Laws and sausage

 

In a perfect world, there would be no need for laws or regulations. Alas, we do not live in a perfect world, so we make laws to safeguard the health, safety, and welfare of the population.

Goochland supervisors addressed this subject at their Tuesday, October 7 meeting when they unanimously approved an amendment to Chapter 8 of Goochland County Code Article V Special Events, Sections 8-326 through 8-399. The amendment clarified the definition of a special event; added an exception for spontaneous events, clarified compliance with other regulations; added exceptions; clarified permit application review including application information; revised noise standard; broadened the definition of eligible security providers; removed fee waiver; specify and clarified standards used to grant approval; authorized permit conditions; decreased time required for permit filing, and  revised penalties for non-compliance.

And that’s the simplified version.

The  ordinance defines a special event as a preplanned gathering at which some or all attendees will be outdoors or in a temporary structure like a tent with anticipated attendance being more than 500; or more than 250 for the purpose of listening to music or entertainment; or 250 or more people when alcohol will be served and consumed. Examples of familiar events covered by the ordinance are Bethlehem Walk; Goochland Day; the Lion’s Club picnic; and the county fall festival.

A spontaneous event is defined as “An unplanned or unannounced coming together of people, and/or vehicles in a public gathering which is caused by or in response to unforeseen circumstances or events occasioned by events recently in the news or which attempts to influence an event in the near future (such as a legislative action or election) for which the effectiveness of expression is time sensitive.” Spontaneous events do not require a permit.

Earlier in the meeting, the Board deferred action on a new parade ordinance until its February 2 meeting to allow more opportunity for citizen input and refine the wording.

County Attorney Tara McGee presented the proposed amendment to the supervisors. (Go to past county recorded meetings on the county website goochlandva.us at about the 5:34 mark for the October 7 meeting to hear the presentation and discussion.)

Revisions to the special events ordinance, said McGee, were triggered by a 2018 proposal to bring a concert venue to West Creek, which could have been deemed a place of public assembly by right with no conditions. Security needs of the proposed events were in question because the special events ordinance on the books specified that security could be provided only by off duty Goochland deputies. There were not enough deputies to provide adequate security for three to five large events per week. The revised ordinance expands approved security sources to include Goochland deputies; Virginia State Police; and privately licensed and bonded security providers.

As amended, the ordinance establishes a permitting process for large outdoor gatherings of more than 500 people or more than 250 people if alcohol is involved. Examples are Bethlehem Walk and Goochland Day. The purpose of the process is to ensure safe, healthy events for attendees and addresses the number of porta potties, parking, traffic control, adequate EMS on site, food vendor licensing etc.  It also requires the name of the promoter of the event, and the owner of the site.

Event venues, operating under conditional use permits limiting attendance may now apply for a special event permit to accommodate more people for a specific event. This codifies existing practice, explained McGee.

Another improvement, said McGee, is a shorter time frame to secure a permit. The old rules required 60 days, the new 30. Permit fees were also reduced.  The fee for a single event decreases from $200 to $25 dollars up to a maximum fee of $175 for seven or more events annually.

References to “discretionary” actions were deleted because “…governments don’t grant favors to groups whose message it supports or penalize those with whom it may disagree,” McGee contended. The discretionary fee waiver provides an opportunity to do that.

The special events process was created for planned large outdoor events. It does not cover people coming together for social justice issues known as expressive activity. There has been discussion about whether expressive activity should require a permit, which McGee contended is more about law enforcement perspective than sanitation facilities or trash removal.

The ordinance also addresses noise as best it can without use of decibel meters. It states: “A plan showing how noise generated by the special event will be controlled and a statement that no music (or amplified noise of any kind) shall will be played, either by mechanical device or live performance,  so that the sound is unreasonably loud or annoying beyond the property lines of the property(ies) on which the special event is located.” There is no gauge for determining what constitutes unreasonably loud sound.

Penalty for failure to obtain a permit, to adhere to the provisions of the special event ordinance or interfere in any way with the event is punishable by a class 3 misdemeanor, whose maximum penalty is a $500 fine.

McGee said that the revisions were crafted with input from the sheriff, community development department, and local entities such as Salem Church for Bethlehem Walk and the Lions Club for its annual barbecue. She did not receive any negative feedback from those contacted.

Don Sharpe, District 4, asked if McGee discussed ordinance penalties with Goochland Commonwealth’s Attorney D. Michael Caudill, who prosecutes misdemeanors. McGee said she conferred only with the Sheriff and that it was her understanding that charges for violating the special events permit ordinance have never been brought. Penalties, McGee said, were directed toward promoters and private individuals holding special events without a permit.

Citizen Jonathan Lyle objected to the provision exempting the county from meeting the standards in the ordinance. Before the ordinance amendment, county departments were required to obtain a permit to ensure that all requirements were met. Lyle contended that the “optics” of local government exempting itself from its own laws are bad. He also characterized the entire special events permitting process as onerous and contended it could be considered over reach of basic freedoms.