ARTICLE I. - AMUSEMENTS AND OUTDOOR RECREATIONAL, ENTERTAINMENT, CULTURAL EVENTS AND FESTIVALS
Part of the Code of Ordinances of Hopkinton, RI.
The text
Sec. 3-1. - Definitions.#
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Outdoor entertainment or outdoor recreational site means any lot, tract, or parcel of land which is used to provide an outdoor recreational, entertainment, cultural event or festival and includes amusement parks and vehicle tracks.
Multi-event license means a license issued under the provisions of this chapter to an applicant other than an amusement park or vehicle track, for two (2) or more events planned during a single calendar year beginning January 1 and ending December 31.
(Ch. 40, § 11, 8-2-76; Ch. 115, 10-5-92; Ch. 240, 2-2-15)
Sec. 3-2. - License required.#
No person shall operate any outdoor recreational site without first obtaining a license unless otherwise provided herein.
(Ch. 40, § 1, 8-2-76; Ch. 115, 10-5-92; Ch. 240, 2-2-15)
Sec. 3-3. - Application for license.#
Application for the initial issuance of a license required by the provisions of this chapter shall be made in writing to the town council and shall be accompanied by the following: (1)
A legal description of the proposed location of such outdoor entertainment site, and a plat of such proposed location prepared by a licensed engineer or surveyor showing the names of all adjoining property owners and the names of all property owners within two hundred (200) feet of the proposed location.
(2)
The names and addresses of the owners of the proposed location and, if a corporation, the names and addresses of all of its officers and directors.
(3)
The names and addresses of the promoters/sponsors of an outdoor recreational site and if a corporation, the names and addresses of all its officers and directors.
(4)
A statement of the types of amusements or vehicles to be used at the proposed location or the type of recreational, entertainment, cultural event or festival that will be offered.
(5)
A statement of the dates and hours when permission is sought to operate such outdoor recreational site.
(6)
A filing fee of one hundred dollars ($100.00) to cover the costs of advertising, sending notice, and administering such application. Non-profits and other groups the Hopkinton Recreation Department sponsors, co-sponsors or conducts shall be exempt from section 3-3(6).
(7)
For all multi-event licenses, the applicant must separately list with specificity the details for each proposed event, including but not limited to the following:
a.
The date or dates;
b.
The activities to occur at the event including whether live or any other type of entertainment will take place and/or if any sound projection/amplification equipment will be used;
c.
Any other planned activities involving unusual or loud noises including but not limited to fireworks displays;
d.
Activities involving the use of flames or flammable materials;
e.
The proposed hours for each event.
(Ch. 40, § 2, 8-2-76; Ch. 115, 10-5-92; Ch. 240, 2-2-15; Ord. No. 241, 7-20-15)
Sec. 3-4. - Time frame for filing license application.#
An application for the initial issuance of a license under the provisions of this chapter should be filed at least three (3) weeks prior to the regularly scheduled town council meeting at which hearing on such application is sought.
(Ch. 40, § 3, 8-2-76; Ch. 240, 2-2-15)
Sec. 3-5. - Notice of license application.#
Upon the receipt of an application for a license required by the provisions of this chapter the town clerk shall send, by regular mail, notice of such application and the dates, time and place for hearing thereon to each of the property owners set forth in section 3-3(1). Such notice shall be sent at least one (1) week before the council meeting at which the application is to be considered. In addition, the town clerk shall advertise notice of such application and the time, place and date of hearing on the Chariho page of the Westerly Sun newspaper or other equivalent publication at least one (1) time no later than one (1) week before the date set for said hearing.
(Ch. 40, § 4, 8-2-76; Ch. 115, 10-5-92; Ch. 240, 2-2-15)
Sec. 3-6. - Issuance of license, conditions.#
After hearing upon an application for initial issuance of a license required by the provisions of this chapter the town council may either grant, refuse to grant or grant with certain conditions the application for such license. The conditions which the town council may impose on the granting of a license are as follows: (1)
That the applicant secure a public liability insurance in lieu of such other liability insurance as is deemed necessary and a performance bond as set by the council under the circumstances in an amount which is deemed reasonable by the town council.
(2)
That the applicant provide adequate parking facilities.
(3)
That the applicant provide adequate sanitary facilities for the patrons of such outdoor entertainment site.
(4)
That the applicant operate the outdoor recreational site only within times and dates as set forth in the application or as otherwise determined by the town council.
(5)
That the applicant provide such first-aid facilities and safety measures as shall be deemed necessary by the town council.
(6)
That the applicant provide an appropriate police presence as determined by the town council upon consultation with the chief of police.
(7)
That the applicant provide for the regulation of noise so that adjoining and nearby landowners and inhabitants will not be unduly disturbed in the use and enjoyment of their property and in the case of vehicles powered by internal combustion engines that each such vehicle be equipped with a muffler.
(8)
That the applicant provide adequate lighting where night operation is sought.
(9)
That the applicant use the outdoor entertainment site only for certain amusements, vehicles or entertainments as specified by the town council.
(10)
Such other conditions as the town council deems necessary for the protection of the patrons of such outdoor entertainment; and/or the health, safety, welfare and protection of the public, adjoining and nearby landowners and nearby inhabitants.
(Ch. 40, § 5, 8-2-76; Ch. 115, 10-5-92; Ch. 240, 2-2-15)
Sec. 3-7. - License fee, expiration, renewal.#
(a)
The license fee for an outdoor recreational, entertainment cultural event or festival shall be one hundred dollars ($100.00) for a single event and two hundred dollars ($200.00) for a multi-event license which fee shall be paid upon issuance of the license and which license shall expire upon the closing of the outdoor recreational, entertainment, cultural event or festival or, in the case of a multi-event license, upon the closing of the final permitted event within the calendar year.
(b)
The license fee for an amusement park or vehicle track or similar business shall be three hundred dollars ($300.00) annually.
(Ch. 40, § 6, 8-2-76; Ch. 115, 10-5-92; Ch. 240, 2-2-15)
Sec. 3-8. - Revocation, suspension of license.#
After hearing, the town council may revoke or suspend the license of any outdoor recreational site upon determination of the following: (1)
That the licensed event does not conform to the specifications as set forth in the application for a license.
(2)
That the applicant and/or operator of the event has violated the terms and conditions of its license or this chapter or any other applicable ordinance, statue or law.
(3)
That the operator of such entertainment site has sold or has permitted to be sold any liquor, wine, beer or narcotic on the premises.
(4)
That the operator of such entertainment site has permitted solicitation of prostitutes, or gambling on the premises
(5)
That the licensed event does not conform to the health regulations for such entertainment sites established by the state.
(6)
That the licensed event or the entertainment site is operated in such a way as to constitute a nuisance or that the operator of such site has maintained or permitted a nuisance on the premises.
(7)
That a licensed event does not conform to the description of the event as stated in the application.
(8)
That the applicant was dishonest or made misrepresentation in its application or in statements made to the town to obtain the license.
(Ch. 40, § 7, 8-2-76; Ch. 115, 10-5-92; Ch. 240, 2-2-15)
Sec. 3-9. - Revocation, suspension of license.#
After hearing, the town council may revoke or suspend the license of any amusement park, vehicle track, or outdoor entertainment site upon determination of the following: (1)
That the park or entertainment site does not conform to the specifications as set forth in its application for a license.
(2)
That the park or entertainment site has violated the terms and conditions of its license or this chapter or any other applicable ordinance, statue or law.
(3)
That the operator of such park or entertainment site has sold or has permitted to be sold any liquor, wine, beer or narcotic on the premises.
(4)
That the operator of such park or entertainment site has permitted solicitation of prostitutes, or gambling on the premises.
(5)
That the park or entertainment site does not conform to the health regulations for such parks or entertainment sites established by the state.
(6)
That such park or entertainment site is operated in such a way as to constitute a nuisance or that the operator of such park or site has maintained or permitted a nuisance on the premises.
(7)
That a licensed park or entertainment site does not conform to the description of the activities as stated in the application.
(8)
That the applicant was dishonest or made misrepresentation in its application or in statements made to the town to obtain the license.
(Ch. 40, § 8, 8-2-76; Ch. 240, 2-2-15)
Sec. 3-10. - License not defense to legal procedures.#
The issuance of a license for the operation of an outdoor recreational site shall in no way be construed as an abridgement of the right of any person to prosecute legal action against the promoters/sponsors of an outdoor recreational site on the grounds that such outdoor entertainment constitutes a nuisance. It is not the intention of this chapter that the granting of such license shall in any way affect the question of whether such outdoor entertainment constitutes a nuisance as to any individual.
(Ch. 40, § 13, 8-2-76; Ch. 115, 10-5-92; Ch. 240, 2-2-15)
Sec. 3-11. - Waiver of requirements.#
(a)
The town council may waive any or all of the requirements of this chapter including but not limited to the requirements for publication of notice and hearing where the applicant is a nonprofit, charitable, or religious institution or organization, and/or the proposed event is of no more than two-day duration.
(b)
When a single event or multi event is sponsored, co-sponsored or conducted by the recreation department and the event or events are being held at recreational facilities owned and operated by the Town of Hopkinton, publicized notice and notice to abutting property owners is not required. License fees and application fees are waived. An approved field request form from the recreation department and proof of liability insurance with the Town of Hopkinton named as additional insured is to accompany the single event or multi-event application.
(Ch. 40, § 13, 8-2-76; Ch. 115, 10-5-92; Ch. 240, 2-2-15; Ch. 241, 7-20-15)
Sec. 3-12. - Penalty for violation.#
Any person violating any of the provisions of this chapter shall be fined not more than one hundred dollars ($100.00) per day and each day's violation shall be considered a separate offense.
(Ch. 40, § 9, 8-2-76; Ch. 240, 2-2-15)