§ 19-353 APPLICATION.

   (A)   General. An individual seeking issuance of a permit shall file an application with the Town Manager on forms provided by the town.

   (B)   Filing period. An application for a permit shall be filed with the Town Manager at least 30 business days, and no more than 180 days prior to the time at which it is proposed to conduct the parade or special event. The Town Manager shall not approve any application for a permit when the Town Manager finds that there is a conflict in both schedule and location (venue) with some other event for which a permit has been previously granted.

   (C)   Contents. The application for a permit shall set forth the following information:

      (1)   The name, address, and telephone number of the individual seeking to conduct such parade or special event;

      (2)   If the special event is proposed to be conducted for, on behalf of, or by an organization, then the name, address, and telephone number of the headquarters of the organization, and of the authorized, and responsible, heads of such organization;

      (3)   The name, address, and telephone number of the person to be in charge of the special event, and who will accompany him or her, and carry the permit at all times;

      (4)   The date on which the parade, or special event, is to be conducted, and the hours that such special event will start and terminate;

      (5)   If the proposed activity involves closing a town road, then the proposed route to be traveled, including the starting point and the termination point, shall be denoted on the application. The applicant shall include a statement as to whether the special event is proposed to occupy all, or any, portion of the width of any street within the town. If the road is a state street, written permission must be provided from the State Department of Transportation;

      (6)   The approximate number of persons who, and animals and vehicles which, will constitute such special event; the general type of animals, and general description of the vehicles;

      (7)   If the parade, or special event, is designed to be held by, or on behalf of, or for any individual or entity other than the applicant, the applicant for such permit shall file, with the Town Manager, a written document from the person, or entity, proposing to hold the special event, authorizing the applicant to apply for the permit on the person’s, or entity’s, behalf; and

      (8)   The location by address, or commonly known name of any assembly area that the applicant proposes as the venue, together with a description of the activities planned during the event, including, but not limited to, a description of any sound amplification equipment that will be used during the assembly.

§ 19-354 REQUIREMENTS FOR ISSUANCE.

   Within ten business days after the filing thereof, the Town Manager shall issue a permit, as provided in this section, if:

   (A)   The applicant for the permit has agreed to abide by the standards set forth in this division, or any other town ordinance, which are necessary measures to promote the health, safety, and welfare of the community;

   (B)   The location proposed for the event appears to be a proper venue, taking into consideration the number of expected participants, the type of event, any resources requested of the town, the volume of sound, the length of the proposed event, and the anticipated parking needed; and, the venue can be used for such an event so that the reasonable expectations of residents, and businesses, can be balanced against the reasonable needs of the applicant;

   (C)   No other special event has previously been issued a permit for the same date and location as requested in the application. If two or more applications request the same date for a parade, or special event, the Town Manager shall consider the applications in the order they were filed;

   (D)   The proposed special event does not conflict with the temporary closing of streets by a department of the town for activities related to maintenance, repair, construction, alteration, or other official duties of such department; and

   (E)   The time, route, or size of the proposed special event will not disrupt the use of a public vehicular street ordinarily subject to significant congestion or traffic, unless reasonable provision can be made by the town for the safe, and orderly, movement of vehicular and pedestrian traffic along alternate routes during the proposed special event;

   (F)   The conduct of the special event will not require the diversion of so great a number of Town Police Officers to properly police the parade, or special event, and the areas contiguous thereto, as to prevent normal police protection in the town;

   (G)   General liability insurance is provided for the event; and/or

   (H)   All effected town departments have approved the proposed special event.

§ 19-355 DENIAL OF PERMIT REQUEST; ALTERNATIVE PERMIT; APPEAL.

   (A)   If the Town Manager disapproves the application, he or she shall notify the applicant of the decision, stating the reasons for the denial of the permit. Upon the denial of an application for a permit made pursuant to this division, the applicant may appeal to the Town Council within five business days from the date notice of the denial is mailed to the applicant, by first-class mail, to the address of the applicant on the application. Appeal may be made, in writing, to the Town Manager who shall set the appeal for hearing by the Town Council for the next regularly scheduled Council meeting.

   (B)   The Town Manager, in approving an application for a permit, may authorize the special event at a date, time, route, or location different from that proposed by the applicant. The Town Manager shall state the reasons for the issuance of the alternative permit location based on the criteria listed in § 19-354. An applicant desiring to accept a permit for a place and/or time differing from that proposed shall, within five days of the issuance of the permit, file a written notice of acceptance of the same with the Town Manager. Appeal of location may be made by filing an appeal, in writing, to the Town Manager who shall set the appeal for hearing by the Town Council for the next regularly scheduled Council meeting.

§ 19-356 STANDARDS APPLICABLE TO SPECIAL EVENTS.

   (A)   The person designated by the applicant as the person responsible for the physical conduct of the parade, or special event, shall be physically present, and accept responsibility for compliance with any, and all, terms of the permit.

   (B)   The applicant shall file with the Town Manager a waiver signed by the applicant releasing, and saving, the town and its employees harmless for any claims, actions, and lawsuits arising out of the conduct of the parade, or special event, excepting injuries or damages proximately caused by the town.

   (C)   Every special event shall remain in the parameters designated, and approved, by the Town Manager.

   (D)   No person shall unreasonably hamper, obstruct, impede, or interfere with any special event, or with any person, vehicle, or animal participating, or used, in a special event.

   (E)   The person designated in the application as responsible for the special event shall be responsible for ensuring that any booths, stands, or other equipment used in the special event are removed from the area within a reasonable amount of time.

§ 19-357 RESPONSIBILITY OF PARTICIPANTS AND PERSON IN CHARGE.

   Participants in a special event are required to abide by this division and the terms of the permit issued pursuant to this division. Willful violation thereof will constitute a violation of this division, and is punishable as provided by law.