[HISTORY: Adopted by the Harford County Council:
Art. I, by Bill No. 76-67.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fire lanes — See Ch. 127.
Licenses and permits — See Ch. 157.
Littering — See Ch. 161.
Peace and good order — See Ch. 193.
[1]
Editor's Note: This legislation was included
as Ch. 3, Art. IV, of the 1978 Code.
[Adopted by Bill No. 76-67]
The licensing requirement, as set forth in this
chapter, is created for the purpose of protecting the health, safety
and general welfare of the community.
For the purposes of this chapter, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
A musical performance by voice or several voices or by any
type of musical instrument, or both, held on privately owned property.
The Department of Inspections, Licenses and Permits.
The Director of the Department of Inspections, Licenses and
Permits or the Director's designee.
[Amended by Bill No. 18-004]
Any person in whom is vested the ownership, dominion or title
of property, whether by fee simple deed, sublease or any form of deed,
right or agreement.
A member of a gathering of one thousand (1,000) or more persons
who are in attendance for the purpose of viewing or hearing a concert.
A.
It shall be unlawful for any concert to be held, conducted
or performed before a gathering in excess of two thousand (2,000)
spectators unless the owner of the property where the concert is to
be performed has been granted a permit pursuant to the provisions
of this chapter. Permits, once granted, shall be effective only for
the period of time for which the concert is to be held, conducted
or performed, not to exceed ten (10) consecutive days, unless revoked
in accordance with the procedure set forth in this chapter.
B.
A permit fee of five hundred dollars ($500.) shall
be paid at the time of filing the permit. The owner shall post a cash
bond with the county in the amount of one dollar ($1.) for each person
anticipated to attend the concert as finally determined by the Director.
In any event, the bond requirement is a minimum of five thousand dollars
($5,000.).
[Amended by Bill No. 18-004]
A.
Application
for a permit pursuant to this chapter shall be on forms furnished
by the Department of Inspections, Licenses and Permits, shall be signed
by the owner and filed with the Department and shall contain, in addition
to any other information required by any of the reviewing agencies,
the following:
(1)
The name and address of the owner of the premises
wherein or upon which the concert is to be held.
(2)
The number of persons who can be accommodated in or
on the concert site.
(3)
A statement that the owner has the available means
to safely control the number of persons expected to attend the concert
and a detailed description of such means of control.
(4)
A detailed description of the public water and sewer
facilities at the site of the concert to accommodate the number of
persons expected to attend.
(5)
Site plans showing the location of all facilities
required, such as parking, performance stand, audience location, movement
patterns and traffic flows.
(6)
The number of persons expected to attend the concert.
This number may be changed by the Director of the Department based
upon the recommendation of any reviewing agency.
(7)
Medical facilities to be provided or used to serve
the anticipated number of people attending the concert.
(8)
A listing of the names of the attractions and the
names and addresses of the principal performers scheduled to appear
at the concert. The permit granted shall only be effective as to the
attractions and principal performers listed on the application, and,
if any changes are made or additional attractions or principal performers
are added, a new application must be made with respect to those attractions
or principal performers.
(9)
Appended to the application, 2 copies of detailed
construction plans for any improvement structure or facility that
has been or will be constructed and utilized for the concert.
(10)
A detailed statement describing the musical instruments
and all sound-reproduction equipment and systems.
B.
An application for a permit pursuant to this chapter shall be filed
60 calendar days prior to the concert date. Should an applicant fail
to file an application 60 calendar days prior to the concert, the
Department may accept the application and issue a permit; however,
the applicant is deemed to have waived the right to notice and a hearing.
A.
Upon receipt of an application pursuant to this chapter,
the Department shall forward a copy of this application to and request
from the following agencies, who must reply within 30 days to the
Department. Each agency may recommend approval, disapproval or approval
with conditions.
[Amended by Bill No. 21-027]
B.
The Sheriff's Office shall include in its report:
[Amended by Bill Nos. 18-004; 21-027]
(1)
The past history, if any, of the principal performers
at any proposed concert within the United States with respect to violence
or disturbances associated with their performances, stating the source
of the information, frequency of disturbances and the amount of individual
and property damage.
(2)
The ability of the applicant to control the anticipated
number of persons to attend the concert and associated traffic problems.
(3)
The adequacy of the concert location as it relates
to the anticipated number of persons to attend the concert.
(4)
A record of any and all arrests made at the property during any event
which was open to the public.
D.
The County Department of Health shall report on:
(1)
The adequacy of public water and sewage facilities
and other public facilities to be provided, in accordance with the
following standards:
(a)
Water supply: three (3) gallons of potable water per
person per day with an adequate distribution system provided.
(b)
Sewage disposal: one (1) flush toilet facility per
one hundred (100) persons.
(c)
Solid waste: provisions for the collection of twenty-seven
(27) cubic feet of solid waste per day per one hundred (100) persons.
The waste must be disposed of daily.
(2)
The adequacy of plans and facilities for the providing
of food service in accordance with existing State Department of Health
and Mental Hygiene regulations.
(3)
The adequacy of plans to control noise pollution as
required by the State Department of Health and Mental Hygiene regulations.
E.
The Fire Marshal shall report on any problems which
might be associated with fire fighting at the concert due to location,
anticipated number of attendees, facilities, water sources and any
other pertinent facts concerning firesafety.
G.
The Department of Inspections, Licenses and Permits
shall report on the adequacy and safety of the improvements, structures
and facilities to be utilized for the concert and shall report on
the sound systems to be utilized, including whether or not the sound
will annoy, disturb, injure or endanger, or will tend to annoy, disturb,
injure or endanger, the health, comfort, peace, safety or general
welfare of neighboring persons or the general public.
H.
The Health Planning Commission shall report on all
matters regarding the provision of health and medical services at
the location and the ability of the health and medical facilities
servicing the county to provide adequate service to the anticipated
number of attendees.
A.
Upon receipt of an application by the Department of
Inspections, Licenses and Permits, the Director shall decide to grant
or deny the permit within sixty (60) days. If denied, the Director
of the Department shall state his reasons for such denial in writing.
The permit shall not be issued until the required bond is posted with
the county.
B.
All permits applied for shall be granted, unless the
Director finds:
(1)
That one (1) or more of the principal performers scheduled
to appear have a past history, within the prior six (6) months, of
violence and associated damage to person or property such as would
reasonably indicate a likelihood of violence resulting from his or
their performance.
(2)
That inadequate improvements, structures or facilities
are planned at the concert location.
(3)
That the property wherein the concert is to be held
has insufficient parking facilities to handle the anticipated number
of persons to attend the concert and that fire lanes may be blocked
by automobiles unable to park within the facilities furnished.
(4)
That inadequate police protection or security exists.
(5)
That a violation of zoning laws exists.
(6)
That inadequate medical facilities exist.
(7)
That there are inadequate public roads to handle the
anticipated people attending the concert.
(8)
That the music is to be played by mechanical device
or live performance in such a manner that the sound emanating therefrom
shall be audible beyond the property line of the owner in a manner
that will annoy, disturb, injure or endanger, or will tend to annoy,
disturb, injure or endanger, the health, comfort, peace, safety or
general welfare of neighboring persons or the general public.
[Amended by Bill No. 76-108]
A.
If, for any reason affecting the public health, safety
or welfare or for noncompliance with this chapter or conditions in
the permit, the Director of the Department of Inspections, Licenses
and Permits is of the opinion that a permit granted pursuant to this
chapter should be revoked, he may revoke the permit.
B.
The Director shall retain the bond required by this
chapter for a period of thirty (30) days after the concert has terminated.
In the event that the owner fails to remove all trash, debris or residue
and to repair any damage to personal property, real property, crops
or livestock belonging to another person, created or caused by the
concert or the spectators, within seventy-two (72) hours after the
concert has terminated, the Director may use as much of the bond money
as is needed to remove such trash, debris or residue and repair any
damage to personal property, real property, crops or livestock. Any
unexpended money from the bonds shall be returned to the owner thirty
(30) days after termination of the concert or completion of the cleanup
and repairs to the property of other persons, whichever date shall
be the latest.
The government of the county, the County Board
of Education and the Board of Trustees of the Harford Community College
are hereby exempted from the provisions of this chapter.
Any person who holds a concert without complying
with the requirements of this chapter shall be guilty of a misdemeanor
and shall be punishable by a fine which shall not exceed the sum of
one thousand dollars ($1,000.) or imprisonment for six (6) months,
or both.
