[HISTORY: Adopted by the Fiscal Court of Henderson County 10-16-2012, Sec. III. Amendments noted where applicable.]
Parks and recreation areas — See Ch. 182.
It is the policy of the County, as implemented through this chapter and any procedures adopted hereunder, to recognize the substantial community benefits that result from special events. These events provide cultural enrichment, promote economic vitality and enhance community identity and pride. They also provide opportunities for family activities and funding for our community's nonprofit agencies. Partnerships between the County, event sponsors and the community are valuable in ensuring successful events. As such, the County shall endeavor to accommodate such special events. It is the County's goal to have successful special events that enrich and promote the community and contribute to the local economy. Therefore, it is the purpose of this chapter to provide for the issuance of special event permits to regulate events on or affecting the public roads, in or affecting public property of the County, or requiring County services beyond those the County provides its citizens under ordinary circumstances in the interest of public health, safety and welfare; and to provide for fees, charges and procedures required to administer the permit process.
It is the specific intent of this chapter and any procedures adopted hereunder to place the obligation of complying with the requirements of this chapter upon the applicant or sponsor, and no provision hereof is intended to impose any duty upon the County or any of its officers, employees or agents. Nothing contained in this chapter or any procedure adopted hereunder is intended to be or shall be construed to create or form the basis for liability on the part of the County, or its officers, employees or agents, for any injury or damages resulting from the failure of the applicant or sponsor to comply with the provisions hereof.
When used in this chapter, the following words and phrases shall have the following meanings:
- The authorized officer, employee, representative or agent of the sponsor who completes the application and acts as primary contact for the special event.
- A. Any festival, carnival, ceremony, show, parade, bazaar, block party, fair, sport event, production, demonstration, exhibition, pageant, transient amusement enterprise, fund-raiser, activity or other similar event to which the general public is invited to participate or attend, that is organized, promoted, conducted, or sponsored by any person, company, corporation (for-profit or nonprofit), partnership, company, association, organization, or other entity, and which involves the use of publicly owned, leased, or controlled property, including public rights-of-way (streets and sidewalks) and/or County services; and/or
- B. Any event mentioned in Subsection A of this definition held on private property that would have a direct impact on traffic congestion or flow to and from the event over public rights-of-way or waters or which would appreciably impact the need for law enforcement, fire, or other public safety and emergency services. Any of the above-mentioned events held on private property to which the public is invited to attend and which the sponsor expects or should reasonably expect will be attended by 500 or more persons is presumed to have a direct impact on public rights-of-way, police, fire, and other emergency services and shall be deemed a special event for purposes of this chapter.
- The person, business, corporation, partnership, company, association, organization, or other entity responsible for the special event to be held.
This chapter shall not apply to:
Private or personal events such as family reunions and church activities and other gatherings not typically open to the public which occur in public parks and are not expected to have 500 or more attendees;
Activities conducted by any governmental agency acting within the scope of its authority; and
Events which occur wholly within the boundaries of incorporated cities in the County.
Compliance with all provisions of this chapter by any individual or applicant shall not relieve that individual or applicant of complying with any other requirements of local, state or federal governments.
No person shall unreasonably hamper, obstruct, impede, or interfere with any permitted special event.
No person shall organize or conduct a special event as defined above unless such person shall first obtain a permit and otherwise comply with the provisions as set forth herein. Additionally, no person shall participate in any special event unless a permit has been issued for such special event.
A person seeking a special event permit shall file an application with the County Judge/Executive at least 90 days prior to the date of such event. A completed application does not constitute approval of the permit.
A waiver of application deadline may be granted upon a showing of good cause at the discretion of the County Judge/Executive; and if there is sufficient time to process and investigate the application and arrange law enforcement and other County services for the event.
The application for the special event permit shall set forth the following information:
The name, address and telephone number of the person seeking permission to conduct a special event.
If the special event is proposed to be conducted for, on behalf of or by an organization, the name, address and telephone number of the headquarters of the organization and of the organization's authorized representatives and responsible heads of such organizations.
The name, address and telephone number of the person who will be the event coordinator who will be responsible for its management.
The date or dates when the special event is to take place.
The area where the special event or route is to take place.
The hours when the special event will start and terminate.
The expected total attendance for the event, and the estimated maximum number of people to be assembled at any one time.
A security and safety plan.
Request for any special facilities or temporary structures.
A cleanup plan, including name(s) of individuals and group(s) responsible for cleaning during and after the special event.
Whether the applicant or sponsoring organization of the proposed special event proposes to select and authorize participants as provided in § 210-16.
Such other information as may be required by the County Judge/Executive.
As a condition to the issuance of any permit under this chapter, the applicant/sponsor shall agree to defend, indemnify and hold harmless the County, its officers, employees and agents, against any and all suits, claims or liabilities for damages or injuries caused by, or arising out of, any special events under this chapter.
The applicant must provide proof of comprehensive liability insurance with minimum limits of $1,000,000 per occurrence combined single limit for bodily injury liability and property damage liability, including premises and operations, at the time of application. Higher limits could be required based on the type of special event conducted at the discretion of the County Judge/Executive. The sponsor shall name the County as an additional insured.
Liability insurance may be waived at the discretion of the County Judge/Executive depending on the size of event and if there are no significant risks involved with the conduct of the special event. In any event, the event sponsor/applicant shall be responsible for any damage to County property caused by its special event or its invitees thereto, and shall make the County whole within 10 days of receipt of an invoice therefor.
The County Judge/Executive or his designee may issue a special event permit based on, but not limited to, the following considerations:
Health, welfare and safety of the general public.
Availability of County services (such as law enforcement, emergency, fire, engineering, inspection and sanitary services).
Impact on transportation and traffic within the proposed event area.
Available use of the area by the general public.
Undue hardship, unnecessary inconvenience or excessive noise levels to adjacent businesses or residents.
Availability and/or diversion of County resources.
Complete application and accurate information.
Compliance with other County, state and federal permits as required by law.
Outstanding liabilities, if any, to the County.
Adverse impact, if any, on access and operation of businesses and homeowners.
Impact on local economy.
Ability or resources of the applicant to adequately comply with the terms and conditions of the proposed event.
The County Judge/Executive may include in a special events permit, among other provisions, any such reasonable terms and conditions as to the time, place and manner of the event; compliance with health and sanitary regulations, emergency services, and security. The County Judge/Executive shall require additional permits to meet the conditions established and/or other County ordinances. If, upon consultation with law enforcement, fire, rescue, or other emergency service providers, the proposed event would require overtime or additional staffing, the County Judge/Executive may require the applicant to pay a sum equal to the anticipated additional costs.
The County Judge/Executive shall act upon the application for a special event permit within 14 days after the filing thereof. If the County Judge/Executive rejects the application, he shall deliver to the applicant a notice of his action, stating his reasons for his denial of the permit.
Each special event permit shall state the following:
Upon the approval of the special event permit, the County Judge/Executive shall send a copy thereof to the applicant and appropriate County departments and other agencies as deemed necessary.
The event coordinator shall have the special event permit readily available during the event and shall be prepared to produce said permit upon request by law enforcement or other County or state officials.
The County Judge/Executive shall have the authority to revoke a special event permit in the event of the failure of any of the considerations as set forth in § 210-9 herein.
The Sheriff shall have the authority at any time to revoke or suspend a special event permit for an indefinite period of time under exigent circumstances or the threat thereof which present a reasonable concern for public safety.
In the event any person's application for a special event permit has been denied by the County Judge/Executive, such aggrieved person shall have the right to appeal the County Judge/Executive's decision to the Fiscal Court. Such appeal shall be made within a period of 10 days following the issuance of the County Judge/Executive's rejection of the application. To perfect the appeal, the aggrieved person shall provide written notice of appeal to the Fiscal Court Clerk within the aforesaid ten-day period. The Fiscal Court shall conduct a hearing on such appeal within 30 days following the receipt of the written notice of appeal.
During the term of the permit, the event coordinator shall have the general control of the activities to be conducted within the permit area, subject, however, to the ultimate and superior control and jurisdiction of the County. Such person's control of such area shall be reasonable with due regard for the safety and welfare of the participants and the general public. The event coordinator shall have the authority to select and authorize participants who are to participate in the event and to establish fees and guidelines regarding such participation. The event coordinator shall have the right to exclude unauthorized persons from participating in the event within the permit area. The event coordinator shall not at any time exclude any person from participating in any activity by reason of such person's race, creed, color, religion, national origin, or by reason of such person being a member of a protected class, or otherwise discriminate against any person in the conduct of the event.
The activities which may be conducted in the permit area shall at all times be a lawful activity. Such activities may include the sale of merchandise, food, and beverages, subject to all other laws and ordinances.
Whoever violates any provision of this chapter shall be guilty of a Class A misdemeanor and shall, upon conviction, be subject to a fine of not more than $500, or imprisonment of not more than 30 days, or both, for each offense. Each day of noncompliance shall be deemed a separate offense.