[HISTORY: Adopted by The Commissioners of
St. Michaels 1-28-2015 by Ord.
No. 459. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 216.
As used in this chapter, the following terms shall have the
meanings indicated:
A privately owned lot which provides on-site parking for
visitors and employees of a commercial business.
A detailed plan including a map which denotes any commercial
parking lots which will be utilized as venues during the public event,
the number of parking spaces no longer available for customer use,
off-site parking location(s), directional and on-site parking signage,
traffic control provisions, bus pickup and dropoff spots, handicapped
parking provisions (if feasible, such handicapped facilities should
be located within close proximity to the event).
Any event to which the public is invited.
Any location where an activity or event occurs which is specifically
associated with a public event.
Any public event which is anticipated to have an impact on the
Town's normal flow of traffic, parking, safety, the well-being
of the residents affected by the event or which will overburden municipal
services shall be required to file a permit in accordance with the
following requirements.
A.
An applicant desiring to conduct or manage a public event shall,
not less than 60 nor more than 365 days before the date on which the
applicant proposes to conduct such public event, file with the Commissioners
of St. Michaels an application on a form furnished by Town staff.
B.
The applicant is hereby advised that a completed application is not
a guarantee of approval. The Commissioners reserve the right to deny
any permit application.
Permit fees shall be set by the Commissioners in accordance with Chapter 42 (Fees) of the Town Code.
B.
The permittee shall be responsible for compliance with all regulations
as set out in Chapter 11 (Alcoholic Beverage Ordinance) of the Talbot
County Code.
C.
The permittee is responsible for verifying the ages of all persons
to whom alcoholic beverages are served.
D.
The permittee shall ensure that attendees of the public do not drink
or possess open containers of alcoholic beverages outside of the area
for the public event.
This section shall be deemed to be incorporated in its entirety
in any application for any public event; by filing an application
for a public event permit, the applicant thereby represents, stipulates
and contracts as follows: The applicant shall supply the Town a certificate
of liability insurance naming the Commissioners of St. Michaels as
an additional insured in an amount of not less than $1,000,000.
A.
The permittee shall be responsible for any and all additional police
cost incurred as a consequence of a public event. The number and type
of officers shall be determined and specified by the Chief of the
St. Michaels Police Department to provide for the public safety and
protection of public property in and around the area of the public
event. Fees for such services are set out in the Town's Administrative
Fee Schedule Conditions for issuance of permit.
B.
Any permit granted under this chapter may contain conditions reasonably
calculated to reduce or minimize the dangers and hazards to vehicular
or pedestrian traffic and the public health, safety, tranquility,
morals or welfare, including, but not limited to, changes in time,
duration, number of participants, or level of sound.
A permit may be issued by The Commissioners of St. Michaels
after their review of the application and supporting documentation
and the Commissioner's findings that:
A.
Acknowledgements and fees.
(1)
The permittee has not knowingly and with intent to deceive made any
false, misleading or fraudulent statement of material fact in the
application for permit or in any other document required pursuant
to this chapter;
(2)
The permittee has met the standards in this chapter, and has paid
in advance any and all fees required, and agrees to such conditions
as are imposed in the permit;
(3)
Traffic and safety.
(a)
The time, duration and size of the public event will not require
the diversion of so great a number of police officers as to prevent
the normal police protections;
(b)
The concentration of persons and/or equipment will not unduly
interfere with proper fire and police protection, or ambulance service
to the area and areas contiguous to such public event;
(c)
The public event will not unduly interfere with the orderly
operation of public roadways, sidewalks, parking, parks, schools,
or other public and quasi-public institutions in the Town;
(d)
A traffic management plan has been prepared showing any proposed
street closures, times for such proposed closures, detour routes,
public notification signage, the availability of additional personnel
as required to assist in safe vehicular and pedestrian movement.
(4)
Public notification. The permittee has shown, to the satisfaction
of the Commissioners, that he/she has made reasonable efforts to communicate
information regarding the public event to those persons and businesses
that may be directly affected by the event.
B.
Additional considerations.
(1)
Efforts have been made to assure that the public event will not interfere
with another public event for which a permit has previously been granted.
(2)
The permittee has made provisions to provide sanitation facilities
at appropriate locations and in adequate numbers to address the needs
of the attendees, including handicapped-accessible facilities.
(3)
The permittee has provided a parking plan (if required) which includes
location(s), signage, traffic control provisions, bus pickup and dropoff
spots, handicapped parking provisions. (If feasible, such handicapped
facilities should be located within close proximity to the event.)
(4)
The permittee has provided a refuse collection and disposal plan
and a recycling plan.
(5)
The permit application has been forwarded to the following agencies
or departments, if appropriate, for their review, and their comments
have been made a part of the application packet.
It is unlawful for any business or persons to utilize their
commercial parking lots for a venue associated with a public event
without submitting a parking plan and receiving approval of such use
by the Commissioners.
A permittee hereunder shall comply with all permit directions
and conditions and with all applicable laws and ordinances.
A.
No person shall unreasonably hamper, obstruct, impede or interfere
with any person, vehicle or animal participating or used in a public
event.
B.
The Chief of Police shall have the authority, when reasonably necessary,
to prohibit or restrict the parking of vehicles along a street constituting
a part of the route of a public event. The Chief of Police shall post
signs to that effect, and it shall be unlawful for any person to park
or leave unattended any vehicle in violation thereof.
Refer to Chapter 216 (Noise) of the Town Code.
Any permit for a public event issued under this chapter may
be revoked by the Commissioners of St. Michaels or Chief of Police
at any time when by reason of disaster, public calamity, public safety,
or other emergency, they determine that the safety of persons and
property demands such revocation.
A.
Event violations. Compliance with the permit and its conditions shall be enforced by any sworn police officer of the Town. Should a violation be noted, the permit holder shall be notified immediately and a written warning issued stating that if a reoccurrence of the violation occurs at any time during the event, that portion of the permit specific to the offending venue will be voided and the venue must cease immediately. Furthermore, the permit holder shall be subject to the provisions of § 250-15 (Violations and penalties) as set forth herein. Consideration of future requests shall be affected by issuance of a written violation.
A.
Any person, organization or permit holder violating any of the provisions of the approved permit shall be guilty of a misdemeanor as defined and set forth in Chapter 33 (Municipal Infractions) of the Town Code and subject to a fine of $500. Each day of any violation of this chapter shall constitute a separate offense.
B.
The issuance of a municipal infraction associated with the conduct
of the public event shall be considered by the Commissioners in their
review of subsequent permit applications.
