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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)
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)
(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)
(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
(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)