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THE MUNICIPAUIY
I.A MUNICIPALITE
OF THE COUN1Y OF
DU COMTE DE
RICHMOND
Municipality of The County of Richmond
By-Law #67
Special Event By-Law
The Council of the Municipality of the County of Richmond under the authority vested
in it by the Municipal Government Act, Section 172 (1) (a-c) and (d) (iii-vi) of the Nova
Scotia Municipal Government Act (MGA) provides municipalities with the power to
make By-laws, for municipal purposes, respecting the health, well-being, safety and
protection of persons; the safety and protection of property; and respecting nuisances,
activities and things that, in the opinion of Council, may be or may cause nuisances,
including noise, as well as prescribing the hours during which certain noises, or all
noises above a certain level, specified in the By-law is prohibited, authorizing the
granting of exemptions in such cases as the By-law provides, and providing that it is
an offense to engage in any activity that unreasonably disturbs the peace and
tranquility of a neighborhood.
Section 1 QA of the Emergency Management Act- Chapter 8 of the Acts of 1990,
amended 2005, c. 48, ss. 1-6; 2007, c. 10, s. 2; 2009, c. 12- An Act to provide for a
prompt and coordinated response to a state of Emergency, states that "Every
municipality shall, immediately upon becoming aware of it, inform the Emergency
Management Office of any real or anticipated event or emergency that could impact
the health, safety or welfare of Nova Scotians, their property or the environment., 2009,
c. 12, s. 3. does hereby enact as follows:
1. Short Title
1.1 This By-law shall be known as the "Special Event By-law".
2. Application
2.1 This By-law shall apply within the boundaries of the Municipality of the County
of Richmond.
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LA MUNICIPALITE
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3. Definitions
3.1
In this By-law:
a) "Clerk" means the Municipal Clerk of the Municipality;
b) "Coordinator' means the Emergency Management Coordinator for the
Municipality.
c) "Council" means the Council of the Municipality;
d) "Special Event" means a musical, cultural, athletic or sporting event
held outdoors or partly outdoors to which members of the public have
admission
in
exchange for monetary or any other form of
consideration, but does not include car races held at enclosed tracks;
e) "Large Special Events" means a Special Event attended by five hundred
(500) people or more;
f)
"Municipality" means the Municipality of the County of Richmond;
g) "Owner" means the registered owner or occupant of premises upon
which an special event is held;
h) "Permit" means a permit in F orm "B" issued pursuant to this By-law;
i)
"Person"
includes
natural
persons,
bodies,
corporate
and
unincorporated bodies or associations.
j) "Promoter'' means the person/group/organization who has the financial
responsibility for the special event including contracting with entertainers,
security firm, overtime policing costs, renting the facility, advertising the
special event, and collecting gate receipts.
k) "REMO" means Regional Emergency Management Organization.
4. General Prohibition
4.1
A person shall not promote, organize or hold a large special event within the
Municipality without first obtaining an event permit issued in accordance with
the provisions of this By-law.
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4.2
Any person who promotes, organizes or holds a large special event without a
permit, and the owner or occupant of any property where such an event is
held, who knowingly allows such an event to be held, commits an offence.
5. Application For Permit
5.1
Event Permit Application Procedure
a) A promoter wishing to organize or hold a special event must
complete an event application provided by the Municipality for that
purpose.
i.
For first time events, please use Form A, Application for Special
Event.
ii. For recurring events, please use Form B, Application for Recurring
Special Event.
b) The event application specified in subsection (a), must:
i.
Be signed by the promoter;
ii.
Be presented to the Clerk at least forty-five (45) days prior to the
event; and,
iii. Be accompanied by a deposit of $100.00 up to a $2000.00 as the
Clerk deems required to cover clean-up costs, or the remission of a
bond or other form of security acceptable to the Clerk.
5.2 Application for a Special Events Permit shall be made:
a)
to the Clerk when a Special Events Permit has not been granted to the
applicant or a predecessor organization for an event substantially of the
same nature;
b) the Clerk may refer any application to Council at his or her discretion.
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6. Issuance Of Permit
6.1
Event Permit Requirements
a) The Municipality will only issue a special event permit for events where:
i.
Premises continue to meet all relevant fire, safety, and health
regulations/codes;
ii. All sewage and waste water is directed to a system that has the
capacity to absorb it or shall be collected and lawfully transported to
a disposal site;
iii. All garbage and refuse shall be collected at the site, shall not be
permitted to be deposited elsewhere, and shall be lawfully disposed
of;
iv. Confirmation of agreement made with the RCMP prior to the
issuance of the event permit for additional policing services on the
basis of such presented by the RCMP (based up to the maximum
capacity of the facility, and as established in the event application);
v.
Notice of the date and location of the special event is provided by the
applicant to local hospital(s), fire department(s) and emergency
management office.
vi. There is adequate traffic control and security plan in place for the
special event, which includes provisions for:
a) First aid;
b) Severe weather;
c) Easy access to the site by emergency and police vehicles;
d) Adequate and lawful parking area for vehicles of those attending
the event;
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e) Entrance control to deter alcohol or illicit drugs being brought to
the premises during a special event;
f) Outside inspection and clean up in the vicinity of the premises
during and after the event.
g) The employment of a security firm licensed by the Government
of Nova Scotia;
h) Traffic control for safe traffic and pedestrian flow.
i) Proof of event insurance to an amount deemed appropriate by
the Clerk is provided;
j) There is provision for an adequate supply of potable water to
those in attendance and,
k) All other conditions as outlined in the event permit are carried
out to the satisfaction of the Clerk.
6.2 Any person holding a special event shall ensure that:
a)
Noise generated by the event shall not unreasonably disturb the peace
and tranquility of the neighborhood where the event takes place;
b)
No noise that would be audible from adjoining properties is generated
between the hours of 12 AM (midnight) and 7 AM;
c)
If an event is to go beyond 12 AM (midnight), an exemption may be
requested by application. See Noise Control By-law, By-law 65, "Form
A", Municipality of Richmond County -
Noise By-law Exemption
Application.
6.3 A permit for a special event will not be issued to any promoter:
a) . Who does not have a valid business license with the Registry of Joint
Stocks to hold such special event, or
b) Who does not agree to comply with existing Municipal By-laws, or
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Provincial statues or regulations, or
c) Whose application indicates the employment or hiring of any person or
company connected with a previous special event, was operated in
contravention of any Municipal By-laws or Provincial statues or
regulations, unless exempted through section 8.1.
7. Revocation Of Permit
7.1
Where a permit has been issued, but a special event is being carried out
without regard to the conditions in the permit or otherwise in contravention of
this By-law, it may be revoked by the Clerk or their designate.
8. Exemption
8.1
Any person seeking an exemption under this section shall apply, in writing,
to the Clerk no less than 60 days before the event, or such shorter time as
the Clerk may allow, setting out the nature of the exemption and the reasons
for the application.
8.2 The Clerk shall thereupon fix a date for a hearing by Council or the Committee
and the applicant shall give written notice of the hearing, in a form approved by
the Clerk, by personal service or registered mail to all persons residing within
200 metres of the property. In the event that the applicant fails to provide proof
of service of the notice on said residents, no hearing shall be held.
8.3 At the hearing, the applicant and any resident given notice shall have the
opportunity to be heard in regard to the application.
8·.4 Council or the Committee, following the hearing, may exempt the applicant
from any or all of the requirements of this By-law, or relax those requirements,
if satisfied that the number of persons attending the event, the nature of the
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event, or the charitable character of the event, do not require strict compliance
with this By-law.
8.5
The following events are exempt from this By-law:
a) Municipality of the County of Richmond sponsored events;
b) Community Events;
i. Fire Department fund raising events;
ii. Community hall events;
iii. School based events.
9. Enforcement
9.1
A peace officer or an employee or agent of the Municipality designated for
that purpose may enter any property where an event is being held for the
purpose of determining whether this By-law is being complied with.
9.2
A peace officer or an employee or agent of the Municipality may direct that a
contravention be remedied and
may remove and
impound vehicles,
improvements, or other things being used at an event in contravention of this
By-law, the costs of collecting the same being a first lien on the owner's
property.
9.3
In the event that the applicant does not cause the site to be cleaned or fails to
collect garbage or refuse on adjoining or nearby properties that was
generated at the event, within 72 hours of the conclusion of the event (or
such further period as the Clerk may allow) the Municipality may cause the
deposit or other security to be used to pay the expense of that clean-up.
a) Any part of a deposit or other security not expended under subsection
shall be refunded, without interest, to the applicant.
b) Any expenditure by the Municipality for clean-up under this section in
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excess of the deposit may be recovered from the applicant or owner
as a debt due to the Municipality.
9.4 Any person who commits an offence under this By-law can be liable to pay a
fine of not less than Two Thousand Dollars ($2000) and not more than
Ten Thousand ($10,000) and, in default of payment, to a period of
imprisonment of a period of no more than two months.
9.5 In addition to any fine, a further penalty shall be imposed on any person guilty
of an offence comprising the costs incurred by the Municipality in bringing the
property in issue in compliance with the requirements of this By-law.
9.6 If any part, section, subsection, clause, or sub clause of this By-law is, for
any reason, held to be invalid by the decision of a court of competent
jurisdiction, such decision does not affect the validity of the remaining
portions of this by- law.
10. Forms
Form A - Application for Special Event
Form B - Application for Recurring Special Event
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This By-law is effective upon publication.
anda Mombo
Warden
This is to Certify That the foregoing By-law was passed
at a duly called meeting of the Council
of the
Municipality of the County of Richmond held on the 24th
day of April 2023.
GIVEN under the hands of the Warden and Clerk and
the seal of the Municipality this 24th day of April, 2023.
e
avid
Municipal Clerk
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FORM A -APPLICATION FOR SPECIAL EVENT
Please Print
1)
2)
NAME OF EVENT:
DATE: ------------
APPLICANT INFORMATION
a)
Applicant(s) Name ___________________________ _
b)
Driver's License No. and DOB ________________________ _
c)
Address _______________________________ _
d) Telephone Number(s)
Bus: _______ Home: ________ _
Cell: -------
e)
Business License No. ___________________________ _
f)
If Incorporated:
Date of Incorporation ____________________ _
Incorporation No. _____________________ _
Director's Names ----------------------
g)
Names, titles & cellular numbers of persons who will be on site at the event and who will have direct
authority and responsibility: _________________________ _
h)
Please list below the names and Business License Numbers of any companies or individuals that will be
selling merchandise at the event (ie: water food, clothing, jewelry, etc ... ) _________ _
3)
EVENT INFORMATION
a)
Name, address, and telephone number of owner or occupant of event location, if different from
Applicant: _______________________________ _
b) Will alcohol be served at the event?
c)
Will minors be admitted (18 and under)?
d) Age group of expected attendees: _______________________ _
e) Anticipated attendance: __________________________ _
f)
Proposed patron capacity: _________ Fire capacity: ___________ _
g) Type of entertainment: __________________________ _
h) Transportation options to and from the event (personal vehicle, shuttle, taxi, etc ... ): _____ _
i)
Vehicular parking arrangements (number & location): ________________ _
j)
Security Company & Business License No.: _______________
_
k)
Is the Security Company insured for late night events?
Special Events Application as per Special Events Bylaw
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.
I)
Will an additional policing presence be required during the event? If yes, how many? _____ _
m) Type of food and beverages available at the event: _________________ _
4)
REQUIRED ATTACHMENTS
a) Two copies of the completed proposal;
b)
A deposit of up toTwo Thousand Dollars ($2000);
c)
Proof of event insurance;
d) A letter from the property owner indicating their approval of the event;
e) Two copies of the complete security/operational plan that meets industry standards and include
provisions and details on:
a.
First aid,
b.
Severe weather,
c.
Security,
d.
Entrance and line control,
e.
Traffic control,
f.
Collection and disposal of solid waste, garbage and refuse during and after the event,
g.
A supply of potable water.
5)
APPLICANT COMMITMENTS
In executing this application, the Applicant and the owner of the site agrees to the following:
-
All aspects of the application are true and accurate.
-
Ensuring that potable water will be available to all participants.
-
To cover the cost of additional policing as proposed, presented and recommended by the RCMP.
(Payment for additional police officers will NOT be accepted in-lieu of security personnel).
Payment for the additional police officers is due prior to the issuance of the Permit and may be
made directly to the RCMP.
-
To ensure full access to the site for all emergency personnel.
-
To accept full responsibility for dealing with ticket holders in the event that a permit is not
approved by the Municipality of the County of Richmond.
-
Indemnification of the Municipality against liability associated with incident(s)
Applicants Signature & Print
Date
Special Events Application as per Special Events Bylaw
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FOR OFFICE USE ONLY
PLANNING DEPARTMENT
FIRE DEPARTMENT
Is the proposed location suitable?
Yor N
Max. fire capacity:
Are residential uses in close proximity? Yor N
Plans submitted/approved?
Yor N
Do you approve of this event?
Yor N
Do you approve of this event?
Yor N
Comments/Conditions:
Comments/Conditions:
Dir. Of Planning:
Fire Chief:
EMERGENCY MANAGEMENT OFFICE
RCMP
Operational Plan submitted/approved? Y or N
Security Plan submitted/ approved? Y or N
Do you approve of this event?
YorN
Do you approve of this event?
Yor N
Comments/Conditions:
Comments/Conditions:
EMO Coordinator:
S/Sgt:
NOTIFICATIONS
ADDITIONAL COMMENTS
Strait-Richmond Hosp:
Emergency Health
Services: Other(s):
PERMIT
Deposit Paid:
Yes
Yes
No
No
If no or a lesser amount, reason: _____________ _
Approved:
. If no, reason:---------------------------------
Approving Authority Signature (Municipal Clerk or Designate)
Special Events Application as per Special Events Bylaw
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FORM B - APPLICATION FOR RECURRING SPECIAL EVENT
Please Print
Name of the Event
Date Submitted : --------
Type of Event
Location of Event
______________ (funfest, festival, parade, concert, hike, etc ... )
Resources/ Activities
Street Closure
Excessive Sound
__ Tents/ Inflatables
Food Vendors
Alcohol/ Beer Garden
__ Lottery/ Fundraiser
Electrical Access
__ Fireworks/ PyroTechnics
* Updated Site Map
: Please Attach or Draw on the back of your application form
* Permission Obtained for use of Land : _________ (letter from registered land owner)
Event Set-up Date and Time
Event Operational Date(s) and Time
* Attach Updated Program
Event Tear-Down and Clean up
Projected Attendance
Request for Support
Request ,for Notice of Exemption for Noise Bylaw
Will Alcohol be served?
Have_ RCMP been updated for your event?
Has the local Fire Department been updated?
Will First Aid be on site?
Please identify in which of the following ways your event benefits our Community
__ Event is operated by or for a non-profit/ charitable organization
Event is a fund raiser for a local cause
__ Event is intended to attract visitors to Richmond County
__ Event is inclusive, accessible and available to the Community at Large
__ The Event contributes to the Enhanced Quality of Life in Richmond County
Contact Person : ------------
Phone ______ _
Other ________ _
Alternate
Phone
Other
-------
---------
* Attach proof of current insurance for this year's event
* Submit deposit to Clerk
SITE PLAN
__ I have read and Understand the Special Event Bylaw for the County of Richmond
Signature of Applicant _______________ _
Date: ---------
Signature of Clerk