§ 15-9. Regulation of certain activities at special events.
(a)
Purpose. "Special event" is defined as an event or festival or other recreational, cultural, entertainment, community or social awareness activity held to engage the community and promote tourism, showcase local talent, expose artists and performers to new audiences, invigorate community spirit, provide economic, health and wellness, or social benefits to a community or organization. Special events may or may not be sponsored or cosponsored by the town. These events shall be considered public recreation areas during the event, its set up, its breakdown, and the cleanup associated with the event. The purpose of this section is to protect and promote the public health, safety, welfare, and recreation, by regulating certain activities at the special event. The "special event boundary" is the location as described in the special event permits application.
(b)
Applicability. The provisions of section 15-9 shall apply within the special event boundary from 5:00 a.m. through or two hours after the close of the event, on the scheduled day of the event, or any rain date. The provisions of section 15-9 shall apply to all property located within the special event boundary.
(c)
Unlawful to operate bicycle or other wheeled vehicle. Unless pursuant to an officially approved activity, it shall be unlawful for any person to operate a bicycle, tricycle, unicycle, moped, skateboard, or any other wheeled vehicle, roller skates or roller blades (all hereafter referred to as "wheeled vehicle") within the special event boundary. For purposes of this section, "operate" shall mean the use, putting into action, or causing to function of a wheeled vehicle by a person mounted thereon. This subsection shall not apply to baby strollers, baby carriages, or devices reasonably necessary to assist disabled persons. This subsection shall not apply to wheeled vehicles operated with the authority of the police department, festival commission, or emergency medical personnel.
(d)
Unlawful to throw balls, etc. Unless pursuant to an officially approved activity, it shall be unlawful for any person to toss or throw a ball, frisbee, model airplane, or similar object within the special event boundary.
(e)
Unlawful to use fireworks at the special event. It shall be unlawful for any person to purchase, sell, deal in, transport, possess, receive, use, or cause to be used or discharged, any fireworks within the special event boundary. For the purpose of this section, "fireworks" shall include those non-exploding glow worms, smoke bombs, noisemakers, and sparklers that are described in G.S. 14-414(1) through (6) and "pyrotechnic" devices. This section shall not apply to officially approved fireworks displays.
(f)
Sales activities. Sales activities within the special event boundary are allowed as permitted by the special event's organizer. Sales activities outside of the special event boundary are permitted only in compliance with applicable provisions of the Apex Town Code of Ordinances.
(g)
Failure to cease activities. It shall be unlawful for a person within the special event boundary to fail to obey the command of a law enforcement officer to:
(1)
Cease the operation of a wheeled vehicle;
(2)
Cease the tossing, or throwing of a ball, frisbee, model plane, or other object; or
(3)
Cease exhibiting, displaying, offering for sale, or selling any merchandise, service, food or beverage, within the special event boundary.
(h)
Animals at the special event. Animals are prohibited within the special event boundary except as part of officially approved activities or as reasonably necessary to assist disabled persons.
(i)
Failure to comply. In addition to any other enforcement remedies provided by law, violators of this section will be asked to leave the event in an orderly fashion. Failure to comply with the request will subject the violator to issuance of a criminal complaint for trespassing.
(Ord. of 3-21-00, § 1; Ord. No. 07-1218-17, § 7, 12-18-07; Ord. No. 2017-0418-18, § 1, 4-18-2017)