[HISTORY: Adopted by the Annual Town Meeting
of the Town of Wolfeboro 3-10-1992 by Art. 9; amended in its entirety by the Annual Town Meeting 3-9-1993 by Art. 20.
Subsequent amendments noted where applicable.]
Pursuant to the authority granted under RSA
31:39 or any other applicable state statute, this chapter is hereby
enacted by the voters of the Town of Wolfeboro.
This chapter shall be known and cited as the
"Temporary Outdoor Event Ordinance of the Town of Wolfeboro, New Hampshire."
The purpose of this chapter is to provide for
the orderly, compatible and safe use of property for temporary outdoor
events and to assure adequate parking, sanitary facilities, utilities
and safety services. Events permitted by this chapter need not be
allowed in the applicable zoning district. Events previously approved
as part of the site review process are not required to receive a permit
under the chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
An outdoor function lasting for a limited time open to the
general public and sponsored or organized by a not-for-profit group.
Events include functions which take place on Town property.
A.
Temporary outdoor events may be allowed whether or
not permitted by any other Town ordinance or regulation.
B.
Any event shall be limited to no more than seven days.
C.
Adequate provisions shall be made for parking, traffic
circulation, utilities, including water, sewer and electricity, sanitary
facilities, lighting and safety services.
D.
The event shall be compatible with the adjacent properties
and the neighborhood. Adequate provision shall be made to assure the
security of adjacent properties from trespass, vandalism, noise, light
or other adverse conditions which may potentially result from the
event.
A.
The Selectmen shall have the authority to grant a
permit for a temporary outdoor event upon a finding that the purpose
and provisions of this chapter have been met and, furthermore, may
impose such restrictions and conditions as may be necessary to uphold
the purpose of the chapter.
B.
The Selectmen may, at their discretion, consult with
Town staff, outside experts or any state or federal agency as may
be necessary to determine that the provisions of this chapter are
met.
A.
The applicant shall submit to the Selectmen's office
a completed application form provided by the Selectmen. The application
must be received at least seven days prior to the Selectmen's meeting
at which the application is requested to be considered.
B.
Notice to the general public shall be given at least
five days prior to the meeting at which the Selectmen will consider
the application. The notice shall be posted in at least two public
places and include a description of the proposal, its location and
the name of the applicant.
C.
The Selectmen shall, at a public meeting of the Board,
review the application and render a decision within 30 days of the
receipt of the application. Should the Selectmen deny the application,
the reasons for denial shall be stated in the minutes of the meeting
and a written decision issued to the applicant within 72 hours of
the decision.
D.
The applicant shall post the permit in a conspicuous
place at the site during the event.
The Selectmen shall have the authority to enforce
this chapter to the maximum extent permitted under RSA 31:39 or any
other applicable laws of the State of New Hampshire, including the
imposition of penalties up to $1,000 per separate offense. Each day
during which a violation is committed or continued shall constitute
a separate offense.
A.
Nothing contained in this chapter shall be construed
as repealing or modifying any other ordinance or regulation of this
Town. Nor shall this chapter be construed as repealing or modifying
any private restrictions placed upon property by covenant, deed or
other private agreement, or any restrictive covenants running with
the land to which the Town is a party, but shall be in addition thereto.
B.
Severability. If any section, subsection, sentence,
clause or phrase of this chapter is for any reason held to be unconstitutional
or illegal, such invalidity shall not affect the validity of the remaining
portion of this chapter.
C.
Amendments. This chapter may be amended by majority
vote of any Town Meeting.
D.
When effective. This chapter shall take effect immediately
upon its adoption by a Town Meeting.
E.
Insurance. The applicant shall provide proof of insurance
satisfactory to the Board of Selectmen and, in the case where an event
is held on Town property, shall procure insurance which protects the
Town from any and all personal liability or property damage arising
out of the event.
