Document

TOWN OF OCEAN ISLE BEACH

APPLICATION FOR GROUP ACTIVITY/

OUTDOOR PERFORMANCES AND EVENTS

Note: Application must be completed in its entirety.
Please indicate N/A for non-applicable items.

1. Name and Title of person completing application:

Name: _____________________________________________________

_____________________________________________________

Address: _____________________________________________________

_____________________________________________________

Email Address: __________________________________________________

Telephone Number: _________________________________________________

2. Property Owner: __________________________________________________

(If different than Applicant)

Telephone Number: _________________________________________________

(A notarized letter of permission from Property Owner to conduct event must be attached)

3. Name and address of sponsoring person/business or organization:
(If applicable)

______________________________________________________________________

4. Individual who will be on site and in charge of activity/event:

Name: ___________________________________________________________

Mailing Address: _______________________________________________ Phone Number: ___________________________

Cell Phone Number: ______________________

Email: ______________________________________________________________

5. Name and Description of event:

______________________________________________________________________

6. Date of event: ______________________________________________________

7. Time for event: ______________ am/pm to _______________ am/pm

* Hours of operation shall be between 7:00 am and 10:00 pm

8. Estimated attendance: _____________________________________________

(Includes both participants and spectators)

9. Describe approximate location in which event will be contained:

_______________________________________________________________________

10. Please show by site plan or sketch drawing the location of event and layout of activities. Please include the following:

a. Boundaries of main event and entire site

b. Any concessions/vendors

c. Parking and traffic circulation

d. Trash receptacles

e. Promotional signage/banners

f. Sanitary facilities

11. State general plans of the Applicant/Sponsor concerning the following:

a. Crowd control procedures: (The applicant will coordinate traffic and crowd control with the Ocean Isle Beach Police Chief)

________________________________________________________________

b. Traffic and parking: Adequate parking for persons attending the event shall be required. If off-site parking is to be used to accommodate the event, the Applicant must secure a letter from that property owner verifying that excess parking spaces will be available for the event. The use of any required parking places will be allowed only if the property owner agrees in writing that the business will be closed during the hours of the Applicant’s event.

________________________________________________________________

c. Impact of the performance on existing parking areas, streets, highways, and the burden places upon public agencies for traffic, crowd security, and control. Obstruction of any public parking areas or public street is prohibited unless prior approval is obtained from the Board of Commissioners.

_________________________________________________________________

d. Impact on fire control and prevention including safety precautions:

________________________________________________________________

e. Provisions for emergency medical services and first aid:

________________________________________________________________

f. Provisions for collecting and disposing of solid wastes including trash and garbage. Event coordinator will be responsible for removal of litter in areas used and adequate trash receptacles must be provided and removed within 24 hours of the event.

_________________________________________________________________

g. Sanitary Facilities: A minimum of one toilet must be provided for each sex for every 100 persons attending the event. Portable toilets may not be set up more than 36 hours prior to the activity and must be removed within 36 hours after the event. Location of portable toilets must be coordinated with Town personnel.

_________________________________________________________________

h. Electrical Power needs and source if any: __________________

________________________________________________________________

i. Water needs and source if any: _____________________________

________________________________________________________________

12. Number and type of concessions/vendors (NOTE: If this is other than a non-profit event, concessions or merchandise trailer operators or vendors must purchase a privilege license prior to operating concessions. Food vendors must be in compliance with regulations set forth by the Brunswick County Health Department prior to the event. Any concessions/vendors or other accessory use associated with the event may not be set up more than 24 hours prior to the activity and must be removed within 24 hours after the event):

_______________________________________________________________________

13. Number and types of tents (Note: Any tents, stages, concessions or other accessory use associated with the event may not be set up more than 24 hours prior to the activity and must be removed within 24 hours after the event. No tent shall be larger than 1600 square feet and must be in good condition and free of any advertising):

_______________________________________________________________________

14. List all temporary signs to be displayed during the event – size, location and description:

_______________________________________________________________________

**NOTE: The amount, type and location of temporary signage is subject to the following:

The total amount of temporary signage shall not exceed 500 square feet in area. Such signage may be in a single sign or a combination of signs.

All temporary signs shall be located within the boundaries of the area in which the event will be held and shall not be located within a public right of way unless prior permission has been obtained and granted by the Board of Commissioners.

Temporary signs shall be displayed only during the actual time period of the event and shall be promptly removed by the permittee at the close of said event unless other specified time period have been approved by the Board of Commissioners.

Temporary signs shall not be illuminated.

Temporary signs shall not be located in a manner that impedes the movement of pedestrians or life-safety vehicles.

Any sign located in street rights of way or upon public property in contravention of this policy may be removed from and disposed of by Town personnel.

I have read and understand the group activity/outdoor performances and event provisions set out in this application and the attached Article III Section 38 – 73 and agree to conduct the event in accordance with these requirements. I agree that the information provided in this application is true and accurate and also agree to provide corrected information should there be any change in the information provided herein.

__________________________ _________________ _____________________

Applicant(s) Signature Date Local Phone Number

__________________________ _________________ _____________________

Applicant(s) Signature Date Local Phone Number

*** Fee is to be paid at the time application is submitted***

OFFICE USE ONLY

Date Received ________________________________________

______ Fee Paid - Date paid _________ Amount $__________Check # ________

______ Fee Exempt (May be waived by Town for Non-Profit Organizations)

______ Property Owner Authorization letter attached (If applicable)

______ Map of Location and Layout of Events Attached

______ Hours of Operation in Compliance (7:00 am to 10:00 pm)

______ Compliance with signage regulations

______ Compliance with Traffic/Parking regulations

______ Garbage Disposal accounted for

______ Portable Toilets or Sanitary Facilities Provided

______ Privilege License obtained (If applicable)

THIS PAGE TO BE COMPLETED UPON RETURN OF APPLICATION TO

THE TOWN OF OCEAN ISLE BEACH

Comments and/or conditions/restrictions imposed by the Town:

__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

APPROVED BY: DATE

_______________________________________________ __________________

Board of Commissioners

DENIED BY: DATE

_______________________________________________ __________________

Board of Commissioners

Reason for denial: _________________________________________________________

______________________________________________________________________________

FINDINGS MADE BY BUILDING INSPECTOR

The location and use of the radios, phonographs, drums, loud speakers, musical instruments, sound equipment, lighting, temporary structures and electrical outlets or connections to be used during the entertainment hereby meet the North Carolina Electrical Code Guidelines and comply with the Town Ordinance.

_________ YES __________ NO

Date of inspection: _______________________

Signature: _______________________________________________

Building Inspector

COMMENTS:

FINDINGS MADE BY THE PUBLIC UTILITIES DIRECTOR

That the proposed group activity/outdoor performances and entertainment event has complied with all applicable regulations in conjunction with collecting and disposal of solid waste including trash and garbage as well as sanitary facilities.

_________ YES __________ NO

Date of inspection: _______________________

Signature: _______________________________________________

Public Utilities Director

COMMENTS:

FINDINGS MADE BY FIRE INSPECTOR

That the proposed site for the group activity/outdoor performances and entertainment event is adequate for the number of people estimated to be in attendance and that adequate safety precautions have been provided for by the person sponsoring or promoting said entertainment.

_________ YES __________ NO

Date of inspection: _______________________

Signature: _______________________________________________

Fire Inspector

COMMENTS:

________________________________________________________________________________________________________________________________________________

________________________________________________________________________

POLICE CHIEF’S EXPLANATION OF FINDINGS

That the applicant has coordinated all traffic and crowd control with the Police Chief. All neighbors and/or businesses have been properly notified of the proposed event. The area has been thoroughly investigated with regards to compliance with all applicable State and Local laws.

COMMENTS ON FINDINGS:

APPROVED ___________ DISAPPROVED ____________

______________________________________

Chief of Police

(SEAL)

______________________________________

Town Clerk

Chapter 38 Article VI

Group Activity/Outdoor Performances and Events

*Note: Delete present Section 38-73 dealing with Group Activity Rules & Regulations and insert new article and section in same chapter.

Section 38-157. Defined.

Group activity/Outdoor performances and events, fairs, festivals, musical concerts, sporting events, tournaments, contests, promotional events or other types of performances or events on public or private lands that:

(1) Represent a use or uses of land, buildings and structures not intended to be of a permanent duration;

(2) Are intended to or likely to attract substantial crowds, participants and/or spectators;

(3) Are advertised and/or open to the general public; and

(4) Are unlike the customary or usual day to day activities generally associated with the principal use of the property where the performance or event is to be located;.

shall be deemed to be a group activity/outdoor performance or event and subject to the provisions of this article.

Section 38-158. Approval Process.

(a) Requirements. Any group activity/outdoor performance or event shall not be held, commenced or advertised until such time as an application is submitted and approved by the Board of Commissioners in accordance with this article. An approval issued under this article shall be valid during the specified times requested and is not considered to be automatically renewed from one period to the next. All group activities/outdoor performances and events shall be contained either within the applicant’s property or within property upon which the applicant has written permission from the owner to use.

(b) Application. An application, as required under subsection (a) of this section, shall be submitted to the Planning Department by any person, group or organization sponsoring an outdoor performance or event. Such application shall be presented not less than three months prior to the scheduled event and shall contain the following information:

(1) The name and address of the applicant, person, group or organization;

(2) The name and address of the person, organization or association sponsoring activity, if any;

(3) The days and hours for which the event is desired; hours of operation shall be between 7:00 a.m. and 10:00p.m.

(4) A designation, by reference to identifiable landmarks along with a detailed map of layout of activities, describing the approximate area in which such event will be contained, such area to include planned activity areas, parking, placement of required structures and any other related activities.

(5) An estimate of the anticipated attendance of both participants and spectators;

(6) In summary format, the general plans of the applicant and sponsor concerning the following matters:

a. Crowd control procedures. The applicant will coordinate traffic and crowd control with the police chief;

b. Traffic and parking control;

c. The impact of the performance or event on existing parking areas, streets, highways and the burden placed upon public agencies for traffic and crowd security and control;

d. The effects of such performance or event on fire control and fire prevention, including safety precautions;

e. Provisions for emergency medical services and first aid;

f. Provisions for collection and disposal of solid wastes, including trash and garbage and sanitary provisions, including human waste collection and disposal and the providing of sanitary facilities. A minimum of one toilet must be provided for each sex for every 200 persons attending the event, with a maximum requirement of 20 portable toilets. Portable toilets may not be set up more than 36 hours prior to the activity and must be removed within 36 hours after the event. Location of portable toilets must be coordinated with Town personnel. Event coordinator will be responsible for removal of litter in areas used and adequate trash receptacles must be provided and removed within 24 hours of the event.

g. Provisions for returning the site to its pre-event conditions including, but not limited to, the removal of all debris and trash immediately after the event.

(7) The number and types of tents, stages or concessions. Any tents, stages, concessions or other accessory use associated with the event may not be set up more than 24 hours prior to the activity and must be removed within 24 hours after the event. No tent shall be larger than 1600 square feet and must be in good condition and free of any advertising.

(8) The amount, type and location of temporary signage/banners subject to the following:

a. The total amount of temporary signage/banners shall not exceed 500 square feet in area. Such signage may be in a single sign or a combination of signs.

b. All temporary signs shall be located within the boundaries of the area in which the event may be held.

c. Temporary signs shall not be located on town-owned property or public right-of-way unless prior approval has been obtained from the Board of Commissioners during the application process.

d. Temporary signs shall be displayed only during the actual time period of the event or other specific time periods as approved by the Board of Commissioners and shall be promptly removed by the applicant at the close of such event.

e. Temporary signs shall not be illuminated.

f. Temporary signs shall not be located in a manner that impedes the movement of pedestrians or life safety vehicle.

g. Any sign located in street rights-of-way or upon public property in contravention of this policy may be removed from and disposed of by Town personnel.

(9)The obstruction of any parking areas or public street is prohibited unless otherwise approved by the Board of Commissioners during the application process.

(10)Vendors. The sale of any food or drinks or any product not associated with the event is prohibited. Permission by the Board of Commissioners is required for the sale of any type of souvenirs or other product associated with the event. Food vendors must be in compliance with regulations set forth by the County Health Department prior to the event.

(11) Alcoholic Beverages. Town ordinance prohibits the public consumption of alcoholic beverages.

(12) Fees. Fees submitted with application per current Town fee schedule. Fees may be waived by the Board of Commissioners for non-profit agencies.

(c) Review of application; conditions to be met. The Planning Department shall, upon receipt of an application, review the application with the applicant or sponsoring organization to determine whether there are any other matters deemed relevant by the Planning Department, and to obtain more specific information concerning the items presented in the application. After preliminary review of the application, the Planning Department shall forward the application to the Town Clerk for inclusion in the upcoming Board of Commissioners regular meeting agenda packets. In determining whether or not to approve such an application the Board of Commissioners shall consider those items required to be presented in the application and shall also consider conflicts or possible conflicts with other events and performances, the burden placed by the event on public agencies, the adequacy of security, traffic control and crowd control provisions, the health and safety conditions for those attending the performance or event and the capacity of the area designated for the event service or contain the expected number of vehicles, participants and spectators. The Board of Commissioners shall approve an application when they find after consultation with the chief of police and other public officials, the following:

i. That the proposed activity will not unreasonably interfere with the rights of the general public in having free access along public ways and streets;

ii. That the proposed activity will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation;

iii. That adequate public services are available for crowd and traffic security and control;

iv. That the proposed activity is not reasonably anticipated to incite violence, crime or disorderly conduct;

v. That the proposed activity will not entail extraordinary or burdensome expense or operations on the police department and other public agencies.

In addition, the Board of Commissioners must find that the provisions and plans for crowd and traffic control and security, health and sanitation and all matters required to be included in the application are adequate and that the applicant and sponsor have the reasonable capability of carrying out such plans and preparations.

d. Form of application; conditions to be set out. The Board of Commissioners after due consideration of the matters contained in this article, shall either grant or deny such application during the board meeting immediately held after an application has been submitted to it by the Planning Department, provided that said presentation shall be made at least seven days prior to the meeting upon which the decision is to be made. The granting or denial of an application shall be made by letter to the applicant setting out all conditions of the permit and incorporating any provisions or conditions in addition to statements and presentations in the application . Any deviation from the terms and conditions of the application or the approve statements contained in the application, or any misstatement of fact made in such application shall be grounds for immediate revocation of the approval at any time by the Town.

e. Grant not grounds for other violations. The granting of an application is not grounds for the violation of any other ordinance of the Town and the applicant shall take whatever steps are necessary to comply with all ordinances of the Town, including but not limited to Article III Noise Section 22-71. As a condition of approval, the Town may inspect the site prior to, during or after the performance or event to verify compliance with this chapter, the approved application and all applicable Town regulations. Failure to make provisions for complying with this Code shall be grounds for revocation under this article.

Section 38-159. Disclaimer of liability.

In no event shall the approval of an application under this article make or cause the Town to be deemed a sponsor of the event. Further, the Town shall incur no liability for any injury to person or property arising out of any events regulated by this article. Further, as a condition of any approval issued pursuant to this article, the applicant and sponsor shall hold the Town harmless and indemnify the Town for any liability incurred as a result of a valid judgment in a court of law. It is further provided as a condition of any approval issued hereunder that the applicant shall defend the town against any action filed against it arising out of any event for which approval is issued.

Section 39-160. Penalty.

A violation shall subject the offender to a civil penalty at the rate of $500.00 per day for each day that the violation continues.

Adopted February 14, 2006