§ 92.05 STANDARDS AND REQUIREMENTS.

   (A)   The following standards and requirements are intended to protect the health, welfare, and safety of those attending mass gatherings, and of other persons who may be affected by mass gatherings. In applying these standards and requirements to a particular mass gathering, the County Manager is authorized to apply more rigid or less rigid standards and requirements as called for by the specific characteristics of the gathering, based upon generally recognized public health principles and practices. Any such alteration in the prescribed standards and requirements shall be in writing and shall be sent to the applicant.

   (B)   Necessary facilities and services shall be provided, including but not limited to the following.

      (1)   Activity area. An activity area shall be provided of sufficient size to accommodate the estimated number of persons reasonably expected to be attendance at any one time. This activity area is in addition to those areas required for parking in division (B)(7), for camping in division (B)(4), and for the command post in division (B)(5) of this section.

      (2)   Distance from dwellings. No part of the perimeter of the activity and camping areas shall be within 1,500 feet of any residence unless the occupant or owner has signed a written waiver. Notarized copies of any such waivers shall accompany the application.

      (3)   Distance from certain public water supply sources. No part of the perimeters of the activity, including camping areas, shall be located within one mile of a Class I or Class II reservoir, as classified by NCDENR, Division of Environmental Health, Public Water Supply Section.

      (4)   Camping area. An area of adequate size shall be provided and designated for camping. Such area shall be in addition to the areas provided for activities in division (B)(1) and for parking in division (B)(7) of this section.

      (5)   Command post. An adequate command post at a conveniently accessible location approved by health, law enforcement, and other governmental agencies shall be provided for use by personnel of health, law enforcement, and other governmental agencies. The command post shall consist of at least one building or mobile unit equipped with an adequate number of telephones and other utilities, and an adequate number of parking spaces. The permittee shall ensure access to it at all times by such governmental personnel.

      (6)   Ingress and egress roads; entrances and exits. The permittee shall provide personnel and arrangements necessary to keep entrances and exits to public highways open to traffic at all times. He or she shall make arrangements with private parties and/or consult with the State Department of Transportation regarding adequate ingress and egress roads.

      (7)   Parking. Parking facilities shall be provided off public roadways sufficient to serve the reasonably expected requirements at a rate of up to 100 passenger cars per acre or 30 buses per acre. One parking space for cars shall be provided for each four people to attend. Camper class vehicles shall park in the camping area provided in division (B)(4) above. Parking on shoulders of public highways shall not be permitted and temporary signs shall be erected by applicant to so indicate.

      (8)   Plan for limiting attendance, exclusion of non-ticket holders, crowd control, and security enforcement. The application for permit shall be accompanied by a written plan for limiting attendance to the number stated in the application for permit, the exclusion of persons not holding tickets, and a written plan for security guards to be provided for internal and external crowd control and security enforcement. The plan shall be accompanied by a written statement by the Sheriff or Chief of Police, whomever has jurisdiction over the area, that the plan seems adequate. The permittee shall execute the plan.

      (9)   Dust control. The application shall be accompanied by a written plan for dust control. The permittee shall execute the plan.

      (10)   Fire prevention and control. The application shall be accompanied by a written plan for fire prevention and control, to be approved by the Fire Marshal.

      (11)   Plans for emergencies. The application shall be accompanied by written plans for dealing with emergency situations involving the occurrence of incidents requiring rapid evacuation, including arrangements for use of emergency egress roads.

      (12)   Provision of adequate medical care. The application for permit shall be accompanied by a written plan for the provision of adequate medical care, such plan having been approved in writing by the local Health Director and EMS Director. At the time of the inspection required by § 92.09, the structure and all supplies and equipment provided for in the plan shall be in place; and the agreements and statements provided for in the plan shall be determined to be valid. The plan shall include provisions for:

         (a)   The name and address of a physician licensed to practice medicine in the state to be responsible for the organization and delivery of emergency medical services. A signed, notarized statement by the physician accepting the responsibility shall accompany the plan. He or she shall determine how many licensed physicians, licensed nurses, and other medical personnel shall be on duty on the premises at any particular time;

         (b)   At least one enclosed covered structure to be used as a medical treatment center. The structure or structures shall provide at least a total of 450 square feet and have hot and cold running water under pressure from an approved source;

         (c)   A list of medical supplies and equipment sufficient to support reasonably anticipated medical care requirements, to be on-site prior to the mass gathering;

         (d)   Notification of all general public hospitals within 20 miles of the mass gathering location as to scheduled dates and anticipated attendance of the mass gathering; and

         (e)   The name and address of at least one licensed ambulance service agency to be responsible for providing emergency transportation. A signed, notarized statement by an official of the agency accepting the responsibility shall accompany the plan.

      (13)   Water supply.

         (a)   General. There shall be provided a water supply from an approved source. An approved emergency source shall be provided in addition, where necessary. Approved facilities shall be provided for distribution and dispensing, and the supply shall be adequate in quantity and quality. The sponsor shall have in his or her possession, at the time of the inspection as provided in § 92.09, the reports of bacteriological and chemical examinations of water samples by the State Laboratory of Public Health. The water shall be chlorinated so as to provide a free chlorine residual of at least one part per million at all outlets at all times during the gathering. The water supply and the facilities for distribution and dispensing shall be provided with effective safeguards to prevent the introduction of hallucinogenic drugs or other contamination.

         (b)   Requirements. If water is to be provided only for drinking and washing, water shall be supplied at a rate of three gallons per person per day and a peak hour demand of one and one-half pints per person. If water is to be provided for drinking, washing, and bathing, water shall be supplied at a rate of 12 gallons per day per person and a peak hour demand of six pints per person.

         (c)   Source. Water shall be obtained from a public or community water supply approved by the NCDENR, Division of Environmental Health, Public Water Supply Section. If a new source of water supply is to be provided, the application shall be accompanied by the necessary plans, engineer’s report, and specifications (in triplicate) as required for review and approval by the Division of Environmental Health, Public Water Supply Section, and the application shall include plans, engineer’s report, and specifications for an emergency source capable of supplying at least three gallons per day per person. If water is to be hauled from an off-site source, storage facilities shall be provided in the area sufficient in volume to supply the needs of the gathering for its duration. Before being filled with water for use during the gathering, all such storage tanks shall be cleaned thoroughly, filled with clean water containing a chlorine residual of at least 100 parts per million, and, after a contact time of at least 24 hours, all such tanks shall be emptied. Subsequently, and prior to the issuance of a permit, all such tanks shall be closed and locked so as to give positive protection against the introduction of contamination.

         (d)   Distribution. Water outlets shall be provided at an adequate number of convenient and readily accessible locations properly distributed throughout the activity and camping areas.

      (14)   Toilet facilities; sewage disposal.

         (a)   Sanitary toilet facilities shall be provided at an adequate number of convenient and readily accessible locations properly distributed throughout the activity and camping areas at a rate of not more than 100 persons per toilet seat.

         (b)   If chemical toilet rental service is to be employed, all toilets shall be so located as to be readily accessible by service vehicles and shall be serviced as often as necessary. Material removed from such toilets shall be disposed of in a public or community sewerage system, or in an approved area that has been permitted as a septage disposal site by NCDENR, Division of Waste Management. Disposal must be done by a permitted septage management company.

         (c)   If water-carried sewerage facilities are provided, the sewer system shall be connected to a public or community sewerage system having wastewater treatment facilities of adequate capacity to treat the flow of wastewater from the mass gathering; and the application shall be accompanied by a signed statement by the DEHNR, Water Quality Section attesting to the adequacy of the treatment facilities. A similar statement shall accompany the application if material removed from chemical toilets is to be disposed of in a public or community sewerage system. No sewage shall be discharged to the surface of the ground or into any watercourse.

      (15)   Solid waste collection and disposal. Facilities shall be provided for all solid wastes to be collected and stored in leak-proof, non-absorbent containers, and all solid wastes shall be removed daily or more often as necessary and disposed of at the County Transfer Station. Approved receptacles shall be provided at places conveniently located throughout the activity, camping, and parking areas, and at each food service facility for the deposition of solid wastes. If bulk solid waste storage containers are used, at least two 4-cubic-yard containers shall be provided per 1,000 persons in the case of twice-daily removal, and these containers shall be so located as to be accessible to solid waste service vehicles.

      (16)   Food dispensing. Sanitary food dispensing facilities shall be provided at accessible and convenient locations, and shall be maintained in a sanitary condition. Perishable food items dispensed from such facilities shall be limited to a pre-packaged items, such as wrapped sandwiches, prepared in commercial establishments and under official sanitary supervision, and shall be dispensed in the unbroken packages, provided that chicken, hamburgers, and frankfurters obtained from approved sources may be cooked and packaged at the site if all operations of preparation, cooking, and packaging in unit packages for dispensing to individuals are done inside an approved structure or vehicle, in a sanitary manner, and otherwise in compliance with 15A NCAC 18A.2600, “Rules Governing the Food Protection and Sanitation of Food Establishments.” Perishable foods shall be stored at or below 45°F, or in the frozen state, until heated or cooked immediately before serving.

      (17)   Insect and rodent control. There shall be no fly or mosquito breeding places, rodent harborages, or undrained areas on the premises. Necessary measures shall be taken to control flies, mosquitoes, rodents, or other vermin.

      (18)   Post-gathering cleanup. Within one week after the end of the gathering, all areas and immediate surrounding properties shall be cleaned of all litter and solid wastes attributable to the mass gathering. Unless otherwise directed by the property owner, all temporary solid waste facilities and signs shall be removed.

      (19)   Noise level at perimeter. The application shall be accompanied by detailed plans for amplifying equipment, which shall be so located and operated as to limit the noise level at the perimeter of the site to no more than 70 decibels on the A scale of a sound level meter which meets the specifications of the American National Standards Institute. The applicant shall include a signed statement certifying that the noise level limit as herein specified will not be exceeded.

      (20)   Lighting. The application shall be accompanied by detailed plans for lighting designed to illuminate the site.

      (21)   Signs. Signs shall be posted throughout the area showing the locations of toilet facilities, water supply outlets, solid waste receptacles, food stands, first-aid facilities, and the command post.

(1996 Code, § 92.05) (Ord. passed 2-5-1973; Ord. passed 10-16-2000)

§ 92.06 INJUNCTION.

   If any person shall violate or threaten to violate the provisions of this chapter or any rules and regulations adopted pursuant thereto and such violation, if continued, or such threatened violation, if committed, is or may be dangerous to the public health, safety, or welfare, or if any person shall hinder or interfere with the proper performance of duty of the County Manager or his or her representative and such hindrance or interference is or may be dangerous to the public health, the County Manager may institute an action in the superior court of the county in which such violation, threatened violation, hindrance, or interference occurred for injunctive relief against such continued violation, threatened violation, hindrance, or interference, irrespective of all other remedies at law, and upon the institution of such an action, the procedure shall be in accordance with the provisions of G.S. Chapter 1, Article 37.

(1996 Code, § 92.06) (Ord. passed 2-5-1973)

§ 92.07 RIGHT OF ENTRY.

   Authorized representatives of the County Manager shall have at all times the right of proper entry upon any and all parts of the premises of any place in which such entry is necessary to carry out the provisions of this chapter, or the rules and regulations adopted under the authority of this chapter; and it shall be unlawful for any person to resist a proper entry by such authorized representatives the County Manager.

(1996 Code, § 92.07) (Ord. passed 2-5-1973)

§ 92.08 APPLICATION FOR PERMIT.

   (A)   Application for a permit for a mass gathering shall be made to the County Manager, on a form and in a manner prescribed by him or her, by the person who will organize, sponsor, or hold the mass gathering. The application shall be filed with the County Manager at least 60 days prior to the commencement of the mass gathering. A nonrefundable fee of $300 shall accompany the application.

   (B)   The application shall contain the following information:

      (1)   Identification of the applicant;

      (2)   Identification of any other person(s) responsible for organizing, sponsoring, or holding the mass gathering;

      (3)   The location of the proposed mass gathering;

      (4)   The estimated maximum number of persons reasonably expected to be in attendance at any one time;

      (5)   The date or dates and the hours during which the mass gathering is to be conducted; and

      (6)   A statement as to the total time period involved.

   (C)   The application shall be accompanied by an outline map of the area to be used, to approximate scale, showing the location of all proposed and existing privies or toilets; lavatory and bathing facilities; all water supply sources including lakes, ponds, streams, wells, storage tanks, and the like; all areas of assemblage; all camping areas; all food service areas; all garbage and refuse storage and disposal areas; all entrances and exits to public highways; and emergency ingress and egress roads.

   (D)   The application shall be accompanied by such plans, reports, and information required by the County Manager as he or she shall deem necessary to carry out the provisions of this chapter.

   (E)   In addition to the requirements provided in divisions (A) through (D) of this section, the application shall contain a statement that the applicant will use every reasonable means to provide adequate surveillance and security necessary to ensure compliance by those in attendance at such mass gathering with all applicable laws which prohibit the unlawful possession, possession for sale, sale, transportation, or use of intoxicating beverages or drugs, whether narcotic or not, if prohibited by applicable law, and if such permit be granted, the applicant shall employ or otherwise provide competent and trained security personnel at a ratio of one for each 500 persons, or fraction thereof, expected to be in attendance at such mass gathering, which security personnel shall be approved in writing by the Sheriff of the county, and such approval must be attached to the application.

   (F)   In addition to requirements provided in divisions (A) through (E) of this section, the application shall contain a statement that the applicant will use every reasonable means to provide adequate surveillance and security to ensure compliance by those in attendance at such mass gathering with applicable laws relating to traffic regulations, trespass, and crimes against persons and property in an area with a radius of 2,500 feet from the center of the proposed site for such mass gathering, and in the event such permit is granted, shall provide competent, trained personnel as provided in division (E) above.

   (G)   Prior instances of violations of applicable law designated in divisions (E) and (F) of this section or of this chapter, as evidenced by final judgments of courts of this county or courts hearing cases arising out of this county, shall be considered by the County Manager along with the information required to be set forth in the application provided for herein and other evidence in determining whether or not to grant the requested permit, and such violation within one year of the date of such application shall be grounds for denying such permit.

(1996 Code, § 92.08) (Ord. passed 2-5-1973; Ord. passed 10-16-2000)

§ 92.09 PROVISIONAL PERMIT, BOND, AND INSURANCE REQUIRED.

   (A)   Within ten days after the receipt of the application, the County Manager and the Health Director shall review the application and inspect the proposed site for the mass gathering. If it reasonably appears that the requirements of this chapter can be met by the applicant, a provisional permit shall be issued.

   (B)   If the County Manager shall deem it necessary to protect the health, welfare, and safety of those persons in attendance at mass gatherings and of other persons who may be affected by mass gatherings and to carry out the provisions of this chapter, he or she may require the permittee within five days after issuance of the provisional permit to file with the County Manager a performance bond or other surety to be executed to the county in the amount of $5,000. The bond, if required, shall be conditioned on full compliance with this chapter and shall be forfeitable upon noncompliance and a showing by the County Manager of any injury, damage, or other loss to the state or local governmental agencies caused by the noncompliance. The permittee shall in addition file satisfactory evidence of public liability and property damage insurance in an amount determined by the County Manager to be reasonable (but not to exceed $1,000,000 in amount) in relation to the risks/hazards involved in the proposed mass gathering.

(1996 Code, § 92.09) (Ord. passed 2-5-1973; Ord. passed 10-16-2000)

Statutory reference:

   Minimum bond required by law, see G.S. § 130A-255

§ 92.99 PENALTY.

   (A)   Any person who willfully holds a mass gathering as herein defined without first securing a permit to do so as herein provided shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $50, or imprisonment for a period not to exceed 30 days.

   (B)   Any person who willfully fails to perform any other act required by §§ 92.01 through 92.09, or who willfully does any act prohibited by §§ 92.01 through 92.09, shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine not to exceed $50, or by imprisonment for a period not to exceed 30 days.

   (C)   Further, a violation of the above section of this code shall be a violation of G.S. § 14-4 and such violation shall be classified as a Class 3 misdemeanor with a maximum fine of up to $450, except that any violations of §§ 150.999, 154.99, 155.999, and 156.999 shall not be a violation of G.S. § 14-4 and shall not be considered a misdemeanor.

(1996 Code, § 92.99) (Ord. passed 2-5-1973)