(A) Clean up and damage to public property. The sponsor or property owner shall be responsible for maintaining all areas encompassed by the event in safe, clean and orderly condition. The sponsor or property owner will be responsible for the removal of trash or debris, restoration of damaged shrubs, plants, turf, underground and overhead utilities, structures, irrigation, trees and paved surfaces on any portion of publicly owned property. The town will inspect public property for damage no later than three days after the event. Any costs associated with such damages and their repair will be provided in a written report to the applicant no later than seven days after the event. The sponsor or property owner will be responsible for any repairs or costs related to the damages incurred. If the sponsor or property owner fails to pay the town the costs of such repairs within 30 days, then the town may seek any civil remedy available to effect payment.
(B) Clean up of private property. The sponsor or property owner shall be responsible for maintaining all areas encompassed by events on private property in a safe, clean and orderly condition and shall be responsible for the removal of trash or debris on any portion of private property following an event permitted by this chapter. The town will inspect private property for trash and debris no later than three days after the event. Any abatement necessitated by trash or debris left on private property will follow all conditions stipulated in the town code.
(C) Abatement of unsafe conditions. The Sheriff or Police Department, the Fire Marshal, Building Inspector, Department of Environmental Health or Planning Director or their designees may intervene in the operation of any public or private event that based upon known or observable factors, poses an unreasonable danger to the participants or the public, or where state or local laws or ordinances are being violated, regardless of whether the event is properly permitted and complying with permit requirements. Depending upon the degree of danger, the extent of legal violations or the nature and degree of other threats to health or safety, intervention may include suggestions for remedial action, orders for remedial action or closing the event.
(D) Violations. It shall be unlawful for any person to:
(1) Hold an event without a required permit;
(2) Fail to terminate an event upon revocation of a permit; or
(3) Conduct an event in violation of the terms and conditions of a permit issued for such event.
(E) Enforcement. The town, by and through its duly authorized authorities, may seek to enforce the provisions of this chapter through any appropriate equitable remedy issued from a court of competent jurisdiction in Duplin County.
(F) Event shut down. A special event for which a permit has not been approved, an event exempt from the chapter that otherwise would require a permit, except for the exemption, or an event for which the approved stipulations of the permit are not met or which is otherwise in violation of this chapter, may be shut down by law enforcement, only if either the Town Manager, the Town Police Department or designee determines that all of the following conditions are present:
(1) The special event constitutes an immediate and direct physical danger to citizens or property; and
(2) The above danger is of such an imminent nature that the remedy provided for in this chapter will not prevent the danger prior to its occurrence.
(Ord. passed 8-12-2021)