FENWICK ISLAND – With an uptick in special events seeking to be held in Fenwick Island, town officials approved more stringent guidelines earlier this month.
In October, the Special Events sections of the Town Code were amended on first reading. Councilman William Weistling stated changes were recommended to the Charter and Ordinance Committee by then Sgt. John Devlin.
Weistling highlighted the amendments will now cover outdoor special events in commercial areas, indemnified and holds the town harmless from any claims that may arise from any event. The changes added a section called “Violation and penalties”, that was written entirely by the town’s attorney.
The ordinance returned to the Town Council this month to be approved in its second and final reading.
“We are adding 30 days prior notice to any outdoor special event permit … the Town Manager and Police Chief can deny a permit, as well as applied an appeal process if the permit is denied so the applicant to appeal to council,” Weistling furthered on Friday.
The council voted unanimously to approve the ordinance in second reading without discussion.
The existing ordinance states a special event is “all outdoor activities such as, but not limited to, weddings, races, block parties, etc., held on Town and/or state property, including but not limited to streets, parks, beaches and any Town public property.”
The amendment will add, “Any event that requires closure of streets, closure of or allocations/reservation of additional parking areas, the use of any Town public property, and/or any outdoor events held in commercial zone.”
The amendment will delete a large section of the code pertaining to special events and replace it with the following:
“Permits for a special event or a nonprofit special event shall be required for any outdoor event held on public property and/or any outdoor event held on a property in the commercial zone.”
Permits can only be issued to a person 18 years old, and that person will be held responsible for the conduct of attendees, any activities in connection wherewith and for satisfactory restoration of any area involved with or used in connection with the special event.
The town shall require the applicant to complete a special event application accompanied with a fee and deposit. Such fees are set annually by resolution of the Town Council. However, there is no fee for any nonprofit special event.
The ordinance furthers, “Only two special events, with each anticipating attendance to reach or exceed 75 people, shall occur on the same day. All special events with attendance anticipated to reach or exceed 75 people shall be required to have a Town police officer on site for the duration of the special event with all costs associated to be paid by the applicant.”
As well as, “Upon application for a special event permit and acceptance of any special event permit issued by the Town, agrees to indemnify and hold the Town, its officers, members, agents and employees, harmless from any and all demands, claims causes of actions, damages, injuries, liabilities, penalties and expenses, including fees and disbursements and legal counsel, arising out of or resulting in any manner from the special event held.”
The existing code fines persons in violation $100 and costs for each and every offense. The proposed ordinance adds, the Town Manager and Chief of Police may deny or modify any special event permit. The applicant may appeal any denial and/or modification of the permit by promptly filing with the Town Clerk a written notice setting forth grounds for such appeal, and it will be brought before the Town Council.