Article IV – Outdoor Entertainment

[Adopted 3-10-1978 as Ch. 3, Art. II, of the 1978 Code; amended in its entirety 7-12-1993 (Ch. 41, Art. I, of the 1993 Code)]

Division 1 – Festivals or Outdoor Entertainment

§ 9.4-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:

MUSICAL OR ENTERTAINMENT FESTIVAL

Any gathering of 50 or more people, publicly advertised by newspaper or radio or television or handbills, for the purpose of listening to or participating in entertainment which consists primarily of musical entertainment conducted for compensation in open spaces.

OUTDOOR ENTERTAINMENT

Any gathering of the general public which is publicly advertised by newspaper or radio or television or handbills or signs for which an admission fee is charged.

§ 9.4-2 Outdoor entertainment permit requirement.

All outdoor entertainment shall be subject to a permit requirement. This permit shall be issued by the Board of Supervisors, subject to the rules and regulations and duration established by the Board for each individual permit. A fee as prescribed in § 9.4-6 will be charged for issuance of this permit. Violations of the terms of the permit or a failure to obtain a permit hereunder shall be deemed a Class 1 misdemeanor.

§ 9.4-3 Application for permit; duties of County Administrator; appeals.

A. No person shall stage, promote or conduct any musical or entertainment festival or outdoor entertainment in the County unless there shall have been first obtained from the Board of Supervisors a special entertainment permit for such festival or outdoor entertainment.

B. Application for such special entertainment permit shall be in writing on forms provided for the purpose and shall be filed in duplicate with the County Administrator at least 30 days before the date of such festival or outdoor entertainment and at least 21 days prior to a regular meeting of such Board. The application shall have attached thereto and made a part thereof the plans, statements, approvals and other documents required by this article. A copy of the application shall be sent by the County Administrator to each member of the Board of Supervisors.

C. It shall be the duty of the County Administrator, who is hereby designated as the agent of the Board for the purposes provided herein, to inquire into the application for permit and, after diligent study of the nature of the application, so advise the applicant if the application falls within the exempt status provided for under § 9.4-13. Whenever the County Administrator determines that the application is not exempt from the requirements of this article, the applicant shall have the right of appeal to the Board of Supervisors at the next regularly scheduled meeting.

§ 9.4-4 Conditions on issuance of permit; required documents.

The permit required by § 9.4-3 shall not be issued unless the following conditions are met and the plans, statements and approvals are submitted to the Board with the application:

A. Tickets. Such application for special entertainment shall have attached to it a copy of the ticket or badge of admission to such festival or outdoor entertainment containing the date or dates and time or times of such festival or outdoor entertainment, together with a statement by the applicant of the total number of tickets to be offered for sale and the best reasonable estimate by the applicant of the number of persons expected to be in attendance.

B. Promoters and backers; performers. A statement of the names and addresses of the promoters of the festival or outdoor entertainment, the financial backing of the festival or outdoor entertainment and the names of all persons or groups who have been invited to perform at such festival or outdoor entertainment.

C. Location. A statement of the location of the proposed festival or outdoor entertainment, the name and address of the owner of the property on which such festival or outdoor entertainment is to be held and the nature and interest of the applicant therein.

D. Sanitation facilities; garbage, trash and sewage disposal. A plan for adequate sanitation facilities and garbage, trash and sewage disposal for persons at such festival or outdoor entertainment. This plan shall meet the requirements of all state and local statutes, ordinances and regulations and shall be approved the Virginia Department of Health.

E. Food, water and shelter. A plan for providing food, water and lodging for the persons at the festival or outdoor entertainment. This plan shall be approved by the Virginia Department of Health.

F. Medical facilities. A plan for adequate medical facilities for persons at the festival or outdoor entertainment. This plan shall be approved by the Virginia Department of Health.

G. Parking, crowd and traffic control. A plan for adequate parking facilities, crowd control and traffic control in and around the festival or outdoor entertainment area approved by the Sheriff.

H. Fire protection. A plan for adequate fire protection. This plan shall meet the requirements of all state and local statutes, ordinances and regulations and shall be approved by the County’s Fire Marshal.

I. Lighting. A statement specifying whether any outdoor lights or lighting is to be utilized and, if so, a plan showing the location of such lights and shielding devices or other equipment to prevent unreasonable glow beyond the property on which the festival or outdoor entertainment is located, and the same shall comply with the Uniform Statewide Building Code.

§ 9.4-5 Revocation of permit.

The Board of Supervisors shall have the right to revoke any permit issued under this article upon noncompliance with any of its provisions and conditions.

§ 9.4-6 Permit fee; refund; issuance of permit.

A fee in the amount of $25 per day for each day on which entertainment is to be presented shall be payable by the applicant to the County for the issuance of the permit. If for any reason other than the revocation of the permit provided for herein the entertainment is presented for fewer than the number of days stipulated, the applicant shall be entitled to a refund of the unearned portion of the moneys collected. Upon compliance with the terms of this article, the agent of the Board shall issue a permit to the applicant for the days designated in the application.

§ 9.4-7 Music prohibited during certain hours.

No music shall be rendered between the hours of 12:00 midnight and 8:00 a.m.

§ 9.4-8 Sound level of music.

No music shall be played either by mechanical devices or live performance in such manner that the sound emanating therefrom shall be unreasonably audible beyond the property on which the festival or outdoor entertainment is located.

§ 9.4-9 Admission of minors.

No person under 16 years of age shall be admitted to any festival or outdoor entertainment unless accompanied by a parent or guardian.

§ 9.4-10 Bond required; waiver.

A bond in the amount of $5,000 shall be required and shall be conditioned on the removal and clearing of the premises so as to leave them in the same condition as they were found and further conditioned on the full and satisfactory execution and compliance with the terms of the permit when issued. Such bond shall be payable to Appomattox County, Virginia. This bond requirement may be waived for private property.

§ 9.4-11 Violations and penalties; additional remedies.

A. Any person who violates any provision of this article shall guilty of a Class 1 misdemeanor. Each day such violation continues shall be construed a separate offense.

B. The Board may bring suit in the Circuit Court to restrain, to enjoin or otherwise to prevent violation of this article.

§ 9.4-12 Construal of provisions.

The provisions of this article shall be strictly construed in order to effectively carry out the purpose of this article in the interest of the public health, welfare and safety of the citizens and residents of the County.

§ 9.4-13 Exemption from fees and bond.

The daily fees and bond provided for herein may be waived by the Board of Supervisors for established churches, chartered civic organizations or established schools, provided that all other provisions of this article shall be fully enforceable.

Division 2 – Carnivals and Other Exhibitions

[Adopted 3-10-1978 as § 11-3 of the 1978 Code; amended in its entirety 7-12-1993 (Ch. 147, Art. XII, of the 1993 Code)]

§ 9.4-14 License tax imposed; exception.

A County license tax is hereby imposed upon every person, firm, company or corporation who or which exhibits or gives a performance or exhibition within the limits of the County of Appomattox of any show, carnival, circus or speedway in the open air, in tents or in buildings. This article shall not apply to agricultural fairs.

§ 9.4-15 Applicability of statutory definition.

For the purpose of this article, the definition given in § 58.1-3728, Code of Virginia, as to what constitutes a carnival shall apply.

§ 9.4-16 License tax amount; waiver.

On such show or performance there shall be a license tax of a maximum of $1,000 for each performance. The amount of each license tax shall be set by the Board of Supervisors, which shall have the authority to waive any part of the same.

§ 9.4-17 Violations and penalties.

Every person, firm, company or corporation who or which exhibits or gives a performance or exhibition of any shows, carnivals or circuses above described in this article without first obtaining the license required shall be fined not less than $50 nor more than $500 for each offense.

§ 9.4-18 Advertising prohibited; fine; exceptions.

A. It shall be unlawful for any circus, carnival or show to publish or post in any way in the County, at any time within 15 days prior to the holding of such fair in such County, advertising of the exhibition of any circus, carnival or show.

B. The Board of Supervisors shall levy and collect a fine not to exceed $2,000 for each offense from any person, firm, company or corporation violating any provision of this section.

C. The provisions of this section shall not apply to circuses, carnivals or shows inside the grounds of any agricultural fair held in the County.

Division 3 – Fireworks

[Adopted 3-10-1978 as Ch. 9, Art. II, of the 1978 Code (Ch. 79 of the 1993 Code); amended in its entirety at time of adoption of Code (see Ch. 1.1, General Provisions, Art. II)]

§ 9.4-19 Purpose.

The regulations contained in this article are hereby adopted to provide for the issuance of permits to fair associations, amusement parks and organizations and groups of individuals for the display of fireworks and to regulate the use and display of fireworks upon the granting of permits.

§ 9.4-20 Application for permit to display fireworks.

A. Written application for a permit to display fireworks shall have the same conditions as a festival or outdoor entertainment permit outlined in § 9.4-4 of this chapter.

B. Each such application shall name at least one person who shall participate in displaying the fireworks who has had experience in displaying the type of fireworks proposed to be displayed.

§ 9.4-21 Disposition of application copies.

One copy of each application for a permit to display fireworks shall be kept on file by the County Administrator until after the date the fireworks are displayed, and two copies, after being approved as aforesaid, which will then become a permit to display fireworks, shall be returned to the applicant, who shall keep one copy on file for 60 days after displaying such fireworks, and one copy shall be in possession of the person in charge of displaying the fireworks at the time and place they are being displayed.

§ 9.4-22 Supervision.

Permits under this article shall provide that fireworks shall be displayed under the supervision of the Fire Marshal or a member of the Volunteer Fire Department, who shall be present at the time such fireworks are displayed.

§ 9.4-23 Number and age of persons authorized to conduct display.

Not more than three persons, in addition to the Fire Marshal or member of the Volunteer Fire Department, shall participate in displaying fireworks at one time, and all shall be persons over the age of 18 years.

§ 9.4-24 Compliance with State Fire Prevention Code.

The permittee shall comply with the terms and conditions set forth in the Virginia Statewide Fire Prevention Code.

STATE LAW REFERENCES

County authority to regulate assemblies — See Code of Virginia, § 15.2-925.

County authority to promote general welfare — See Code of Virginia, § 15.2-1200.

Sewage disposal — See Code of Virginia, §§ 32.1-163 to 32.1-166.

Sanitary requirements for food and drink — See Code of Virginia, § 3.2-5105 et seq.

Licenses for carnivals — See Code of Virginia, § 58.1-3728.

Regulation of fireworks — See Code of Virginia, § 15.2-974.