HomeMy WebLinkAbout038-20 (OrdAmendment(RepealChap86Festivals)) ORDINANCE
October 14, 2020
The Board of Supervisors of Frederick County, Virginia hereby ordains that
Chapter 86 (Festivals) of the Code of Frederick County, Virginia be, and the same
hereby is, repealed in its entirety, effective January 1, 2021.
Enacted this 14th day of October, 2020.
Charles S. DeHaven, Jr., Chairman Yes Shawn L. Graber Yes
J. Douglas McCarthy Yes Robert W. Wells Yes
Blaine P. Dunn Absent Gene E. Fisher Yes
Judith McCann-Slaughter Yes
Kris . Tie
Clerk, Board of Supervis brs
County of Frederick, Virginia
Res. # 038-20
CODE&ORDINANCE COMMI'T'TEE REPORT to the BOARD OF SUPERVISORS
Monday,September 14,2020
4:00 p.m.
107 NORTH DENT STREET,WINCHESTER,VIRGINIA.
ATTENDEES:
Committee Members Present: J.Douglas McCarthy,Chau;Blaine P.Dunn;
Stephen Butler,and James Drown
Committee Members Absent: Derek Aston
Staff Present:Roderick B.Williams,County Attorney;Jay E.Tibbs,Deputy County
Administrator
ITEMS FOR BOARD OF SI PERVISORS ACTION:
1. Proposed Revision to Frederick County Code,Chapter 158(Vehicles and
Traffic),to add new Section 155-18.1,to designate the roads and streets
within the Lake Frederick(Shenandoah) Subdivision as highways for law
enforcement purposes.
Mr.Williams reviewed the proposed tevision,which came as a request from the Lake
Frederick Homeowners Association. The proposed ordinance would designate the private
roads and streets in the Lake Frederick(Shenandoah)Subdivision as highways for law
enforcement purposes,consistent with the authorization under Virginia Code§46.2-1307.
The language is similar to that currently in the county code relative to Shawneeland,Wilde
Acres,and Lake Holiday subdivisions. The proposed ordinance was considered by the
Public Safety Committee and the Committee referred it to the Code&Ordinance
Committee with a recommendation of approval.
Upon a motion by Mr.Dunn,seconded by Mr.Butler,the Code and Ordinance
Conunittee forwarded the proposed ordinance amendment to the Board of Supervisors for
public hearing with a recommendation of approval. The motion was unanimously
approved.
2. Proposed revision to Frederick County Code,Chapter 86(Festivals).
Mr.Williams reviewed the proposed revision to Chapter 86 Festivals. He noted staff had
worked over the past several months in an effort to have the ordinance best meet the
objective of effectively regulating large outdoor gatherings and,at the same time,best relate
to corresponding provisions of the Zoning Ordinance_ He noted the key changes which
included a revised definition,permit would accommodate one-time events,and the revision
would shift administration of the ordinance from County Administration to the Planning
Department.
The Committee discussed the revised definition and what types of events/organizations
might need a permit under the revised ordinance. They also discussed the current Zoning
Ordinance and what protections currently exist that might address many of the issues that
could arise if the existing festival permit ordinance were to be repealed.
Upon a motion by Mr.Drown,seconded by Mr.Bullet,the Code and Ordinance
Committee forwarded to the Board of Supervisors for public hearing a recommendation of
repeal of Chapter 86(Festivals). The motion was unanimously approved
ITEMS FOR BOARD OF SUPERVISORS INFORMATION•
Mr.Dunn asked for the committee's consideration of a"bubble"ordinance to protect
police and political candidates from individuals getting extremely close to their person or
face and shouting obscenities. The Committee felt this was more of a state law issue and
they were not sure the County could pass its own ordinance.
There being no fiuther business,the meeting was adjourned at 4:50 p.m.
COUNTY OF FREDERICK
Roderick B.Williams
County Attorney
540/722-8383
Fax 5401667-0370
E-mail rwillia@fcva.us
MEMORANDUM
TO: Code& Ordinance Committee
FROM: Roderick B. Williams, County Attorney
DATE: September 8,2020
RE: Committee Meeting— September 14, 2020
Please be advised that the Code& Ordinance Committee will meet on Monday,
September 14,2020, at 4:00 p.m.,in the First Floor Conference Room of the County
Administration Building, 107 North Kent Street,Winchester, Virginia. The proposed
agenda for the meeting is as follows:
1. Adoption of agenda.
2. Proposed revision to County Code Chapter 158 (Vehicles and Traffic), to add a new
Section 155-18.1, to designate the roads and streets within the Lake Frederick
(Shenandoah) Subdivision as highways for law enforcement purposes.
Explanatory materials re this item and a draft of the revision, addressed to Public
Safety Committee, are attached as Attachment 1, The Public Safety Committee,
at its meeting on August 20, 2020, recommended forwarding the item to this
Committee. A recommendation to the Board of Supervisors on the proposed
revised ordinance is respectfully requested.
3. Proposed revision to County Code Chapter 86 (Festivals).
Explanatory materials re this item and a draft of the revision are attached as
Attachment 2. A recommendation to the Board of Supervisors on the proposed
revised ordinance is respectfully requested.
4. Any other business.
5. Adjournment.
Attachments
107 North Kent Street • Winchester, Virginia 22601
91111-1i cb
CODE & ORDINANCE CMTE. RECOMMENDED REPEAL OF ORDINANCE, O.
BOARD OF SUPERVISORS, ON 912312020, FORWARDED REPEAL FOR PUBLIC HEARING.
ITEM IS ON AGENDA FOR PUBLIC HEARING AND CONSIDERATION OF REPEAL.
' Roderick B. Williams
County Attorney
5401722-8383
Fax 540/667-0370
E-mail rwillia@fcva.us
MEMORANDUM
TO: Code& Ordinance Committee
FROM: Roderick B. Williams, County Attorney
DATE: August 18,2020
RE: County Code, Chapter 86—Festivals/Commercial Outdoor Events
County Administration, Planning staff, and 1 have worked aver the past several months
on revisions to the County's current festival ordinance, Chapter 86 of the County Code, in an
effort to have the ordinance best meet the objective of effectively regulating large outdoor
gatherings and, at the same time, best relate to corresponding provisions of the Zoning
Ordinance. Attached is a proposed revised ordinance that we have developed, for the
Committee's consideration.
A key change in the proposed revised ordinance is a change in the definition of the type
of events that the ordinance would cover_ At present, the ordinance applies to any"musical or
entertainment festival or festival":
Any gathering of more than 100 individuals or of a commercial nature, if either is for the
purpose of listening to or participating in entertainment which consists primarily of
musical renditions conducted outdoors,not within an enclosed:'structure. Such activities
shall be deemed commercial when a business license is obtained or is required to be
obtained, or, if a business licenseis not required,when a charge is imposed for admission
to or in connection with the activity.
As proposed,the ordinance_would apply to any"commercial outdoor event":
An activity,at a specific outdoor location,which is open to the public,where admission
is charged or where donations are accepted, and which event will:have more than 100
persons in attendance at any given time.
107 North Kent Street • Winchester, Virginia 22601
The new definition attempts to simplify ascertainment of what constitutes a covered event.
Along these lines, the proposal revised ordinance changes the term, and the title of the Chapter,
from "Festivals"to the more generic "Commercial Outdoor Events". The new definition also
removes the requirement that the event be "entertainment"and that the same "consists primarily
of musical renditions". Many of the health and safety concerns related to gatherings are present
irrespective of whether the music is a primary focus of the event. In addition, the definition
moves away from reliance on business license references and instead simply covers events if
admission is charged or donations are accepted.
The proposed revised ordinance also makes clear that the intent of permits under the
ordinance is to accommodate one-time events. Recurring events likely require a conditional use
permit under the zoning ordinance(or perhaps even a rezoning) and the proposed revised
ordinance recognizes that.
Finally, the proposed revised ordinance would shift administration of the ordinance from
the County Administrator's Office to the Planning Department. This is in light of the fact that
much of the analysis related to the appropriateness of a permit under the ordinance entails the
same considerations as are relevant to land use matters (such as rezonings and conditional use
permits). The Planning Department, of course, is best equipped to provide that analysis.
Also attached for reference are a proposed permit application form and a copy of the
current ordinance. A recommendation to the Board of Supervisors on the proposed revised
ordinance is respectfully requested.
Attachments:
Proposed revised ordinance
Proposed permit application form
Current ordinance
ORDINANCE
2020
The Board of Supervisors of Frederick County, Virginia hereby ordains that
Chapter 86 (Festivals) of the Code of Frederick County, Virginia be, and the same
hereby is, amended in its entirety, to read as follows and to take effect immediately:
CHAPTER 86 COMMERCIAL OUTDOOR EVENTS
§ 86-1 Purpose.
This chapter is enacted pursuant to § 15.2-1200 of the Code of Virginia, in the
interests of the public health, safety and welfare of the citizens and inhabitants of-'the
County, for the purpose of providing necessary regulation for the conducting of
commercial outdoor events, as defined in this Chapter. This chapter is intended to
accommodate one-time events and shalt not replace the requirements of Chapter
165,.Zoning, regarding uses that are permitted with a conditional use permit.
§ 86-2.Definitions.
For the purposes of this chapter, the following words and phrases shall have the
meanings respectively ascribed to them by this section;
BOARD—The Board of Supervisors of the County of Frederick, Virginia_
COUNTY—The County of Frederick, in the State of Virginia.
COMMERCIAL OUTDOOR EVENT—An activity, at:a specific outdoor location,
which is open to the public, where admission is charged or where donations are.
accepted, and which event will have more than 100 persons in attendance at:any
given time.
§ 86-3 Permit required; exemptions; application; issuance or denial; fee.
A. No person, group, firm, corporation, partnership, or entity shall host stage,
promote or conduct any commercial outdoor event in the unincorporated areas of
the County without first obtaining a permit.ftom the County.. For the purposes of
this chapter, the following are not considered commercial outdoor events and are
exempt from the permit requirements.
1. Activities or events held outdoors that are agritourism related as defined by
the Code of Virginia.
2. Activities or events held at the Frederick County Fairground,
3. Activities or events that are held and/or sponsored by Frederick County Parks
and Recreation or Frederick County Public Schools,
4. Drive-in motion picture theaters, if permitted on the property according to the
allowed uses for the particular zoning district or as an allowed preexisting use
under Section 165-901.01 of the Zoning Ordinance.
B. The submittal, review, approval and/or denial of any permit shall be subject to the
following:
1. Permits for commercial outdoor events are subject to approval by the Board
of Supervisors, pursuant to § 15.2-1427 of the Code of Virginia, 1950, as
amended.
2. An application for such permit shall be filed with the Department of Planning
and Development at least 30 days before the date of such event. Such
application shall include all information specified in the application before it
will be scheduled for consideration.
3. In granting a permit, the Board of Supervisors may impose restrictions,
including but not limited to restrictions on number of attendees at the
festival/event, days and dates of the event, and times of event, as deemed
appropriate.
4. If granted, the permit shall be issued in writing and mailed by the Department
of Planning and Development to the applicant at the address indicated in the
application. If denied, the refusal shall be in writing, and the reasons for such
denial stated therein, and mailed by the Department of Planning and
Development to the applicant at the address indicated.
§ 86-4 Limit on music and entertainment.
A. No outdoor music shall be permitted after 10:00 pm Sunday through Thursday,
after 11:00 pm Friday and Saturday, nor before 9:00 am on any day.
B. Music shall not be played, either by mechanical device or live performance, in
such a manner that the sound emanating therefrom exceeds 60 decibels at any
property line where the adjacent use is residential or 75 decibels at any other
property line of the property on which the commercial outdoor event is located.
§ 86-5 Access, enforcement, and revocation.
A. The applicant and/or property owner shall authorize the County and its lawful
agents, employees, designees or law enforcement officers to enter the property
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upon which the event will be held at any time prior to or during event for the
purpose of determining compliance with all applicable regulations.
B. The Building Official, and/or his agents, shall inspect for approval all temporary
structures, tents, seating and stage facilities erected on an event site and all
electrical and lighting installations, power sources, and electrical wiring at such
site.
C. The County shall have the right to revoke any permit issued under this chapter
upon noncompliance with any of its provisions and conditions. If revoked, the
event must be cancelled, and all activities must be terminated immediately.
D. In addition to any penalties imposed on the violation of any provision of this
chapter, the County may bring suit in the Circuit Court of the County to restrain,
enjoin or otherwise prevent violation of this chapter.
§ 86-6 Fees.
Any person seeking to apply for a commercial outdoor event permit shall submit a
fee in the amount of$ , made payable to the Treasurer of Frederick County.
§ 86-7 Violations and penalties.
Any person, group, firm, corporation, partnership or entity who violates any of the
provisions of this chapter shall, upon conviction, be subject to punishment by a
maximum fine of$2,500 or by imprisonment for not more than 12 months, or both
such fine and imprisonment.
Enacted this day of , 2020.
Charles S. DeHaven, Jr., Chairman Shawn L. Graber
J. Douglas McCarthy Robert W. Wells
Blaine P. Dunn Gene E. Fisher
Judith McCann-Slaughter
Kris C. Tierney
Clerk, Board of Supervisors
County of Frederick, Virginia
3
County of Frederick County
Department of Planning and Development
107 N. Kent Street, Winchester VA 22601
(540)665-5651
https://www.fcva.us/departmentsiplanning-development
APPLICATION PACKAGE FOR A COMMERCIAL OUTDOOR EVENT
When do you need a Commercial Outdoor Event Permit?
Submission and approval of an application for a commercial outdoor event is required for any one-
time commercial activity, at a specific outdoor location, which is open to the public, where
admission is charged or where donations are accepted,and which event will have more than 100
persons in attendance at any given time.
When do I need to apply?
Applications must be submitted at least four(4)weeks prior to the event start date. Applications
for commercial outdoor events are subject to approval by the Board of Supervisors and must have
a public hearing. Once the Department of Planning and Development has received a completed
application package the event will be scheduled for review by the Board at their next scheduled
meeting.
What do I need to submit?
The applicant must submit a completed application (see pages 2-3 of this package) and must
provide all information specified in the Application Submission Checklist (see pages 4-5 of this
package). An event.application will not be scheduled for review bythe Board of Supervisors until it
is complete.
information Applicants Should Be Aware Of:
o Events shouldnot be promoted or set up prior to approval and issuance of the permit.
a Separate permits may be required by other agencies such as the Virginia Department of
Health(VDH)pertaining to food services orthe Frederick County Inspections Department of
tent or stage permits. Approval of'an event applicant does not exempt you from obtaining
other applicable permits. Please call VDH at(540)722-3480 and Inspections at(540)665-
5650 for further information.
o Business licenses and vendor permits may be required by the Frederick County
Commissioner of the Revenue. Please contact this office at (540) 665-5681 prior to
commencing.any approved event.
Please contact the Department of'Planning and' Development should you have
questions regarding the application process at(540) 6655651.
COMMERCIAL OUTDOOR EVEN T APPLICATION
Please complete the following application and return to the Department of Planning and Development.
All information specified under the application checklist must be provided for this submission to be
deemed complete and acceptable.
1. Applicant information (promoter/financial backer of the event):
Applicant Name:
Specific Contact Person if Other than Above:
Mailing Address:
Telephone: Email:
2. Event Information:
Event Name and Type of Event:
Address and Location-Provide where the property is located at(give street address(es)if assigned
or otherwise exact location based on nearest road and distance from nearest intersection, using
road names and route numbers):
Property Identification Number(s):
Magisterial District(s):
Size of the Property(acreage):
Current Use of Property:
Event Dates and Times:
Expected Number of Attendees:
Maximum Number of Attendees that will be Allowed:
Written Narrative: Please attach a separate document that provides a written narrative with an
overview of the requested commercial outdoor event (please see the application checklist for
required information).
2
Applicant Signature Required:
I (we), the undersigned, do hereby respectfully make application to the Frederick County Board of
Supervisors to approve the requested Commercial Outdoor Event Permit. I (we) authorize Frederick
County officials to enter the property for site inspection purposes.
I (we) hereby certify that this application and its accompanying materials are true and accurate to
the best of my(our) knowledge.
As the owner and/or acting legal representative for the owner, I understand that I shall be responsible
and made liable if the regulations of Chapter 86 of the Code of Frederick County are violated or if any
requirements specified in this application and checklist are not adhered to.
Property Owner Signature:
Owner: - - bate
If signing on behalf of an entity, please state name of entity and your title:
Owner: Date
If signing on behalf of an entity, please state name of entity and your title:
Other Applicant Party (if any): pate
if signing on behalf of an entity, please state name of entity and your title:
State of Virginia, City/County of To-wit:
1, _- a Notary Public in and for the jurisdiction
aforesaid,certify that the person(s)who signed to the foregoing instrument personally appeared before
me and has acknowledged the same before me in the jurisdiction aforesaid this—day of ,
200
My Commission Expires:
Notary Public
if additional signature fines are necessary, such as if more than two persons are owners,please
use additional copies of this page.
3
COMMERCIAL OUTDOOR EVENT-APPLICATION SUBMISSION CHECKLIST
*Please note that all sections mut be completed and provided prior to your permit being
scheduled far review by the Board of Supervisors.
Completed Application Form —See Mages 2-3
Application Fee- payable to the Treasurer of Frederick County.
Written Narrative of the proposed event. The written narrative is a description of the
proposed event. The applicant must outline the following:
• Overview and description of the event
• Information about hours and dates of the activity
• Estimate of the number of persons expected to be in attendance for each day
• Temporary structures (such as stage, platform, tent, ramp) planned for the
event. Please note that building permits may be required for these structures
• Confirmation from the Frederick County Commissioner of Revenue regarding
any required business licenses
• Names of all persons or groups who will perform at the event—indicate if there
will be amplified music
• Indicate if any overnight camping is planned for the event
Restroom Facilities and Garbage/Trash Collection - This plan must meet the
requirements of all state and local statutes,ordinances and regulations,and must be
approved by the Virginia Department of Health (Lord Fairfax Health District). If
portable restrooms are to be used, an executed contract from a company providing
this service must be provided.
Event Access. A statement signed by the applicant and property owner which
authorizes the County and its lawful agents, employees, designees or law
enforcement officers to enter the property upon which the event will be held at any
time prior to or during the event for the purpose of determining compliance with all
applicable regulations.
Emergency Services. A plan for adequate emergency medical service for persons at
the event must be approved by the Fire Marshal and the local fire and rescue
company.
Fire Protection. A plan for adequate fire protection for the event must be approved
by the Fire Marshal and the local fire and rescue company.
On-site Food Preparation and/or Service. A be approved by the Virginia Department
of Health (Lord Fairfax Health District).
Permit for Alcoholic Beverages. Provide a copy of the approved Virginia Alcoholic
4
Beverage Control permit if alcoholic beverages will be served.
Traffic and Parking. Provide a plan that identifies adequate parking areas/facilities
and a plan for traffic control at the event entrance. If access control is proposed to be
provided by the Sheriff's Department, provide an agreement to this effect.
Event Lighting. If temporary outdoor lighting is proposed for the event, a detail of
the proposed light as well as a diagram that shows the location of each light and
shielding devices or other equipment to prevent unreasonable glow beyond the
property must be provided.
Event Music - Volume. A statement that no music shall be played, either by
mechanical device or live performance, in such a mannerthat the sound emanating
therefrom exceeds 60 decibels at any property line where the adjacent use is
residential and 75 decibels at any property for all other uses.
Event Music-Hours. No outdoor music shall be played after 10:00 pm Sunday through
Thursday, after 11:00 pm Friday and Saturday, nor before 9:00 am on any day.
Notarized Authorization from the property owner or agent indicating consent by the
owner(s)for use of the property and related parking for the event(Please see sheet
3).
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811$/2020 Frederick County,VA Ecode360
Frederick County, VA
Sunday,August 16, 2020
Chapter 86. Festivals
[HISTORY:Adopted by the Board of Supervisors of the County of Frederick 9-12-1984 as Ch.4, Art. ii,
of the 1984 Frederick County Code; amended in its entirety 7-28-2010. Subsequent amendments
noted where applicable.]
GENERAL REFERENCES
Disorderly conduct—See Ch. 72.
§ 86-1 . Purpose.
This chapter is enacted pursuant to § 15.2-1200 of the Code of Virginia, in the interests of the public
health, safety and welfare of the citizens and inhabitants of the County, for the purpose of providing
necessary regulation for the conducting of musical or entertainment festivals conducted outdoors not
within an enclosed structure and of any gathering of groups or individuals for the purpose of listening to
or participating in entertainment which consists primarily of musical renditions conducted outdoors not
within an enclosed structure.
§ 86-2. Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively
ascribed to them by this section:
BOARD
The Board of Supervisors of the County.
MUSICAL OR ENTERTAINMENT FESTIVAL or FESTIVAL
Any gathering of more than 100 individuals or of a commercial nature, if either is for the purpose of
listening to or participating in entertainment which consists primarily of musical renditions
conducted outdoors, not within an enclosed structure. Such activities shall be deemed commercial
when a business license is obtained or is required to be obtained, or, if a business license is not
required, when a charge is imposed for admission to or in connection with the activity.
§ 86-3, Permit required; application; issuance or denial; fee.
A. No person, group, firm, corporation, partnership, or entity shall stage, promote or conduct any
musical or entertainment festival in the unincorporated areas of the County unless there shall have
been first obtained from the Board an outdoor festival permit for such festival.
B. An application for such outdoor festival permit shall be in writing, on the form provided for said
,purpose, and filed in duplicate with the Clerk of the Board at least 30 days before the date of such
festival. Such application shall have attached thereto and made a part thereof the plans,
statements, approvals and other documents required by this chapter.
C. The Board shall act on such application at the next scheduled regular meeting of the Board,
provided that the application has been on file with the Clerk to the Board and duly advertised for
public hearing pursuant to §§ 15.2-1426 and 15.2-1427 of the Code of Virginia, 1950, as
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amended. If granted, the permit shall be issued in writing, in letter or other form for said purpose,
and mailed by the Clerk to the applicant at the address indicated in the application. If denied, the
refusal shall be in writing, and the reasons for such denial stated therein, and mailed by the Clerk
to the applicant at the address indicated.
D. Twelve-month permits.
(1) Eligibility. The Board may issue a twelve-month permit under this section for multiple
commercial festivals at a site which is the subject of an approved site plan and has, at least
once previously, been granted a permit pursuant to the provisions of this chapter and
satisfactorily complied with the requirements of this chapter with respect to the festival that
was the subject of that permit.
(2) Application. An application for a twelve-month permit shall be considered according to the
provisions of§ 86-3, except that the application need not contain the information described in
§ 86-5, provided the following information is submitted to the County Administrator's Office at
least seven days prior to each festival or event, or as soon thereafter as such information
becomes available: date and time of the festival and anticipated number of attendees. If such
information is not submitted, the twelve-month permit shall be null and void as to that
particular festival or event.
(3) Duration. Twelve-month permits shall be issued for the period January 1 to December 31 of
the same calendar year, except that, when the application is filed after January 1, the permit
shall be effective from the date issued until December 31 of that same year.
(4) Limitations. In granting a twelve-month permit under this subsection, the Board may limit the
number of festivals that the applicant may conduct during the period covered by the twelve-
month permit and the Board may also impose such other restrictions, including but not limited
to restrictions on number of attendees at each festival, days and dates of festivals, and times
of festivals, and deposit requirements, as the Board deems appropriate.
E. Each application for an outdoor festival permit shall be subject to a fee in an amount set by the
Board, payable at the time of filing with the Clerk of the Board, to cover the cost of advertising and
administrative expenses in connection with the Board's review of the application,
F. This section does not apply to an entertainment or music festival in a facility managed by the
Frederick County Parks and Recreation Department, provided that the festival complies with all
requirements of the Frederick County Parks and Recreation Department.
§ 86-4. Deposit required.
As a condition to issuance of a permit, the Board may require the applicant to make a deposit with the
County Treasurer to pay for the cost of additional County services necessary to meet the requirements
of the plans submitted with the application and necessary to protect the health, safety, and welfare of
the citizens of this County. Such additional County services means any additional County personnel in
excess of those regularly available to the music or entertainment festival and may include, but shall not
be limited to, additional law enforcement officers for crowd control, traffic control and parking;
additional firefighters for fire protection during the festival; and any additional medical or sanitation
officers necessary to protect the health, safety and welfare of the persons attending the festival. The
actual cost of such additional services shall be paid to the County out of the deposit, and the
difference, if any, shall be refunded to the applicant within 30 days after the festival. !Nothing herein
limits such rights as the County may otherwise have under applicable law to seek recovery of damages
from the applicant or such other persons responsible for costs and/or damages incurred by the County
as a result of the festival or otherwise, in amounts in excess of the deposit, and nothing herein
obligates the County to provide any of the additional County services set forth herein.
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§ 86-5. Conditions to be met; required submissions.
Such outdoor festival permit shall not be issued unless the following documents, information, plans,
statements, and approvals are submitted to the Board with the application and the applicant agrees to
comply with conditions reflecting the same:
A. The location of the festival, as well as the name and address of the owner(s) of the property on
which such festival is to be held. The applicant may be required to obtain and submit a statement
or other documentation indicating consent by the owner(s) for use of the property and related
parking for the festival.
B. The name and address of the promoter(s) of the festival and the financial backer(s) of the festival.
C. The names of all persons or groups who will perform at such festival. It may be necessary to
supplement or update this information as performers are booked.
D. A copy of the ticket or badge of admission to the festival, containing the date or dates and time or
times of such festival.
E. The name, date(s), and time(s) of the festival, the maximum number of tickets to be offered for
sale for each day of the festival, and the best reasonable estimate by the applicant of the number
of persons expected to be in attendance for each day of the festival.
F. A pian for adequate sanitation facilities and garbage, trash and sewage disposal for persons at the
festival. This plan must meet the requirements of all state and local statutes, ordinances and
regulations, and must be approved by the Virginia Department of Health (Lord Fairfax Health
District).
G. A plan for providing food, water and lodging for the persons at the festival, This plan must meet
the requirements of all state and local statutes, ordinances and regulations, and must be approved
by the Virginia Department of Health (Lord Fairfax Health District).
H. A plan for adequate emergency medical service for persons at the festival, designating by name
the rescue squad or commercial ambulance service to be made available. This plan must meet
the requirements of all state and local statutes, ordinances and regulations, and must be approved
by the Fire Chief of the County and the local fire and rescue company.
1. A plan for adequate fire protection. This plan must meet the requirements of all state and local
statutes, ordinances and regulations, and must be approved by the County Fire Marshal and the
local fire and rescue company.
J. A plan for or a diagram indicating adequate parking facilities and traffic control in and around the
festival area.
K. A statement specifying whether any outdoor lights or lighting will be utilized and, if outdoor lights
or lighting will be utilized, a plan or diagram showing the location of:
(1) Such lights and their proximity relative to the property boundaries and neighboring properties;
and
(2) The shielding devices or other equipment to prevent unreasonable glow beyond the property
on which the festival is located.
L. A statement that no music shall be played, either by mechanical device or live performance, in
such a manner that the sound emanating therefrom exceeds 73 decibels at any property line of
the property on which the festival is located.
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M. A statement specifying whether alcoholic beverages will be served, and, if alcoholic beverages will
be served, provide evidence of any applicable Virginia Alcoholic Beverage Control Board permit,
which permit shall also be displayed at the festival.
§ 86-6. Limit on music and entertainment.
A. Music shall not be rendered nor entertainment provided for more than eight hours in any twenty-
four-hour period, such twenty-four-hour period to be measured from the beginning of the first
performance at the festival.
B. Music shall not be played, either by mechanical device or live performance, in such a manner that
the sound emanating therefrom exceeds 73 decibels at any property line of the property on which
the festival is located.
§ 86-7. Age limit for admittance.
No person under the age of 18 years shall be admitted to any festival unless accompanied by a parent
or guardian, the parent or guardian to remain with such person at all times. It may be necessary to post
signs to this effect.
§ 86-8. Enforcement; revocation.
A. As part of the application, the applicant shall give permission to the Board, its lawful agents,
and/or duly constituted law enforcement officers to go upon the property where the festival is
being held at any time for the purpose of determining compliance with the provisions of the County
ordinance.
B. The Chief Building Official, and/or his agents, shall inspect for approval all temporary structures,
seating and stage facilities erected on a festival site and all electrical and fighting installations,
power sources, and electrical wiring at such site.
C. The Board shall have the right to revoke any permit issued under this chapter upon
noncompliance with any of its provisions and conditions.
D. In addition to any penalties imposed on the violation of any provision of this chapter, the Board
may bring suit in the Circuit Court of the County to restrain, enjoin or otherwise prevent violation of
this chapter.
§ 86-9. Violations and penalties.
Any person, group, firm or corporation who violates any of the provisions of this chapter shall, upon
conviction, be punishable by a maximum fine of $2,500 or by imprisonment for not more than 12
months, or both such fine and imprisonment.
https:llwww.ecode360.com/print/FR 1364?gu id=8705852&children=true 4/4
KOWICH c
The Frederick County Board of Supervisors will
hold a Public Hearing on Wednesday,October
14,2020,7;00 P.M.,in the Board of Supervisors'
Meeting Room,County Administration Building,
107 North Kent Street,Winchester,Vlrgfnia,to
Consider the Following:
Amendment to the 2020-2021 Fiscal Year
Budget Pursuant to Section 15.2-2507 of the
Code of Virginia,1950,asAmended,the Board of
Supervisors will Hold a Public Hearing to Amend
the Fiscal Year 2020-2021 Budget to Reflect:
Generaf Fund and County Capital Projects Fund
Supplemental Appropriations In the Amount of
$9,800,000. This Amount Represents benetal
Fund FY 2019-2020 Year End Fund'Balance in
Excess of 20%to be Transferred to the County
Capital Fund Per the Board of Supervisors
Adopted Policy.
Amendment to the Frederick County Code,
Chapter 158. Vehicles and Traffic; Article
IV Law Enforcement of private Roads and
Streets,by the Addition of Section 158-18.1,
Lake Frederick Subdivision. The Purpose of
this Proposed Amendment is to Designate the
Roads and Streets within the Lake Frederick
(Shenandoah)Subdivision as Highways for Law
Enforcement Purposes.
---------------------
Amendment to the Frederick County Code,by
Repealing Chapter 86 Festivals In Its Entirety.
Inquiries concerning the above item(s) may
be addressed to the Office of the County
Administrator between the hours of 8:00
AM and 5:00 PM, Monday through Friday,
107 North Kent Street, Winchester, Virginia
22601 (540) 665-5666: Any subject file(s),
including the full text of any ordinance or of any
other Item(s)to be adopted are available at the
Office of the County Administrator.
The Board and staff are following current
recommendations for social distancing and
public gatherings.The meeting will be broadcast
via Cable Channel 16 and will be live streamed
on the website at www.fcva.u$/BQSMeetlnas
Citizens preferring not to attend the meeting to
speak are encouraged to submit comments to
the Board via:
Electronic commenting.on the county website
at www.icva,uslBOStylaetings (Click on the
'eCommenY to submit your comments.)
Email to county staff Karen Vacchlo at kvacchio
fcva.us or Ann Phillips at ann.phifiipsotcva.us
by noon on the day of the meeting.
Mail to October 14 Public Hearing Comments,
107 N.Kent St.,Winchester,VA 22601.Include
your name,address and magisterial district.
In person by calling the Deputy Clerk at 5417- ' ,1e
i 722.8273 to arrange to drop off your comments. Winchester S
tar
Interested citizens may appear before the Board
to speak on the above item(s).The agenda Is Wednesday
available enlineatwww.tcva.uslBOSMeetings C7oiober 7,2020
and at the Frederick County Administrative j
Offices, 107 North Kent Street,Winchester,
Virginia:
JayE.Tibbs
Deputy County Administrator
County of Frederick,Virginia
www.fcva.us
,0l 10E OF
The Frederick County Board of Supervisors will
hold a Public Hearing on Wednesday,October
14,2020,7:00 P.M.,in the Board of Supervisors`
Meeting Room,County Administration Building,
107 North Kent Street,Winchester,Virginia,to
Consider the Following:
Amendment to the 2020-2021 Fiscal Year
Budget, Pursuant to Section 15.2-2507 of the
Code o€Virginia,1950,as Amended,the Board of
Supervisors will Hold a Public.Hearing to Amend
the Ffsoal Year 2020-2021 Budget tp Reflect:
General Fund and County Capital Projects Fund
Supplemental Appropriations in the Amount of
$9,800,000, This Amount Represents General
Fund FY 2019-2020 Year End Fund Balance in
Excess of 20%to be Transferred to the County
Capital Fund Per the Board of Supervisors
Adopted Policy.
Amendment to the Frederjctc County Code,
Chapter 158 Vehicles and Traffic, Article
IV Law Enforcement 4f private Roads and ({
Streets,by the Addition of Section 158 18.1, IEI
Lake Frederick Subdivision. The Purpose of
this Proposed Amendment is to Designate the
Roads and Streets within the take Frederick
(Shenandoah)Subdivision es Highways for Law
Enforcement Purposes.
amendment to the Frederick County Code,by
Repealing Chapter 86 Festivals in Its-Entirety.
Inquiries concerning the above item(s) may
be addressed to the 0$tce of the County
Administrator between the hours of 8:00
AM and 5.00 PM, Monday through Friday,
107 North Kent Street, Winchester, Virginia
22601 (540) 665-5666. Any subject tile(s),
including the full text of any ordinance or of any
other item(s)to be adopted are available at the
Office of the County Administrator.
The Board and staff are following current
recommendations for social distancing. and
public gatherings.The meeting will.be broadcast
via Cable Channel 16 and will be live streamed
on the website at www,fm.us1BQ8Mqet1ngs.
Citizens preferring not to,attend the meeting to
speak are encouraged to submit comments to
the Board via:
Electronic commenting on the county website
at www.fcva.us/BOSMsetings (Click on the
`eComment'to submit your comments.)
Email to county staff Karen Vacchio at kvacchfo @
fcva.us or Ann Phillips at ann.phillips0fcva.us
by noon on the day of the meeting.
Mail to October 14 Public Hearing Comments,
107 N.Kent St.,Winchester,VA 22601.Include
your name,address and magisterial district,
In person by calling the Deputy Clerk at 540-
722-8273 to arrange to drop off your comments. The
Interested citizens may appear before the Board 'in(chester
to speak on the above item(s).The agenda is
available online at www.1cva.us/BOSMeetings Wednesday
and at the Frederick County Administrative September 30,2020
Offices, 107 North Kent Street,Winchester, __.._..
Virginia.
Jay E;Tibbs
Deputy County Admirdstrator
County of Frederlck,Virginla
wwvu.fCVa.us
Supervisors back away from interfering with Lake Frederick roads; repeal festival ordinan... Page 1 of 3
FOR INFORMATION
https://www.winchesterstar.com/winchester_star/supervisors-back-away-from-interfering-with-lake-
frederick-roads-repeal-festival-ordinance/article_cb7d78f5-43bc-5b07-8bl e-3943aef32bca.htmi
HOT
Supervisors back away from interfering with Lake
Frederick roads; repeal festival ordinance
By JOSH JANNEY The Winchester Star
Oct 16, 2020
WINCHESTER — The Frederick County Board of Supervisors on Wednesday night
unanimously voted against a proposed ordinance to designate private roads and streets in
the Lake Frederick subdivision as highways — a move that would have allowed law
enforcement to take action against careless drivers.
Earlier this summer the county received a request to consider such an ordinance by a
E
member of the Lake Frederick Homeowners Association (HOA). Because the roads are
private, law enforcement officers do not have authority to issue summonses for routine
traffic offenses — such as for speeding and driving through stop signs. Serious traffic
offenses — such as driving under the influence or reckless driving — are still enforceable.
Virginia Code § 46.2-1307 provides that a locality may designate private roads within any
residential development containing 100 or more lots or residential dwelling units as
i
highways for law enforcement purposes, county Attorney Roderick Williams previously
explained.
The proposal received opposition from several members of the Lake Frederick
community, who felt that the issue was an HOA matter that shouldn't involve interference
from the Frederick County government. Some Lake Frederick residents said they weren't
given enough information about the proposed change.
httns:�/,ATww.winchesterstar.com/winchester star/subervisors-back-swav-from-intirfQrinv to/7 I�n�n
Supervisors back away from interfering with Lake Frederick roads; repeal festival ordinan... Page 2 of 3
"After reading all of these emails and speaking with residents on both sides, I just don't
feel the board at this time should get into a situation where we really don't know if there is
a large consensus of Lake Frederick residents who want to do this," said Opequon
Supervisor Bob Wells, who made the motion to deny.
Also at Wednesday's meeting, the board unanimously voted to repeal Chapter 86
ordinance of the County Code, which regulates festivals and other large events. The code
defined festivals as any gathering of more than 100 individuals or of a commercial nature,
if either is for the purpose of listening to or participating in entertainment which consists
primarily of musical renditions conducted outdoors, not within an enclosed structure. Prior
to Wednesday night, anyone who wanted to hold a musical or entertainment festival in the
unincorporated areas of the county had to obtain an outdoor festival permit.
Over the decades, the ordinance has been misused by businesses who lacked a
conditional use permit to hold large, commercial events. These businesses often tried to
skirt-by obtaining a CUP by instead applying for a 12-month festival permit.
"The final determination was that the origin of this festival permit came about because of a
little concert that happened up in New York called Woodstock back in 1969 1 believe," said
Gainesboro Supervisor J. Douglas McCarthy. "Following that, most localities passed a
festival permit ordinance related to music festivals requiring that a locality get permission
for holding open music festivals. Over the years this has morphed into an ordinance that
required folks like nonprofits in the area to get permission to hold fundraisers and other
things. It's become somewhat convoluted."
I
McCarthy suggested doing away with the Chapter 86 ordinance in its entirety. Williams
said that zoning limitations and noise ordinances should be able to prevent outdoor
festivals from getting out of hand and disturbing the peace.
I
"Realistically this was not intended to regulate nonprofit events," Williams said. "1 don't
:I! believe we have had problem with those events. Most of this can be handled through
other means of regulation." i
1
https:l/ww-,v.winchesterstar.com/winchester star/supervisors-back-awav-from-intPrfPriiia 11)/1 All)mn
Supervisors back away from interfering with Lake Frederick roads; repeal festival ordinan... Page 3 of 3
Chairman Charles DeHaven Jr. said he was concerned about "creating a free for all" for
outdoor festivals. However, he said the board can always wait and see how things turn
out. If problems arise, the supervisors can always vote to create a new ordinance. The
repeal of Chapter 86 becomes effective Dec. 31.
Attending the meeting at 107 N. Kent Street were Chairman Charles DeHaven Jr. and
Board members Gene Fisher, Doug McCarthy, Judith McCann-Slaughter, Bob Wells and
Shawn Graber. Blaine Dunn was absent.
— Contact Josh Janney at jjanney@winchesterstar.com
JJanney
https://www,winchesterstar.com/winchester star/supervisors-back-away-from-interferinL-... 10/16!2020