Regulations for Special
Events and
Demonstrations
11/2019
The following document establishes new guidelines concerning processes associated with events and
demonstrations conducted on public property. These guidelines and processes reference existing
ordinances of the Town of Berryville, State Code, Planning and Zoning Ordinances of the Town of
Berryville and Clarke County Building Department Regulations.
Special Events and Demonstrations Regulations I
Table of Contents
I. Definitions………………………………………………………………………………………………………………….1
II. Town Department/Organization Affected………………………………………………………………… 1
III. Policy
A. Definitions……………………………………………………………………………………………………... 1
B. Permit Requirements……………………………………………………………………………………… 3
C. Permit Applications………………………………………………………………………………………… 4
D. Permit Processing…………………………………………………………………………………………… 5
(1) Order of Processing…………………………………………………………………………….. 5
(2) Priority of Use…………………………………………………………………………………….. 6
(3) Permit Application Fees………………………………………………………………………. 6
(4) Requests for Information……………………………………………………………………. 6
(5) Grounds for Rejecting or Revoking Permit………………………………………….. 6
(6) Modifying/Conditions/Limits on Permit Grants…………………………………... 8
(7) Notice of Decision……………………………………………………………………………….. 9
(8) Permit Revocation………………………………………………………………………………. 9
(9) Appeals……………………………………………………………………………………………...10
E. Permit Conditions and Limits………………………………………………………………………... 11
(1) Excluded Areas and Prohibited Items………………………………………………… 11
(2) Street Closings………………………………………………………………………………….. 11
(3) No Impediments to Public Access……………………………………………………... 12
(4) Indemnification Insurance………………………………………………………………… 12
(5) Limited Duration……………………………………………………………………………….. 13
(6) Time of Day Restrictions……………………………………………………………….…… 14
(7) Sound Amplification………………………………………………………………………….. 14
(8) Sale or Distribution of Merchandise/Information……………………………… 14
(9) Food and Beverage Sales………………………………………………………………….. 15
Special Events and Demonstrations Regulations II
TABLE OF CONTENTS
(10) Signs and Banners……………………………………………………………………………16
(11) Advertising……………………………………………………………………………………… 16
(12) Temporary Structures…………………………………………………………………….. 16
(13) Sanitation and Garbage…………………………………………………………………. 17
(14) Electricity……………………………………………………………….………………………. 18
(15) Fireworks Displays/Open Flame……………………………………………….…….. 18
(16) Public Safety Personnel………………………………………………………………….. 18
(17) Facilities Charges……………………………………………………………………………. 21
(18) Carnivals and Circuses……………………………………………………………………. 21
(19) Other Conditions and Limits………………………………………………………….. 22
(20) Information Collection…………………………………………………………………… 23
(21) Community Events…………………………………………………………………………. 23
Fee Schedule……………………………………………………………………………………………... Appendix A
Forms……………………………………………………………………………………………………….. Appendix B
Special Events and Demonstrations Regulations Page | 1
Regulations for Special Events and Demonstrations on Town Property
I. PURPOSES
To establish procedures and standards governing the use of public property by non-Town
organizations and individuals for the purpose of conducting events, and to ensure the
preservation of public convenience in the use of town streets and outdoor areas, the
preservation of public order and safety, and the defraying of administrative expenses
associated with certain types of uses.
To protect the right of persons and groups to organize and participate in peaceful
assemblies to express their political, social, religious, or other views on Town streets,
sidewalks, other public ways, parks, and other public lands, subject to reasonable
restrictions designed to protect public safety, persons, and property, and to accommodate
the interest of persons not participating in such assemblies in not having their ability to use
Town streets, sidewalks, and other public ways to travel to their intended destinations,
Town park for recreational purposes, and other Town lands for their intended purposes
unreasonably impaired.
II. TOWN DEPARTMENTS/ORGANIZATIONS AFFECTED
The Town Manager, directly or through the Town Clerk, shall manage the scheduling of
events on Town-owned property. The Town Planning Department, Police, Public Works,
Virginia Department of Transportation (VDOT), John H. Enders Fire & Rescue, and Clarke
County Fire & Rescue shall have an opportunity to review event applications and propose
reasonable time, place and manner modifications thereto and conditions thereon in keeping
with these ordinances and the purposes stated in section I above.
III. POLICY
A. Definitions
“Advertising” and “Advertisement” shall mean anything containing any words, symbols,
pictures and/or logos directing attention to any business or to any commodity or service for
sale to the public; excluding, however: (i) a price sign, a sign or logo identifying the name of
a vendor and item being sold by that vendor, when such signs are located within an area
specifically delineated as part of an event and the vendor holds a valid permit, (ii) a sign or
logo naming the sponsor(s) of an event, and (iii) stands or vehicles with semi-permanent or
permanently installed signs, if being used for authorized recreational activities or events.
“Commercial Activity” means performing services or providing goods that can normally be
obtained from private enterprise.
“Community event” shall mean events designated by Town Council or Town Manager as
“community events” from time to time.
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“Demonstration” shall refer to non-commercial expressions protected by the First
Amendment of the United States Constitution (such as picketing, political marches,
speechmaking, vigils, walks, etc.) conducted on public property, the conduct of which has
the effect, intent or propensity to draw a crowd or onlookers. This term does not include
casual activity by persons which does not have the intent or propensity to attract a crowd or
onlookers.
“Event” may refer to a demonstration, community event or a special event, or to
demonstrations, community events and special events, collectively.
“Events Liaison” means the Town Clerk, or another person designated by the Town
Manager.
“Open burning and open fire” have the same meaning as set forth in the Berryville Town
Code § 6-1.
“Open flame” means fire whose flame is supported by wick, oil or other slow burning means
to sustain itself. “Open flame” includes, but is not limited to, flame-producing devices such
as candles, torches, and juggling or other fire artist equipment; provided, however, that
“open burning and open fire” and “open flame” shall not include handheld candles when
used for ceremonial purposes, provided that they are not held or used in an intimidating,
threatening, dangerous or harmful manner.
“Person” shall mean and include any individual, corporation, Limited Liability Company,
partnership, limited partnership, association, company, business, non-profit company, trust,
joint venture or other legal entity.
“Prohibited items” shall mean (i) all items prohibited by law from being held, carried,
displayed, worn or otherwise used in public, (ii) items banned from public or park lands,(iii)
any BB guns, pellet guns, air rifles or pistols, paintball guns, pellet guns, nun chucks, tasers,
stun guns, heavy gauge metal chains, lengths of lumber or wood, poles, bricks, rocks,
metal beverage or food cans or containers, glass bottles, axes, axe handles, hatchets, ice
picks, acidic or caustic materials, hazardous, flammable, or combustible liquids,
skateboards, swords, knives, daggers, razor blades or other sharp items, metal pipes,
pepper or bear spray, mace, aerosol sprays, catapults, wrist rockets, bats, sticks, clubs,
drones, explosives, fireworks, open fire or open flames, or other item considered an
“implement of riot”, (iv) any items capable of inflicting bodily harm when these items
are held or used in an intimidating, threatening, dangerous or harmful manner, and (v)
law enforcement or military-like uniforms or uniform-like clothing, badges, insignia,
shields, hats, helmets, masks, equipment and other items that when held, carried,
displayed or worn tend to suggest or imply that the wearer is a current member of law
enforcement, the military, militia, or other public safety organization, such
as a fire
department or emergency medical services agency.
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“Special event” shall refer to sports events, pageants, celebrations, historical
reenactments, circus, carnivals, music festivals and other entertainments, exhibitions,
dramatic presentations, fairs, festivals, races (i.e., runs/walks), block parties, parades
and other, similar activities, conducted on public property, which (i) are not
demonstrations, and (ii) are engaged in by 25 or more persons. The term “special
event” shall be construed to include a community event or private organization
celebration held in or on town-owned property and is attended by more than 25 people.
The term “special event” shall exclude gatherings of ten or more people in a park for
general recreational or sports activities.
“Sponsor” shall mean the person (as defined above) or persons who sign, or whose
authorized representative(s) sign, an application for an event permit and who will be
responsible under the permit, if issued, for ensuring that the event will be conducted in
accordance with these regulations. Where a purported sponsor is not a legal entity, the
sponsor shall be the individual(s) signing the permit application.
“Streets” shall mean public streets, sidewalks, walkways, alleys, lanes and highways in
the Town.
“Structure” shall mean and include props and displays (such as, but not limited to: crates,
crosses, theaters, cages, and statues); furniture and furnishings (such as desks, chairs,
tables, bookcases cabinets, platforms, podiums and lecterns); shelters (such as tents,
boxes, inflatables, booths and other enclosures); wagons and carts; and all other similar
types of property which might tend to harm Town land or street areas, including aesthetic
interests.
“Town Manager” shall be the executive officer of the Town as defined in chapter 4 of the
Charter of the Town of Berryville, and from time to time a designee of the Town Manager
with respect to certain provisions within these regulations.
B. Permit Requirements
(1) Events may be held only pursuant to a permit issued by the Town Manager, with
the following exceptions: events involving fewer than 25 persons where no space is
requested to be reserved, or demonstrations which occur without prior planning or
announcement for the purpose of an immediate and spontaneous response to a
news-worthy occurrence, may take place without a permit if (i) it is otherwise a lawful
assembly conducted in accordance with the regulations set forth in sections IIIE(1) through
IIIE(3) and sections IIIE(6) through IIIE(15) herein, (ii) the group will not unreasonably
interfere with other events scheduled or taking place concurrently, and (iii) the
demonstration does not block streets or access to Town property; and (iv) the
demonstration does not pose a threat to public safety. Without limitation of the
foregoing, demonstrations taking place in response to a news-worthy occurrence more
than 48 hours after such news-worthy occurrence will not qualify as spontaneous
demonstrations, even without prior planning or announcement, and sponsors of
events outside this window must apply for and receive a permit for an event expected
to draw 25 or more persons.
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(2) Wherever these regulations specify that a particular use or activity may be conducted only
pursuant to a permit, such permit shall be required in order for that use or activity to be
lawful.
C. Permit Applications
(1) Permit applications may be obtained from the Events Liaison. Inquiries regarding use of
Rose Hill Park may also be directed to the Events Liaison.
(2) Applications for permits shall be submitted by the event sponsor in writing, on a form
provided by the Town, so as to be received by the Events Liaison at least (i) thirty (30)
business days in advance of any event, if not requiring street closure, removal of parking,
or provision of public safety personnel, or (ii) sixty (60) business days in advance of any
event, if requiring street closure, removal of parking, or provision of public safety
personnel. These periods may be reduced by the Town Manager with respect to
demonstrations only if, upon consultation with the Police Chief, Fire Chief or other
appropriate public safety officials, the size and nature of the proposed demonstration will
not reasonably require commitment of Town resources or personnel in excess of that
which are normally available or which can reasonably be made available within the
necessary time period, and review of the permit by all appropriate personnel for the
purposes contemplated by these ordinances is feasible within the necessary time
period. In all cases, sponsors are encouraged to submit requests for permits as far in
advance of any event as possible (but not to exceed 6 months). A permit may be
denied if, taking
into account the size and nature of the proposed event, the Town
Manager does not have sufficient time to evaluate the proposed event’s potential
impact upon public safety, persons and property, and the interests of persons not
participating in the event being able to use Town streets, sidewalks, and other public
ways to travel to their intended destinations, Town parks for recreational purposes, and
other Town lands for their intended purposes.
a. Each application shall specify (i) the name, address and telephone number of a
contact person for the sponsor, (ii) the nature of the event, (iii) the date when the
event is to be conducted, (iv) the times when the event is to begin and end, and
the approximate times when assembly for, and disbanding of, the event are to
take place, (v) the location(s) of the event and any assembling or disbanding
areas, as well as any related stands or other structures to be used in the event, (vi)
the approximate number of persons, animals, and vehicles that will participate in
the event, (vii) whether the sponsor will invite, publicize or advertise the event to
groups and other persons that the sponsor does not directly represent, (viii) a
description of the types of animals, the types of vehicles to be used, the number
of bands and other musical units and sound trucks to be used, and the number,
type, and size of banners, placards, and signs to be used, (ix) the number of
persons who will be designated by the sponsor to monitor the event, and (x) any
other information required by these regulations. The sponsor must disclose in
an
application whether the sponsor requests permission for a prohibited item to be
used during a demonstration due to its expressive or symbolic quality relevant to
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the subject matter of the demonstration, including without limitation symbolic
weapons, open flames or other similar items. If the permit grant includes the
right to carry or display a prohibited item, such item must be carried or displayed
in strict accordance with the terms of the permit and must otherwise at all times
conform to applicable law.
b. Any permit granted will be based on the information provided in the
application being, and remaining, complete, accurate and not lacking any material
omissions regarding the nature of the event, any structures or items to be used
during the event, or any activities to be conducted during an event, which
information constitutes conditions and limits on the event. Sponsor will notify
the Town as soon as practicable if any information in the application is no longer
complete or accurate and provide a revised application containing the updated
information. The Town will promptly review the revised application and notify
the sponsor whether the permit will stand, or be revoked, modified or subject
to additional conditions or limits. The sponsor will be responsible for notifying the
anticipated attendees of any applicable conditions and limits placed on an
event and any relevant subject matter of these regulations directly applicable to
their conduct at an event, such as the list of prohibited items and the allotted
time and location for an event and its initial staging and dispersal, if applicable.
c. Each application must be accompanied by all required fees and deposits and
signed by all sponsors responsible for the event unless, with respect to an
application for a demonstration only, the sponsor claims in the application a bona
fide financial hardship and the sponsor demonstrates to the Town Manager
by reasonable evidence that the monetary obligations imposed by these
regulations on the event would render the sponsor not reasonably able to
conduct the demonstration, in which event the Town Manager shall waive, in
whole or in part, compliance with the monetary obligations, including the
obligations of indemnification, imposed by these ordinances to the extent
necessary to enable the sponsor to conduct the demonstration.
d. If applicable, the sponsor of (i) an event at which at least 500 people will or may
be expected to attend, or (ii) a special event for which admission fees will be
charged shall provide the Town with the location and number(s) of people who
attended the past three events staged by the sponsor (or the sponsor’s officers,
directors or other principals). This will assist Town officials and public safety
personnel in planning for any services which may be necessary in connection with
the event, including by contacting counterparts in other jurisdictions for the
purpose of assessing the appropriate levels of such services.
e. If necessary secure permits, including permits for tents, as
required by the Clarke County Building Department and/or
State Fire Marshall’s Office.
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D. Permit Processing
(1) Permit applications for events will be processed in order of receipt. The use
of a particular area is allocated in order of receipt of completed applications
(including any applicable fees or charges); however, the application of a
sponsor who applies for a hardship fee waiver or reduction will not be
considered incomplete due to non-payment of any fees or charges unless and
until a determination is made that any fees or charges are due and owing from
the sponsor and the due date for the fee has passed without the payment
having been made. Unless otherwise provided by these regulations, no
applications shall be accepted more than six months prior to the proposed
date of an event. This restriction shall not apply to community events which
routinely repeat on an annual basis. Upon receipt of a permit application, the
Events Liaison shall promptly deliver a copy of such application to the Town
Manager, the Police Chief, the Director of the Department Public Works, the Town
Planner and any other Town officials whom the Town Manager may, from time to
time, designate as reasonably necessary to receive and review permit
applications, or their respective designees. Such officials shall promptly deliver
to the Town Manager their recommendations with respect to granting or
denying the requested permit, or
any modifications, conditions or limits upon
which issuance of the permit should be based.
(2) Priority of Use. Community events shall have priority of use of the particular
street or Town land specified in section E (21) of these regulations, and those
areas shall be deemed reserved unless released in writing by the sponsor. Other
events may be allowed in areas which have been reserved for a community
event, if they do not materially interfere with the community event and the
community event sponsor consents.
(3) Permit Application Fees. An application fee shall be paid by the sponsor of
every proposed event for which a permit is required. See Appendix A for the
amount of the fee. If a permit is denied or revoked, the application fee will
not be refunded.
(4) Requests for Information. Before or after permit issuance, the Town Manager or
his or her designee may request from the sponsor such additional information
with respect to a proposed event as reasonably deemed necessary for evaluating
the proposed event’s compliance with these regulations and the impact of the
proposed event upon public safety, persons, and property, and the interests of
persons not participating in the event being able to use Town streets, sidewalks,
and other public ways to travel to their intended destinations, Town parks for
recreational purposes, and other Town lands for their intended purposes
unreasonably impaired. This may include a personal meeting with the Town
Manager and Town of Berryville staff. The sponsor’s failure to timely provide such
additional information constitutes grounds for the denial of a permit request or the
modification, conditioning or limiting of a permit.
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(5) Grounds for Rejecting or Revoking a Permit. A permit may be denied, or its
grant may be conditioned or limited by the Town Manager, or an issued permit
may be revoked upon the following grounds:
a. Receipt of Multiple Requests: a fully executed application for the same time and
place has been received at an earlier time, reserving an area for an event or
activities which do not reasonably permit multiple events in the particular area.
b. Impact on Public Safety: if it reasonably appears that the proposed event, due
to its nature, location, anticipated number of attendees or other factors, will
present a threat to public safety or health or would be unlawful (including,
without limitation, where a permit or license required by the Health
Department or the Virginia Department of Alcoholic Beverage Control has not
been obtained).
c. Incompatible Use: the proposed event is of such a nature or duration that it
cannot reasonably be accommodated in the particular area applied for; would be
inconsistent or incompatible with the purpose(s) for which the area sought to be
reserved is normally used, or with other uses of the area sought to be reserved.
d. Failure to Meet Conditions: the application proposes activities contrary to one or
more of the purposes, conditions or limits specified within these regulations.
e. No Responsible Person: there is no person authorized to sign an application on
behalf of the sponsor applying for a permit and/or there is no person willing or
able, as demonstrated to the Town Manager by reasonable evidence, to
accept responsibility for and perform the sponsor’s obligations set forth in
these regulations, including, without limitation, the sponsor’s indemnification
obligations.
f. In the case of a proposed special event: the proposed special event cannot be
accommodated within a reasonable allocation of Town funds and/or
resources, considering the event’s public appeal and the anticipated
participation of the general public therein.
g. Failure of the Event to be Consistent with the Application: The Town Manager
reasonably determines at any time, following consultation with the Police Chief
or other appropriate Town officials, that any material information set forth in
the permit application is incorrect or misleading, or has become since the
submission of the application incorrect or misleading and the permit must be
revoked, modified, conditioned or limited consistent with these regulations.
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h. Prohibited Items: Prohibited items are not allowed at events and an event permit
will be denied or revoked if at any time it appears that prohibited items will be
used, or are being used, during an event, and the Town has not granted
special permission in the permit covering such use. It will not be grounds for
rejection of a permit that a sponsor wishes event attendees to carry or use a
prohibited item in an expressive or symbolic way, including without limitation a
symbolic weapon, open flame or other similar item, provided that all attendees
must be licensed to carry such weapons if required by law and the use of such
items must be otherwise lawful, and further provided that the event sponsor pays
for any additional police, fire and emergency medical personnel required to
maintain public safety in accordance with these regulations. If any prohibited
item for which special permission has been received is held or used during
the demonstration in an intimidating, threatening, dangerous or harmful
manner, such use will be unlawful and the permit’s allowance of such use shall be
automatically revoked. The person responsible for the unlawful use of the item
will be directed by law enforcement to leave the demonstration area, and any
person refusing to do so
shall be subject to arrest for trespassing.
Nothing in these regulations shall prohibit a disabled person from carrying, possessing or
using a wheelchair, cane, walker, or similar device necessary for providing mobility so
that the person may participate in a permitted event.
Nothing in these regulations shall prohibit certified law enforcement officers or other
public safety officials acting in their official capacity from carrying or possessing
materials, weapons and / or devices used in the performance of law enforcement duties.
(6) Modifying or Placing Conditions or Limits on Permit Grants. A permit may be
modified or its grant may be conditioned or limited by the Town Manager where
necessary to meet the requirements of these regulations or to further their
purposes. Such conditions and limits may include, for example, requiring the
event to be relocated to an alternative venue if doing so is required to safely
accommodate the number of anticipated attendees or type of event; provided,
however, that with respect to demonstrations only, the Town Manager shall
take into account whether the alternative venue is suitable for communicating
the content of the demonstration. The Town reserves the right to limit the
number of persons allowed at events based on the location or nature of the
event, and to require that the sponsor provide a certain number of individuals,
who may be volunteers within sponsor’s organization, to act as crowd managers
to assist with ensuring that the assembly is and remains lawful and in
compliance with these regulations and liaising with Town officials prior to and
during the event.
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(7) Notice of Decision
a. Applicants shall be notified of the Town’s approval or denial of a
permit for an event as soon as reasonably practicable after the date
on which the application was received. The Town may also issue
approval of a permit for an event conditioned upon the sponsor’s
accepting modifications, conditions or limits imposed on the event
consistent with these regulations.
b. Unless denied or modified within 10 business days following the
submission of a completed permit application, or within thirty (30)
business days if the event requires a street closure, removal of
parking, or provision of public safety personnel, all requests for
demonstration permits shall be deemed granted, subject to the
conditions and limits set forth in the permit and these regulations, so
long as the area proposed for the demonstration had not been reserved
by another person prior to the date on which the permit would be
deemed granted in accordance with this section.
c. All denials of requests for or conditional approvals of,
demonstration permits shall include a reasonably detailed description
of the reason for the denials or the modifications, conditions or limits,
and specific instructions for how an appeal of the denial or conditional
approval can be submitted to the Town Manager.
(8) Permit revocation
a. An issued permit for an event may be revoked by the Town
Manager or designee upon a finding of a violation, or a
reasonably anticipated violation, of any rule, ordinance, law,
regulation and/or condition or limit of the permit, or a finding that
a permit application was not complete or accurate or had a material
omission of fact when granted, or a finding that the information in
the permit application has become, or is reasonably likely to become,
incomplete, inaccurate or to contain a material omission. Immediately
upon such a revocation, the Town Manager or designee shall send a
written notice to the sponsor at the sponsor’s address in the permit
application, specifying the reason for the revocation. Written notice
requirements may also be satisfied by virtue of electronic transmissions
via e-mail or fax.
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b. During the conduct of an event, a permit may be revoked by the
ranking police officer, fire marshal or other public safety supervisory
official in charge, and the event attendees dispersed, if the event is
unlawful, prohibited items are being used, there exists an imminent
likelihood of violence or other threat to public safety endangering
persons or threatening to cause significant property damage, or if
the Town, County or Commonwealth has declared either a state of
emergency or an unlawful assembly covering the area in which such
demonstration is being or will be held. Upon such revocation, the
sponsor and the other sponsor attendants shall communicate the
need to disperse the demonstration to the attendees.
c. When a permit has been granted, or is deemed to have been granted
pursuant to these regulations, the Town Manager may revoke,
modify condition or limit the permit for any reason for which it could
have been denied, modified, conditioned or limited originally.
d. Except for permits revoked during demonstrations, all revocations of
demonstration permits shall include a reasonably detailed description
of the reason for the revocation and specific instructions for how an
appeal of the revocation can be taken, and shall be served personally
or by certified mail, with a copy sent by fax or e-mail at the sponsor’s
request.
(9) Appeals
a. Except for permits revoked during demonstrations, an appeal of the
denial, conditional approval or revocation of a demonstration permit
must be made to the Town Manager in writing, and shall include a
statement of the basis for the objection to the denial, conditional
approval or revocation.
b. The Town Manager shall make a decision on appeal expeditiously
and, if practicable, at least three (3) business days prior to the date
the demonstration is planned to commence, and shall explain in
writing the reasons for the decision.
c. The applicant may appeal the Town Manager’s decision to the
Berryville Town Council. The applicant must submit this appeal in
writing within five (5) business days after receiving notice of the Town
Manager’s decision. The appeal will be added to the agenda of the
next regularly scheduled meeting of the Town Council for discussion
and action.
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E. Permit Conditions and Limits. All events are subject to the following conditions and limits:
(1) Excluded Areas and Prohibited Items
a. No events that charge an admission fee or offer goods or services for
sale will be permitted in Rose Hill Park.
b. Prohibited items are excluded from all events.
(2) Street Closings
a. No street may be closed for any event, unless done so pursuant to a
street closure permit applied for by the event sponsor and issued by
the Town Manager pursuant to sec. 10-7 of the Town Code; or for
streets within Town maintained by VDOT, a VDOT land use permit. No
such permit shall be granted unless the Town Manager, in
consultation with the Chief of Police determines that such closure is
reasonably required due to the location of the event and:
1. Such closing is necessary because the event will impede or
pose a reasonable risk of harm to traffic and/or pedestrian
travel, or, if not strictly necessary, such a closing would not be
unduly detrimental to public safety and convenience; and,
2. If the street in question is an extension of the state
highway system, adequate provision shall be made to detour
through traffic during the event (C. Ref. Temporary Street
Closings, Generally; State Code 15.2-2013), and
3. The sponsor permitted to use public right(s)-of-way being
closed will furnish a public liability and property damage
insurance contract, as required by Va. Code §15.2-2013 and
§E (4) of these regulations.
b. No street may be closed for an event except on a temporary basis, not
to exceed 10 hours in duration.
c. Even if not requested by a sponsor, if the circumstances of a proposed
event are such that a street closing is necessitated because the event
will likely impede or pose a threat to vehicular or pedestrian travel
then the Town will require a permit and a street closing in
connection with the event, along with all application fees applicable
thereto, and may require that the event be held at an alternate site if
a suitable alternate site is available where the event is not likely to
impede or pose a threat to vehicular or pedestrian travel.
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d. Upon approval of a street closing in connection with an event, the
sponsor shall be issued a street closure permit by the Town Manager.
This permit shall be displayed in a prominent place during the event.
e. During the conduct of an event, the sponsor of that event shall
comply immediately with the lawful request of any police officer,
firefighter, rescue service person, or town employee, made for
public safety or other emergency reasons, to move any structure or
persons from a street which has been closed in connection with that
event.
f. Notwithstanding any of these provisions, the Town Manager may close
any street for a neighborhood-based gathering when (i) 1 block or less
is to be closed, (ii) there is an alternative for all traffic, (iii) reasonable
notice of the closure is given by posting signs at either end of the block,
and (iv) the Town Manager believes that there are no safety issues. In
these cases, no permit is required and applicants shall be referred to the
Town Clerk for street closure permits.
(3) No Impediments to Public Access. During any street closure, all Town
ordinances and State statutes limiting the use or obstruction of fire lanes,
access to Fire Department fire suppression system connections and fire
hydrants, emergency routes, and pedestrian walkways must be observed at
all times. No person(s) or group(s) participating in an event shall block any
entrances to or exits from buildings, nor shall such person(s) or group(s) interfere
with the use of buildings, parks or facilities by non-participating persons for their
ordinary purposes, whether by impeding access, impeding egress using fire exits
and routes, creating unreasonable noise or otherwise.
(4) Indemnification and Insurance.
a. Sponsors of events for which a permit is required shall be required to
indemnify and hold harmless the Town, its officials, employees and
agents from any personal injury, death and damages to property,
and any other loss, cost and/or damage occurring as a result of the
actions or inactions of the event’s sponsor, or the sponsor’s failure
to comply with these regulations.
b. The sponsor(s) will accept the reserved area as-is, and the Town does
not warrant that any public area(s) are suitable for the activities to be
conducted as part of the event. The event sponsor(s) shall be solely
responsible for any damages or injuries resulting to any person or
property arising out of the sponsor(s)’ use of Town property for the
event, and the sponsor(s)’ failure to obtain any required public liability
Special Events and Demonstrations Regulations Page | 13
insurance for the event is at the sponsor(s)’ sole risk. The Town expressly
reserves all sovereign and governmental immunity to which it, and its
officers, officials and employees may be entitled to under the laws of the
Commonwealth of Virginia.
c. Insurance or Other Liability Contract. The sponsor of an event shall
furnish a general liability and property damage insurance contract
insuring the Sponsor’s liability for personal injury and death and
damages to property resulting from its use of public property. If
alcohol is to be served or sold in connection with the event, then the
required insurance shall cover liability specifically in connection with
that activity. The required general liability and property damage
insurance shall be provided in an amount not less than $1,000,000,
and the insurance policy shall name the Town (including is officers,
officials, employees and agents) as an additional insured party to the
insurance contract. Failure to provide required insurance, and
reasonable documentation of the insurance, will be grounds for
denial and/or revocation of a permit.
1. Prior to commencement of the event, the Sponsor must
provide the Town with an insurance certificate that verifies
the insurance coverage required by these regulations.
2. This insurance requirement may be waived, in whole or in
part, by the Town Manager for events that do not (i) pose a
high level of liability risk to the Town or a material risk to
public safety, and (ii) do not involve any inherently dangerous
activity. A written request to waive or modify any
insurance requirement must be made by the sponsor at
the time a permit application is submitted. An approval or
denial of the request will be made in writing to the event
sponsor by the Town Manager.
d. The sponsor of an event for, or in connection with, which any type of
royalty(ies) are required to be paid must agree to pay all such royalties
(including, without limitation, any which may be due to ASCAP and BMI)
and to indemnify and hold the Town harmless from and against any and
all royalty payments sought from the Town.
(5) Limited Duration. No event shall be authorized for a duration in excess of two (2)
days and no street closing shall be authorized for a duration in excess of eight (8)
hours. Provided, however, that the stated period may be extended, upon request
no later than 24 hours prior to the expiration of the then-authorized duration for
demonstration only, up to one (1) day unless another application has requested
use of the particular area and said application precludes double occupancy.
Special Events and Demonstrations Regulations Page | 14
(6) Time of Day Restrictions. No event shall be permitted in any Town park during
hours that the park is otherwise closed to the public.
(7) Sound Amplification.
a. The Town Manager may approve a request in the permit application
for the use of sound amplification equipment in connection with the
permitted event in accordance with exemptions to noise ordinance
violations enumerated in Chapter 11 of the Code of the Town of
Berryville. The Town Manager may reasonably limit the sound
amplification equipment so that it will not unreasonably disturb
nonparticipating persons in, or in the vicinity of, the area of an event
and/or so that it will not unreasonably interfere with the conduct of
another event, or an outdoor business enterprise in the vicinity or
area.
b. No amplified sound shall be generated by or in connection with an
event between the hours of 10:00 pm and 09:00 am.
(8) Sales or Distribution of Merchandise/Information
a. When the sale or display of merchandise, or the distribution or display
of educational, informational or other materials (including the
distribution of non-commercial printed materials) is to be done in or
upon Town streets or parks with the aid of a table, stand or structure,
no such table, stand or structure shall exceed 4 ft. x 4 ft. or 2 ft. x 8 ft.
b. Whether or not a permit is required, the sale, display or distribution
of merchandise or other materials, and the solicitation of contributions
or donations, is prohibited in the following areas: (1) any location that
would impede access to the entrance of any adjacent building or
driveway; (2) any location such that the sale or distribution activity
would occupy more than half the available sidewalk width, or four
feet of sidewalk width, whichever is less; (3) within 10 feet of a fire
hydrant, a public telephone, a fire escape, the driveway of a fire or
police station, or a loading zone; (4) within the portion of any street
intended for the use of motor vehicles which has not been
temporarily closed for or in connection with the demonstration or
special event; (5) if done with the aid of a table, stand or structure:
within any area reserved by a permit issued for an event, if the
sponsor of the event has not consented to the presence of the table,
stand or structure.
c. All commercial activity is prohibited upon the lands or within the
structures of Rose Hill Park in accordance with the Deed of Gift.
Special Events and Demonstrations Regulations Page | 15
d. Persons or organizations engaged in the sale, display or distribution of
written or printed materials, and/or the solicitation of donations or
contributions, whether or not a permit is required, shall not
obstruct or impede pedestrians or vehicles, harass park visitors or
the attendees of any event with physical contact, misrepresent the
purposes or affiliations of those engaged in the activity, or
misrepresent whether written or printed materials being distributed
are available without cost or donation.
e. No sales or distribution activity may be conducted after 10:00 p.m.,
except that such activity shall be allowed past 10:00 p.m. in
connection with a community event.
(9) Food and Beverage Sales. The sale or distribution of food and/or beverages as
part of an event is allowed pursuant to a permit.
a. All sales and/or other provision of food and/or beverages must be done
in accordance with all licenses, permits and approvals (including,
without limitation, those required by the Health Department, the
Department of Alcoholic Beverage Control and the Town Treasurer)
required by law. If the sponsor cannot provide documentation to the
Town that all required licenses or permits have been obtained, that
shall be grounds for denial or revocation of the permit for the event.
b. The sponsor shall provide the Town with a diagram identifying the size
and location of any tables, stands, food trucks or mobile food units or
other structures to be used for or in connection with the sale of food
and beverages. There shall be no sales or distribution of food or
beverages in any of the following locations: (1) any location that would
impede access to the entrance of a building or driveway; (2) any
location such that the sale or distribution activity would occupy more
than half the available sidewalk width, or four feet of sidewalk width,
whichever is less; (3) within 10 feet of a fire hydrant, a public telephone,
a fire escape, the driveway of a fire or police station, or a loading zone
(unless the loading zone is located in a street temporarily closed in
connection with the event); (4) within the portion of any street
intended for the use of motor vehicles which has not been temporarily
closed for or in connection with the event.
c. Any person selling or otherwise providing food and/or beverages during
an event or community event, within an area reserved pursuant to the
permit authorizing that event or community event, must do so with the
consent of the sponsor and must have all licenses, permits and
approvals required by law. The sponsor controls vendors only within the
area designated for the event or community event.
Special Events and Demonstrations Regulations Page | 16
d. There shall be no sale or other provision of food or beverages at any
event after 10:00 p.m.
e. In accordance with the Deed of Gift for the lands of Rose Hill Park, no
food and/or beverages may be offered for sale. However, food and/or
beverages excluding those containing alcohol and in accordance with all
other regulations set forth in this section may be provided free of
charge by the sponsor to event attendees.
(10) Signs and Banners. The use of signs and banners in or upon the Town’s streets is
prohibited, for or in connection with any event, except:
a. Signs hand-carried by an individual are allowed up to 3 feet by 5 feet in
size. If during an event signs, due to their size or collective use by
persons, interfere with the public safety personnel’s ability to conduct
their duties, such signs can be restricted or banned from the event.
b. Signs are allowed on or within any table, stand or other structure at
which food, beverages or merchandise is being sold, or at which non-
commercial printed material is being distributed, so long as tat sign is no
larger than two (2) square feet in area and contains no advertising or
advertisement.
c. Signs that are attached permanently, or semi-permanently, to stands or
vehicles being used for or in connection with authorized recreational
activities or events are allowed.
(11) Advertising. Advertising/Advertisement (see definitions set forth in section IIIA) by
the use of banners, billboards, signs, markers, audio devices, or any other means
whatsoever is prohibited in or upon Town streets, sidewalks and parks for or in
connection with any event. (C. Ref. State Code 15.2-2013).
(12) Temporary Structures. The erection, placement or use of structures of any kind is
prohibited, except:
a. In connection with permitted events, temporary structures may be
permitted provided that notice to the Town Manager is provided
contemporaneously with the permit application. Examples of
temporary structures that may be permitted are as follows: structures
erected for the purpose of symbolizing a message, first aid facilities, lost
child alerts, shelter for electrical or other sensitive equipment.
b. Structures that are being hand-carried are allowed as part of a
demonstration.
c. Structures that are permitted pursuant to other sections of these
regulations are allowed.
Special Events and Demonstrations Regulations Page | 17
d. When allowed: (1) structures are not permitted on sidewalk(s) unless
they meet the size criteria described in section (8)a of these regulations;
(2) structures must be erected in such a manner so as not to
unreasonably harm park or other public area resources and the sponsor
of the event must agree to remove such structures as soon as
practicable after the conclusion of the permitted demonstration or
special event; (3) structures must be capable of being removed upon 10
hours’ notice and without permanent damage to Town lands (with the
sponsor being responsible for any non-de minimis costs of remedying
any damage arising out of such removal), and shall be secured in such a
manner so as not to interfere unreasonably with use of any park area by
other permittees authorized under this section; (4) structures shall not
be attached to or fashioned in any way that would damage trees or
other existing structures on public lands; and (5) the sponsor must
comply with all other regulations concerning temporary structures and
required permits as established by the Berryville Planning Department
and Clarke County Building Department.
e. The Town Manager may impose other restrictions upon the use of
temporary structures in the interest of protecting park or other public
areas and/or traffic and public safety considerations.
(13) Sanitation and Garbage.
a. Garbage, trash, rubbish, litter, or any other waste material or waste
liquid generated on public property during an event shall be removed
from the area by the sponsor of the event, or deposited in receptacles
provided for that purpose. The improper disposal of such waste is
prohibited.
b. The sponsor of every event shall be required to pay a fee for cleanup
costs, in the amount specified within the Special Events and
Demonstrations Fee Schedule (Appendix A), to cover anticipated costs
to the Town of cleaning up the site for restoring the area in question to
its pre-event condition, and disposing of trash and refuse resulting from
the event. This fee must be paid in advance. If actual cleanup costs
incurred by the Town exceed the amount of the Cleanup Fee Advance
Deposit collected by the Town, the sponsor will be billed by the Town
for the excess. Any balance of funds from the advance deposit not
expended to cover the actual cost of cleanup services will be refunded
to the applicant.
c. A sponsor of any event must arrange for such public restroom facilities
as may be required by the Health Department. The Town shall bear no
responsibility for the cost of providing such facilities, and it shall be the
sponsor’s obligation to provide documentation to the Town Manager
that all restroom facilities required by the Health Department have
been arranged. Failure to provide documentation of Health
Special Events and Demonstrations Regulations Page | 18
Department approvals prior to an event shall be grounds for denial or
revocation of a permit.
(14) Electricity.
Sponsors in community events may have the use of Town electrical outlets, as
needed. Sponsors may be required to pay an Electricity Fee, in advance, at the
discretion of the Town Manager and based upon anticipated electricity needs for
the event. Attendees in events may not use Town electrical outlets.
(15) Fireworks Displays; Open Flame.
Persons desiring to conduct a pyrotechnic display of fireworks on streets or public
lands must obtain approval from the State Fire Marshall’s Office. Persons desiring
to use open burning or open flame on streets or public lands must obtain a permit
from the Town as required by sec. 6-1 (Open burning; generally) of the Town Code.
Fires upon the lands of Rose Hill Park are prohibited with the exception of fires
within grills located in the park designed for the preparation of foods or in
conjunction with special ceremonies approved by the Town Manager. (Berryville
Town Code sec. 13-36(i)). The Chief of Police, in consultation with the Clarke
County Director of Fire and EMS, may withhold approval of such permit to the
extent its issuance would result in the violation of a Town ordinance or it might
jeopardize public health, safety or welfare.
(16) Public Safety Personnel.
a. No permit will be granted for an event unless adequate security will, in
the determination of the Town Manager upon consultation with the
Police Chief, Clarke County Director of Fire and EMS, or other
appropriate public safety official, be available for the welfare and safety
of those attending the event and of the general public.
1. General Requirements.
(A) Minimum Required Security Officers:
(1) Open Events (Admission not restricted by
tickets, fees, or otherwise) Where Alcohol is
Served or Offered for Sale. Baseline: the
sponsor must pay the cost of one police officer
to staff the event, regardless of attendance.
Where attendance exceeds, or is expected to
exceed, 100 people, the sponsor must, in
addition, pay the cost of one police officer for
every 100 people (or portion thereof) attending
or expected to attend.
Special Events and Demonstrations Regulations Page | 19
(2) Closed Events (Admission restricted by tickets,
fees or otherwise) Where Alcohol is Served or
Offered for Sale. Baseline: the sponsor must pay
the cost of two police officers to staff the event,
regardless of attendance. Where attendance
exceeds, or is expected to exceed, 350 people
(or portion thereof), the sponsor must, in
addition, pay the cost of one police officer for
every 350 people.
(3) Events at Which No Alcohol Will Be Served or
Offered for Sale (whether open or closed to the
general public). Where attendance exceeds, or
is expected to exceed, 1000 people, the sponsor
must pay the cost of one police officer to staff
the event, regardless of attendance. The
sponsor must, in addition, pay the cost of one
police officer for every 1000 people (or portion
thereof) attending or expected to attend.
(4) Marathons/Races/Walks. Baseline: The sponsor
must pay the cost of one police officer per hour
of the race. The sponsor may be required to pay
for additional police officers to staff the event,
if the Police Chief (or his designee) determines
additional police officers to be necessary due to
the geographic location of the proposed event,
the time of day the event is planned to occur, or
other factors related to the safety of attendees
or the general public and the efficient flow of
traffic and pedestrian travel along the planned
route of the event.
(5) Additionally, the sponsor shall be required to
pay the cost of one traffic/parking control
officer for every 1,000 people (or portion
thereof) attending the event.
(6) Upon a determination by the Chief of Police, or
his designee, due to public safety factors such
as the size of the crowd, the location or nature
of the event, or the anticipated use of
structures, sound equipment or items that
could during an event become prohibited items,
that one or more police vehicles are necessary
to assure safe and efficient police coverage of
an event, the sponsor must pay a vehicle fee, as
specified in the Special Events and
Special Events and Demonstrations Regulations Page | 20
Demonstrations Fee Schedule (Appendix A), for
each required vehicle. A sponsor may request,
in advance of an event, an estimate of the
number of vehicles that may be required;
however, if circumstances of the event require
the assignment of additional vehicles, the
sponsor will be billed, and must pay, the
required fee for each vehicle actually deployed.
(7) Upon a determination by the Clarke County
Director of Fire and EMS, or his designee, due to
public safety factors such as the size of the
crowd, the location or nature of the event, or
the anticipated use of structures, sound
equipment or items that could during an event
become prohibited items, that one or more fire
vehicles and / or emergency medical services
vehicles are necessary to assure safe and
efficient fire or emergency coverage of an
event, the sponsor must pay a vehicle fee, as
specified in the Special Events and
Demonstrations Fee Schedule (Appendix A), for
each required vehicle. A sponsor may request,
in advance of an event, an estimate of the
number of vehicles that may be required;
however, if circumstances of the event require
the assignment of additional vehicles, the
sponsor will be billed, and must pay, the
required fee for each vehicle actually deployed
for the event.
(8) Upon a determination by the Clarke County
Director of Fire and EMS, or his designee, that
due to public safety factors such as the size of
the crowd, the location or nature of the event,
or the anticipated use of structures, sound
equipment or items that could during an event
become prohibited items, one or more
firefighters, fire officers or emergency medical
services providers are necessary to assure safe
and efficient fire and emergency coverage of an
event, the Sponsor must pay the cost of those
firefighters, fire officers or emergency medical
services providers. A Sponsor may request, in
advance of an event, an estimate of the number
of firefighters/officers that may be required;
however, if circumstances of the event require
the assignment of additional
Special Events and Demonstrations Regulations Page | 21
firefighters/officers, the Sponsor will be billed,
and must pay, the required fee for each
firefighter/officer actually deployed.
(B) Fees and Charges: The fee(s) and charges associated
with the above-stated police officer, career fire fighter
and emergency vehicle requirements are set forth
within the Special Events and Demonstrations Fee
Schedule (Appendix A). The costs charged to sponsors
for required police, fire and emergency personnel
coverage will be the established hourly wage for
overtime work for the particular officer(s) willing and
available to cover the event. In the event that the
Town’s actual cost of police, fire, and emergency
personnel coverage necessitated if the event exceeds
the amount(s) collected in advance as deposits, the
sponsor will be billed by the hour for each Town officer,
fire and emergency personnel utilized to patrol or at the
location available to assist the event as needed.
(C) Where Admission Fees Will be Charged: The sponsor of
an event for which admission fees will be charged shall
provide at least two secure access gates, at locations
approved by the Town’s Police Department. For events
to which tickers are sold in advance, the sponsor shall,
two days prior to the event, and at any other time
reasonably requested by the Town, advise the Town as
to how many tickets have been sold as of the day of the
report. This will assist the Town in planning for any
additional police or other services which may be
necessary in connection with the event.
(17) Facilities Charges.
The sponsor of an event to which an admission fee will be charged (by ticket sales
or otherwise) shall pay the Town a rental fee in the amount specified in the Special
Events and Demonstrations Fee Schedule (Appendix A). These types of events tend
to have a greater impact upon the community in general and upon the specific area
reserved for the event.
(18) Carnivals and Circuses
a. No circus, carnival, or other similar show shall publish or post in any way
within the Town, at any time within 15 days prior to the holding of such event
within the Town, any advertising of the exhibition of the circus, carnival or
other similar show. (C. Ref. Va. Code 58.1-3728).
Special Events and Demonstrations Regulations Page | 22
b. Any circus, carnival or other, similar show shall obtain the license required by
section 9-34 of the Town Code before commencing any activity.
c. The sponsor of the circus, carnival, etc. shall pay a fee, as specified on the
Special Events and Demonstrations Fee Schedule (Appendix A) hereto, for the
inspection of any amusement rides to be offered as part of the event, and
shall pay the tent erection fee(s) required by regulations of the Clarke County
Building Department.
(19) Other Conditions and Limits.
a. A permit may contain additional conditions and limits, consistent with these
regulations, as may be warranted by the nature of a particular event, in the
interest of protecting park or other town resources, the use of nearby areas
by other persons, and other legitimate property and/or public safety
concerns.
b. Sponsors who request the Town to provide special equipment or facilities
(e.g., barricades and cones for street closings, tables, chairs, public address
systems, fencing, etc.) will be charged a reasonable fee and rental therefore.
The appropriate fees shall be identified by the Town Manager to the sponsor
following the sponsor’s request for such items.
c. A permit for a demonstration may be subject only to reasonable time, place
and manner conditions or limits that: (i) are narrowly tailored to serve the
Town’s significant interest, and (ii) leave open ample alternative channels for
communication of the content of the demonstration. No permit denials,
revocations, or modifications, and no time, place, or manner conditions or
limits imposed on a demonstration, may be based on the content of the
beliefs expressed or anticipated to be expressed during the demonstration, or
on factors such as the attire or appearance of persons participating or
expected to participate in a demonstration (except to the extent involving
unlawful or prohibited items), nor may such conditions or limits favor special
events over demonstrations. With respect to demonstrations, these
regulations shall be applied, and the Town Manager or his or her designee
shall make permitting decisions in compliance with and to further the intent
of this section (19) c. The Town Manager may impose such conditions or limits
on a demonstration (i) during the permitting approval process, or (ii) during
the occurrence of a permitted demonstration if necessary: (A) to ensure that
the demonstration meets the stated terms and purposes of these regulations
(B) due to the occurrence of circumstances unrelated to the demonstration
that were not anticipated at the time of the approval of the permit and that
were not caused by demonstration attendees, counter-protestors or Town
officials, or (C) due to a determination by the Police Chief, the Clarke County
Director of Fire and EMS or other appropriate public safety official during the
demonstration that there exists an imminent likelihood of violence or other
Special Events and Demonstrations Regulations Page | 23
threat to public safety endangering persons or threatening to cause significant
property damage.
(20) Information Collection. The information collected under these regulations will be
used to provide notification to the Town Police, Town Department of Public Works,
and local fire and rescue officials of the plans of sponsors of events in order to
assist in the provision of security and logistical support.
(21) Community Events. Except as expressly stated, community events shall be
conducted in accordance with all the conditions and limits on events as specified in
section E above. Except as specified below, the sponsor of a community event shall
pay the fees and deposits specified in these regulations and required by the Town
Code. Community events include the following:
a. Clarke County Farmers’ Market
The market is governed by a Board and has its own set of regulations which
have been reviewed by Town Council.
b. Music in the Park
This event is sponsored by Downtown Berryville, Inc.
c. Homecoming Parade
d. Christmas Parade
e. Clarke County Parks & Recreation Summer Concert Series
f. National Night Out
g. Memorial Day Observance
h. Veterans Day Observance
Special Events and Demonstrations Regulations Appendix A
APPENDIX A
Special Events and Demonstrations Fee Schedule
1. Event Permit Application Fee (pay upon application) $25.00 (non-refundable)
2. Street Closure Fee (pay upon application) $100.00 (non-refundable)
3. Gazebo Security Deposit (pay upon application) $50.00
4. Public Space Rent (events to which entry is limited by tickets or admission fees)
0 1,000 attendees $50.00
1,001 1,999 attendees $100.00
2,000 2,999 attendees $150.00
3,000 attendees and up $500.00
$50.00 due with application. Remainder of Public Space Rent to be submitted to the Town
within five (5) calendar days following conclusion of the event, along with documentation of
total ticket sales or attendance count. The Town may monitor attendance to verify attendance
numbers.
5. Electricity Fee $50.00 Advance deposit
Advance deposit covers first four (4) hours of use. Sponsor will be billed $10.00 per hour for
each additional hour of actual usage.
6. No Parking Signs $1.00 per sign Billed
7. Building Permit Fee (Tent) Contact Clarke County Building Department
8. Amusement Ride Inspections Contact Clarke County Building Department
9. Public Works Fee $100.00 Advance deposit
Advance deposit covers first two (2) hours of labor associated with event. Sponsors will be
billed $50.00 per hour for each additional hour of labor that is provided.
Special Events and Demonstrations Regulations Appendix A
10. Public Safety Personnel $50.00 per required Officer, Advance deposit
(Refundable up to 24 hours prior to Event)
- Deposit due with application
- For ticketed events, where tickets are sold in advance an additional $50.00 deposit required
per required officer/technician, as calculated based on tickets sold as of 48 hours prior to
the Event. The additional deposit is due 24 hours in advance of the Event.
- Sponsor will be billed per hour for each officer/technician actually utilized (based on police /
fire / EMS estimates of actual attendance and/or circumstances of the event and based on
the regular hourly rates or salaries for the police/fire/EMS personnel utilized).
- Hourly Rates: The Sponsor will be billed the higher of: (i) $30.00 per hour, or (ii) the
established hourly wage for overtime work, or (iii) the special event flat rate for FLSA
exempt employees, as may apply for each of the particular officer(s)/technician(s) willing
and available to cover the event, for each officer/technician actually utilized, plus an
administrative fee in the amount of ten percent (10%) of the total billed amount.
11. Public Safety Vehicle Fee $25.00 per required vehicle Billed
12. Cleanup Fee
- Closed Event (Admission limited by tickets or fees) $300.00 Advance Deposit
Refundable if Event cancelled in advance
- Other Events $100.00 Advance Deposit
Refundable if Event cancelled in advance
13. Approval
Adopted by action of the Town of Berryville Council on October 8, 2019.
Special Events and Demonstrations Appendix B
APPENDIX B
Special Events Forms
I. Special Event Permit Application
II. Town of Berryville Land Use Permit
III. Rules and Regulations Governing the Use of Rose Hill Park
Special Event Application
Revised 11/2019
1
Special Event Permit Application
Activity type (Please select all that apply):
____
Block Party ____ Demonstration ____ Other
____ Parade ____ Festival (please describe)
____ Film Production ____ Race/Walk __________________________
____ Carnival ____ Fair __________________________
Event Location Requested:
__
__ Rose Hill Park ____ Rixey-Moore Parking Lot ____ Hogan’s Alley
____ Other Public Space
Group Requesting Event
________________________________________
Da
te of Event _________________________________________
Rain Date, if any _________________________________________
Ti
me of Event _________________________________________
Organizer’s contact Information (Representative must be present at the event with approved permit
available for inspection)
Pr
imary Name __________________________________ Cell Phone ______________________
Address_________________________________ Work Phone ____________________
City ____________________________________ State/Zip _______________________
Email __________________________________ Home Phone ____________________
Secondary Name __________________________________ Cell Phone ______________________
Address_________________________________ Work Phone ____________________
City ____________________________________ State/Zip _______________________
Email __________________________________ Home Phone ____________________
FOR OFFICIAL USE ONLY
Organizational Status
___Non-Profit ___Commercial___Independent
Attachment Verification
___Maps ___ Insurance ___ ABC Permit
___Tent Permit ___VDH Permit
___ Road Closure Permits
_______________________
Date Application Received
Special Event Application
Revised 11/2019
2
D
escription of the Event (P
lease attach additional sheet if more space is needed)
Wil
l the activity require the blocking of any surrounding public streets, driveways or entrances?
Yes _____ No _____ If yes, please identify: ______________________________________________
Ev
ent Hours
Set-Up Time____________ Hours of Event _________________________ Clean-Up Time ____________
Ant
icipated Attendance
Participants ________ Spectators ________ Other ______________________________________
Na
me of Insurance Company: ____________________________________________________________
(Certificate of Insurance and additional insured endorsement providing $1 million in general liability
insurance required. May be increased or waived as deemed necessary as determined by the Town
Manager or their designee.) Please note that animals on site require additional insurance.
Will s
ound amplification devices be used? Yes _____ No _____
If Yes, length of time: _______________________________________________________________
Wil
l the event require use of any parking lots for staging areas? Yes _____ No _____
If Yes, please identify: __________________________________________________________________
Wil
l alcohol be served? Yes _____ No _____
If Yes, all state laws and local ordinances must be followed. The organizer must obtain a Virginia ABC
permit (http://www.abc.virginia.gov/
) and is responsible for all required permits.
Will
food be served? Yes _____ No _____
If Yes, the organizer may be required to obtain a permit from the Virginia Department of Health
(540/955-1033) and is responsible for all requisite permits.
Special Event Application
Revised 11/2019
3
Wi
ll any fees be charged in association with the event, admissi
on, etc.?
Yes _____ No _____ If yes, amount to be charged ___________________________________
If Yes and the special event is to occur in Rose Hill Park, please note that a Fundraising Permit is required
upon application for valid and duly-constituted non-profit organizations for the purpose of approved
charitable, educational, cultural, and/or community-oriented projects and activities. Commercial
activity is prohibited.
Will you have security on site? Yes _____ No _____
If Yes, please identify who will be on site ___________________________________________________
Will weapons or firearms be present? Yes _____ No _____
If Yes, please provide detail of activity _____________________________________________________
Will there be a parade? Yes _____ No ______ (If yes, please complete the following section)
VDOT and/or Town of Berryville Land Use Permit and fee are required.
Please identify parade route
Wi
ll there be vehicles in the parade? Yes ____ No ____ Number of vehicles anticipated______
What time will staging occur? _________________________________
Where will staging occur? ________________________________________
Will there be animals in the parade? Yes ____ No _____
If Yes, what type and how many? ___________
Wil
l you need assistance from Fire & Rescue? Yes_____ No _____
If Yes, please contact John H. Enders Fire & Rescue at 540/955-1110 at least ten (10) days prior
to the event.
Special Event Application
Revised 11/2019
4
Wi
ll you be using any of the f
ollowing? (Mark all that apply)
____ Tents ____ Tables _____ Portable Toilets
____ Live Radio ____ Signs _____ Electricity
____ Banners ____ Animals
Please note: Architectural Review Board review and approval and Zoning Permits may be required for
certain banners, signs and temporary structures. Permits from the Clarke County Building Department
may be required for temporary structures and tents.
___________________________________________________________________________________
Please supply a sketch of how the requested venue will be organized for the event below, or attach a
map with this application.
Special Event Application
Revised 11/2019
5
Hold Harmless Agreement
___________________________ (Legal name of business/organizer, exactly as it appear on Insurance
Endorsement), shall defend and hold harmless, the Town, its officers, employees, agents, and
representatives thereof, harmless from all suits, actions, claims of any kind, including attorney’s fees,
brought on account of any personal injuries, damages, or violation of rights sustained by any person or
property in consequence of any neglect on behalf of ____________________________ (Legal name of
business/organizer) while their personal property is situated on Town Property.
__________
__________________ (Legal name of business/organizer) shall further hold the Town
harmless for any claims or amounts arising from violation of any law, bylaw, ordinance, regulation or
decree.
Lega
l Name of Business/Organizer _______________________________________________
(As it appears above)
By (signature): _______________________________________________________________
Nam
e (printed): ______________________________________________________________
Title: ____
_________________________________________________________________
Add
ress: _______________________________________________________________
__________
_____________________________________________________
Date: _______________________________________________________________
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
For Office Use Only
Permit
Approved_______ Denied _______
By: _____________________________________
Date: __________________
Permit #________________
Special Event Application
Revised 11/2019
6
Special Event Permit # __________
Permission is hereby to __________________________________
(Name of Organization/ Organizer)
for the use of the facilities identified in the attached application on _____________________
(Date)
from _______________ to ______________________.
(Time)
This permit is issued with the understanding that ___________________________________
(Name of Organizer)
shall accept responsibility for adherence to the Town of Berryville Special Events and
Demonstrations Regulations, Ordinances of the Town of Berryville (Chapter 20- Parades and
Demonstrations), and Ordinances of the Town of Berryville (§ 13-36 Regulation of Use and
Conduct in Rose Hill Park) as well as to any special conditions which may be attached hereto.
Date ________________ Signed ______________________________________________
Town Manager
Process For Appeals of Permit Denial
An applicant that wishes to appeal the denial of a permit must submit a written request to the attention
of the Town Manager including a stateme
nt of the basis for the objection of the denial. The appeal will be
reviewed by the Town Manager with a decision rendered and notice provided to the applicant at least
three business days prior to the requested event date.
Applications that are denied after appeal to the Town Manager may be further appealed to the Berryville
Town Council. This appeal must be submitted in writing within five business after receiving notice of
appeal denial from the Town Manager.
granted
Special Event Application
Revised 11/2019
7
Special Fundraising Permit
Permission is further granted to the above-named Organization for a fundraising event
pursuant to the approved application for same dated _____________________________.
Date _________________ Signed ____________________________________________
Town Manager
Applied
$25.00 $25.00
$100.00 $100.00
$50.00 $50.00
$50.00
$50.00 $100.00
$100.00 $50.00
$150.00 $100.00
$500.00
$50.00
$100.00
$50.00
$300.00
This worksheet only applies to fees required to be submitted to the Town of Berryville in advance of the proposed event for which you are
submitting an application. There may be additional fees necessary to obtain required permits from other government entities based on the
nature of the proposed event. Additional fees may also be billed by the Town upon conclusion of the event. A list of these fees can be found
Street Closure Fee
Gazebo Use Deposit
Gazebo Use Deposit
Street Closure Fee
Electricity Deposit
Public Space Rent
0 - 1,000 Attendees
Total Due
Special Events Deposit Worksheet
Application Fee
Fee Description
Cost
Application Fee
Events Charging Admission Fee
Events Free to Public
Fee Description
Cost
Applied
in appendix A of the Town of Berryville Special Events and Demonstrations Regulations.
Public Works Deposit
Public Safety Deposit
Cleanup Deposit
Electricity Deposit
Public Works Deposit
Public Safety Deposit
Cleanup Deposit
Total Due
1,001 - 1,999 Attendees
2,000 - 2,999 Attendees
3,000 Attendees or Greater
0
0
Rev. 05/2019 Land Use Permit Application
LAND USE PERMIT
LUP-A Land Use Permit Application
APPLICATION is hereby made for permit as shown on the accompanying plan or sketch and as described below. Said activity(s) will be done under and in accordance with
the rules and regulations of the Council of the Town of Berryville, in so far as said rules are applicable thereto and any agreement between the parties herein before referred
to. Where applicable agreements may be attached and made a part of the permit assembly including any cost responsibilities covering work under permit. Applicant agrees to
maintain work in a manner as approved upon its completion. Applicant also hereby agrees and is bound and held responsible to the owner for any and all damages to any
other installations already in place as a result of work covered by resulting permit. Applicants to whom permits are issued shall at all times indemnify and save harmless the
Town of Berryville Council members, the Town and all Town employees, agents, and offices, from responsibility, damage, or liability arising from the exercise of the privileges
granted in such permit to the extent allowed by law. In consideration of the issuance of a permit the applicant agrees to waive for itself, successors in interest or assigns any
entitlements it may otherwise have or have hereafter under the Uniform Relocation and Assistant Act of 1972 as amended in event the Town or its successor, chooses to
exercise its acknowledged right to demand or cause the removal of any or all fixtures, personality of whatever kind or description that may hereafter be located, should this
application be approved.
Type or print clearly
A
pplicant Driver’s license or Tax ID No. _________________________ Contact Name ____________________________________________
Owner Name ________________________________________________ E-mail Address __________________________________________
Address ____________________________________________________ Telephone Number ( ______ ) _______ - ____________
City ________________________State ______Zip Code_____________ Emergency Telephone Number ( ______ ) _______ - ________
Fax Number ( ______ ) _______ - __________
Agent Driver’s license or Tax ID No. ____________________________ Contact Name ___________________________________________
Agent Name ________________________________________________ E-mail Address __________________________________________
Address ____________________________________________________ Telephone Number ( ______ ) _______ - ____________
City ________________________State ______Zip Code_____________ Emergency Telephone Number ( ______ ) _______ - _______
Fax Number ( _____ ) _______-__________
P
ermit Term Requested ________ Fees Enclosed $____________ Check Number ____________
Money Order __________ Other __________ Estimated cost of work to be performed on Town of Berryville Right of Way $____________
Surety Information: Surety Posted by: Owner [ ] Agent [ ]
Surety Refund to: Owner [ ] Agent [ ]
Surety Waived [ ]
Amount of Surety $ ____________________ Obligation Amount $_________________ Check # ________________
Surety Company Name ____________________________________________ Bond #__________________________
[ ] LUP-CS CASH SURETY AFFIDAVIT PROVIDED FOR CASH SURETY
Applicant has provided proof of the following requirements in accordance as defined in §2.2-1151.1 of the Code of Virginia
(1) The utility company has registered as an operator with the appropriate notification center.
(2) Attached is a notarized affidavit, stating that the utility owner has notified the commercial and residential developer, owner of commercial or multifamily real estate,
or local government entities with a property interest in any parcel of land located adjacent to the property over which the land use is being requested, that
application for the permit has been made.
Request permission to perform the following activity(s): ________________________________________________________________________
_________________________________________________________________________________________________________________________
_______________________________________________________________________________________________________as per attached plans.
Location: [ ] Town of __________________________ Route No. ________ Street Name ________________________________________________
Latitude _________________ Longitude__________________ Tax Map Number _______________________ Applicant Job No.__________________
Between Route No. _________ Street Name _________________________ and Route No._________ Street Name ___________________________
[
] IF APPLICABLE, I AGREE TO PAY THE FULL SALARY AND EXPENSES OF A TOWN ASSIGNED INSPECTOR IN CONJUNCTION WITH
ACTIVITIES AUTHORIZED UNDER THE AUSPICES OF A TOWN OF BERRYVILLE LAND USE PERMIT
S
ignature of Applicant: ________________________________________________ Title __________________________ Date ___________________
Signature of Agent: _________________________________________________ Title __________________________ Date __________________
All applicable items on this form must be completed to avoid delay in processing the issuance of a Town of Berryville Land Use Permit.
Prepayment required with remittance payable to Town of Berryville.
TOWN OF BERRYVILLE USE ONLY
R
eceipt is hereby acknowledged for: CHECK No. ____________ MONEY ORDER No. _________________
In the Amount of $ _________________________ for PERMIT FEE $ _______________________ CASH SURETY $ _______________________
Authorized Town Signature: ____________________________________________________ Date: _______________________________
Page 1 of 4
PLEASE READ CAREFULLY
RULES AND REGULATIONS GOVERNING THE USE OF ROSE HILL PARK
NOTICE: THE TOWN OF BERRYVILLE IS NOT RESPONSIBLE FOR ACCIDENTS, INJURY,
OR LOSS OR DAMAGE TO PERSONAL PROPERTY.
1. All applications for permission to use Rose Hill Park facilities for a special event shall follow
procedures outlined in the Regulations for Special Events and Demonstrations.
2. It shall be a condition of all special event permits issued for use of the park and its facilities that
no person, whether or not a member of the sponsoring group or a participant in the special event, can
be denied access or free passage to, from, or within all or any portion of Rose Hill Park or any facilities
therein. Rose Hill Park shall at all times remain a public park with right of free passage to all members of
the public.
3. No individual, group or organization will be permitted to use the park for profit or gain in the
absence of a special fund-raising permit obtained from the Town pursuant to paragraph four (4) herein.
All regular park permits shall be conditioned on an understanding that the special event is not a benefit
affair, that no admission is to be charged, and that no tickets will be sold. There will be no gambling or
games of chance except as may be permitted by a special fund-raising permit issued pursuant to
paragraph four (4) herein.
4. The Town may issue a special fund-raising permit upon application, on forms provided by the
Town, by valid and duly-constituted non-profit organizations for the purpose of approved charitable,
educational, cultural, religious and/or community-oriented projects and activities. All other rules and
regulations governing the use of Rose Hill Park, as set forth herein, shall apply to such fund-raising
events approved by special permit.
5. No alcoholic beverages or illegal controlled substances are allowed on the premises at any time.
6. Users of the Rose Hill Park gazebo may not deface the structure in any way. No driving of nails,
thumb tacks, or fastening to light fixtures will be permitted. Plans for any decorating must be submitted
for approval with special event permit applications.
7. The Town of Berryville furnishes only such lighting and electrical service which is in place. Any
additional services and equipment needed for a special event must be furnished by the user. When
special or additional lighting or other electrical equipment is required, approval of electrical connections
by the Town of Berryville Director of Public Works must be obtained at forty-eight (48) hours prior to
any such lighting or equipment being placed in use.
8. All groups using the Rose Hill Park facilities will be responsible for setting up any equipment,
such as chairs and tables, to their own liking. The Town of Berryville cannot provide personnel
assistance for any loading, unloading, or setting up of such equipment.
Page 2 of 4
9. All groups using the Rose Hill facilities shall clean up, dismantle and remove any equipment, and
in general, leave the premises in the same condition as they found them upon conclusion of the special
event. All garbage and trash must be put in heavy-duty plastic trash bags, to be supplied by the
sponsoring group, and place in the Park’s trash containers.
10. Any and all damage to the grounds, buildings and equipment must be corrected by the
sponsoring group to the satisfaction of designated officials of the Town of Berryville. Correction may
include replacement if deemed warranted by such Town Officials.
11. All activities and required clean-up shall be concluded no later than 12:00 Midnight of the day of
the scheduled event.
12. Users of the Park and its facilities must take adequate provision to guard against public
disturbances or other unsafe practices.
14. No event is official until it is entered on the schedule and a special event permit is issued by the
Town of Berryville.
15. All groups using the Park and its facilities must abide by these rules and regulations, sections 13-
35 and 13-36 of the Berryville Town Code, and any special conditions which might be attached to
individual permits. In the event unusual and special considerations associated with a particular event
would render complete satisfaction of these provisions a hardship, prior approval of any variance or
deviation must be obtained from designated Town Officials. The Town reserves the right to require a
damage deposit, in such amount as the Town deems appropriate, as a special condition to individual
permits.
16. For cause, permits are subject to cancellation or revocation by the Town of Berryville.
Page 3 of 4
Sec. 13-35. - Regulation of use and conduct on town basketball court.
It shall be unlawful for any person or persons to violate the following regulations, which shall be
posted, pertaining to the use and the behavioral conduct of any such person or persons upon the town
basketball courts:
(a) No bicycles, skateboards or skating permitted on the court.
(b) No trespassing between the hours of 6:00 p.m. to 7:00 a.m. from September 1 to June 1, or
between the hours 9:00 p.m. to 7:00 a.m. from June 1 to September 1, except by special
permission from the town.
(c) No alcoholic beverages or glass containers.
(d) No loud and abusive or obscene language.
(e) No hanging on basketball rims.
(f) No bare feet.
(g) Except by special, advance permission for organized, group-sponsored activities,
(1) Use shall be limited to half-court if other groups or individuals are waiting to play.
(2) No individuals or group shall monopolize the court for a period of more than one (1) hour if
other groups or individuals are waiting to play.
(h) The Town of Berryville is not responsible for injuries.
(i) The police department is authorized to eject and revoke future use of the court by any person
violating these rules or in any other manner behaving in a disorderly fashion.
Any person violating any provision of this section shall be guilty of a Class 4 misdemeanor.
(Ord. of 10-13-87; Ord. of 6-13-95; Ord. of 12-9-14(1))
Cross referencePenalty for a Class 4 misdemeanor, § 1-11.
State Law referenceSimilar provisions, Code of Virginia, §§ 15.2-1800, 15.2-1806.
Sec. 13-36. - Regulation of use and conduct in Rose Hill Park.
It shall be unlawful for any person or persons to violate the following regulations which shall be
posted pertaining to the use and the behavioral conduct of any such person or persons in Rose Hill Park.
(a) No trespassing from dusk until dawn. Hours may be extended by the town council or town
manager as the need arises.
(b) No alcoholic beverages or glass containers.
(c) No bare feet.
(d) Playground equipment is intended for use only by children twelve (12) years old or younger.
(e) Do not use equipment when it is wet.
(f) No, pushing, shoving or other dangerous play.
(g) Do not use equipment improperly.
(h) No camping.
(i) No building of fires except in park grills designed for food preparation, or for the purposes of
special ceremonies with permission from the town manager.
(j) No relic hunting or use of metal detectors or similar devices.
(k) No littering.
(l) Waste from domestic animals must be immediately collected and disposed of properly.
(m) No skateboarding.
(n) No hunting or discharge of firearms, fireworks, explosives, box and arrows, slingshots, or
similar weapons and devices. This section does not preclude the firing of military salutes as a
part of an event authorized by the town.
(o) No vehicles are permitted in the park unless authorized by the town manager or designee.
Driving over or parking on walkways or picnic table pads is prohibited.
(p) The Town of Berryville is not responsible for injuries. This area to be used with adult
supervision only.
Any person violating any provision of this section shall be guilty of a Class 4 misdemeanor.
(Ord. of 10-13-87; Ord. of 12-9-14(1))
Cross referencePenalty for Class 4 misdemeanor, § 1-11.
State Law referenceSimilar provisions, Code of Virginia, §§ 15.2-1800, 15.2-1806.
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