(A) Permit required. No person may conduct a special event in a town park or recreation facility without having first obtained a special event permit from the town. For the purposes of this section, a SPECIAL EVENT includes, but is not limited to, a fair, carnival, festival, musical concert, sporting event or exhibition of items, vehicles, agricultural products, homemade items or arts and crafts, whether for sale or not.
(B) Applications. Applications for special events shall be submitted to the town at least 30 days prior to the scheduled start of the special event. The application shall be on a form provided by the town and shall include a site plan depicting existing facilities and proposed temporary facilities and activities, and any other required information.
(C) Fee; deposit. A non-refundable fee shall be required for each special event permit application, which fee shall be paid at the time of submittal of the application. A deposit shall also be required prior to each special event. The deposit shall be refundable to the applicant after the town determines that all conditions and requirements associated with the approved application and this chapter have been met. At a minimum, the special event site and all streets and other property used by or affected by the special event shall be restored to their original condition including, but not limited to, removal of debris and waste. The Town Council shall set the amount of fees and deposits by resolution. The Town Manager may require a greater deposit if he or she determines that the size or nature of the special event warrants a greater deposit.
(D) Denial. The Town Manager may deny an application for a special event permit if:
(1) The application contains a misrepresentation, false or misleading statement, evasion or suppression of a material fact;
(2) Another special event has been approved to occur on the same day in the same area or traffic circulation would be impeded or public safety would be compromised by having two or more special events in the same area;
(3) The application does not comply with this chapter and all other applicable codes, ordinances or other laws; and
(4) The proposed special event is unlawful or constitutes a public nuisance.
(E) Appeal. A decision of the Town Manager to deny an application under this division (E) may be appealed by written request to the Town Council. Appeals shall be filed within ten days after notice of the denial is received and shall state the reasons thereof. An appeal hearing shall be held by the Town Council within 30 days after receipt of an appeal. The applicant shall be provided written notice of the appeal hearing at least five days prior to the hearing. At the hearing, all parties shall have the right to be represented by counsel, to present testimony and evidence and to cross-examine witnesses. The proceedings shall be recorded and transcribed at the expense of the party so requesting. The Town Council shall, by majority vote of members present, render a written decision based on findings of fact and the application of the standards herein which shall be mailed to the applicant. The decision of the Council shall be final.
(F) Duration of event; extension. The special event permit shall include the approved duration of the special event. The Town Manager may grant an extension of the permit provided the applicant submits, in writing, a request for such an extension prior to the end of the special event.
(G) Display of permit. The special event permit shall be displayed at the special event site in a conspicuous location for the duration of the special event.
(H) Additional conditions; insurance. The town may impose reasonable conditions on any special event permit necessary to protect the safety of persons and property and the control of traffic and may require insurance for any special event held on town property with policy limits established by the town’s Risk Manager.
(I) Revocation of permit; appeal. A special event permit may be revoked by the Town Manager for the failure to comply with the approved plans, any requirements of this chapter or violation of any applicable town ordinances and county, state and federal laws and regulations. A notice of revocation shall be delivered or mailed by first class mail to the permittee. All activities associated with the special event shall immediately cease as of the date of the notice. If a special event permit is revoked, an appeal to the Town Council may be filed following the same procedures set forth in division (E) above. The decision of the Town Council on appeal of revocation shall be final.
(Prior Code, § 21-1-4) Penalty, see § 96.99