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Regulations For Special Events And Demonstrations (Town of Berryville - Virginia)

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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.

Special Events and Demonstrations Regulations Page | 2

“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.

Special Events and Demonstrations Regulations Page | 3

“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.

Special Events and Demonstrations Regulations Page | 4

(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

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

Special Events and Demonstrations Regulations Page | 5

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.

Special Events and Demonstrations Regulations Page | 6

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.

Special Events and Demonstrations Regulations Page | 7

(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.

Special Events and Demonstrations Regulations Page | 8

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.

Special Events and Demonstrations Regulations Page | 9

(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.

Special Events and Demonstrations Regulations Page | 10

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.

Special Events and Demonstrations Regulations Page | 11

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.

Special Events and Demonstrations Regulations Page | 12

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.

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

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

________________________________________

te of Event _________________________________________

Rain Date, if any _________________________________________

me of Event _________________________________________

Organizer’s contact Information (Representative must be present at the event with approved permit

available for inspection)

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

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: ______________________________________________

ent Hours

Set-Up Time____________ Hours of Event _________________________ Clean-Up Time ____________

Ant

icipated Attendance

Participants ________ Spectators ________ Other ______________________________________

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

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

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

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

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

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

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

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

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

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 ( _____ ) _______-__________

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

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

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.

(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 reference— Penalty for a Class 4 misdemeanor, § 1-11.

State Law reference— Similar 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.

(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 reference— Penalty for Class 4 misdemeanor, § 1-11.

State Law reference— Similar provisions, Code of Virginia, §§ 15.2-1800, 15.2-1806.

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