENVIRONMENTAL HEALTH SPECIALIST. The representative of the county of the Board of Health.
HEALTH DIRECTOR. The Health Director of the county or his or her authorized representative.
MASS GATHERING. The congregation or assembly of not more than 5,000 and more than 500 people in an open space or open air for a continuous period of 12 hours or more; it shall include mass gatherings held for any purpose, but shall not include assemblies in permanent buildings or structures designed or intended for use by large numbers of people which meet standards set by local and state building codes.
PERSON. Any person, firm, corporation, or other organization of any kind which holds, sponsors, organizes, conducts, or promotes, jointly or severally, a mass gathering.
(1996 Code, § 92.01) (Ord. passed 2-5-1973; Ord. passed 10-16-2000)
The intent and purpose of this chapter is to provide for the protection of the public health, public welfare, and public safety of those persons in attendance at mass gatherings held in the county and of those persons who reside near or are located in proximity to the sites of mass gatherings or are directly affected thereby.
(1996 Code, § 92.02) (Ord. passed 2-5-1973)
Statutory reference:
Authority to regulate mass gatherings of 5,000 people or less, see G.S. § 130A-258
No person shall organize, sponsor, or hold any mass gathering unless a permit has been issued to such person by the County Manager under the provisions of this chapter. A permit shall be required for each mass gathering and is not transferable to other persons. Such permit is issued by the County Manager after receiving a written report from the Health Director or his or her staff, the report to determine if relevant provisions of this chapter have been complied with.
(1996 Code, § 92.03) (Ord. passed 2-5-1973; Ord. passed 10-16-2000) Penalty, see § 92.99
(A) If, upon inspection by the County Manager 30 days prior to the starting date of the mass gathering, or earlier upon request of the permittee, the required facilities are found to be in place and satisfactory arrangements are found to have been made for required services, and other applicable provisions of this chapter are found to have been met, the County Manager shall issue a permit for the mass gathering. If, upon such inspection, the facilities, arrangements, or other provisions are not satisfactory, the provisional permit shall be revoked and no permit issued.
(B) Upon revocation of either the provisional permit or the permit, the permittee shall immediately announce cancellation of the mass gathering in as effective a manner as is reasonably possible, including but not limited to the use of whatever methods were used for advertising or promoting the mass gathering.
(C) If the provisional permit or the permit is revoked prior to, or during, the mass gathering, the County Manager may order the permittee to install such facilities and make such arrangements as may be necessary to accommodate those persons who may nevertheless attend or be present at the mass gathering despite its cancellation and to restore the site to a safe and sanitary condition. In the event the permittee fails to comply with the order of the County Manager, the County Manager may immediately proceed to install such facilities and make such other arrangements and provisions for cleanup as may be minimally required in the interest of public health and safety, utilizing such state and local funds and resources as may be available to him or her. Prior to, or within 60 days after, such action, the County Manager may apply to a court of competent jurisdiction to order forfeiture of the permittee’s performance bond or surety for violation of this chapter. The court may order that the proceeds shall be applied to the extent necessary to reimburse the state and local governmental agencies for expenditures made pursuant to the action taken by the County Manager upon the permittee’s failure to comply with his or her order. Any excess proceeds shall be returned to the insurer of the bond or to the surety after deducting court costs.
(1996 Code, § 92.04) (Ord. passed 2-5-1973; Ord. passed 10-16-2000)
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