I'm pushing an initiative in my City. Thoughts and comments?

[Pab Sungenis]

The organizers of the Reading/Leeds Festival (the home of the famous Leeds Festival Riots of 2001, 2002, and 2005) are trying to buy a patch of land in my town, out in farm country, to hold a similar festival. They tried to tell us at a public meeting that they expect less than 30,000 people, but told the Philadelphia Inquirer that they're expecting 150,000...three times the City's population.

The Mayor and Council are already bought and paid for, so I intend to circulate a petition to put an ordinance on the books regulating (if not stopping) this and similar festivals. I would appreciate the comments and opinions of people on DU before I circulate the final text. Here's my proposed ordinance:

CITY OF VINELAND
Cumberland County, New Jersey

“Vineland Festival Regulation Act”

I. Short Title: This ordinance may be cited as the “Vineland Festival Regulation Act” and is referred to below as the “Act.”

II. Findings:
A. The people of the City of Vineland find that homeowners and residents have the right to quiet enjoyment of their homes and properties, and to the security of their persons and property.
B. That local business owners have a right to equal access to any business opportunities within the limits of the City.
C. The protection of these rights is the paramount responsibility of the government and officials of the City, and must be taken into account in all decisions made by the municipal government.

III. Purpose: This Act seeks to safeguard the rights of homeowners, residents, and business people within the limits of the City of Vineland, and specifically those in close proximity to current or proposed music festivals.

IV. Definitions: For the purposes of this Act....
A. “Residential Area” shall refer to any area within the limits of the City of Vineland not specifically zoned for commercial or industrial use prior to January 1st, 2007.
B. “Festival” shall refer to any outdoor concert or series of concerts performed within the limits of the City of Vineland subsequent to passage of this Act.
C. “Resident” shall refer to any person listing their main address as being within the City of Vineland for not less than one year.

V. Requirement of Bond:
A. Any Resident of the City of Vineland wishing to hold a Festival within a Residential Area shall be required to post a bond of not less than one million dollars ($1,000,000) not less than six months prior to the scheduled date of such Festival.
B. Any person or persons not a Resident of the City of Vineland wishing to hold a Festival within a Residential Area shall be required to post a bond of not less than ten million dollars ($10,000,000.00) with the City not less than six months prior to the scheduled date of such Festival.
C. Costs for municipal services, including public safety, may be deducted from said bond prior to its refund at the conclusion of said Festival.

VI. Limit on Attendance: Any Festival taking place within a Residential Area shall have its attendance limited to no more than ten thousand (10,000) persons at one time, inclusive of performers, vendors, technical, and support staff, and no more than thirty thousand (30,000) aggregate persons during the total length of said Festival.

VII. Limit on camping: The number of campers allowed to take up temporary residence within Festival grounds, exclusive of performers, vendors, technical, and support staff, shall not exceed three thousand (3,000) persons.

VIII. Primacy of Local Vendors: Whenever possible, preference must be given for all food, beverage, support, service, and other concessions within the limits of the Festival to businesses owned and operated by Residents of the City of Vineland.

IX. Primacy of Local Acts: Whenever possible, not less than ten percent (10%) of all performers at any Festival shall come from within a thirty mile radius of the City of Vineland.

X. Limitation of hours:
A. No performances at any Festival begin prior to 1 P.M. local time.
B. No performances at any Festival may end after 11 P.M. local time Sunday through Thursday, nor after 12 Midnight local time Friday or Saturday.
C. No audible music may be played at any level by promoters of or performers at said Festival before the above mentioned start times, or after the above mentioned ending times.

XI. Limitation of noise:
A. At no time shall the observable volume level from any Festival within a Residential Area be above 40 decibels at any home in close proximity to the Festival grounds.
B. At no time shall the observable volume level from any Festival within a Residential Area be above 30 decibels on any farm in close proximity to the Festival grounds.

XII. Parking Limitations:
A. There shall be no on-street parking on any municipal street less than four lanes wide within a ten mile radius of the location of any Festival within a Residential Area for the duration of that Festival. Vehicles illegally parked on those streets during the Festival shall be liable for a fine of up to $5,000.00, and shall be towed by the City at the vehicle owner’s expense.
B. No unauthorized parking shall be allowed on private property in close proximity to the location of any Festival within a Residential Area for the duration of that Festival.
1. Vehicles parked without authorization on private property shall be towed by the City at the request of the property owner or resident of a rental unit, at the expense of the vehicle owner.
2. Vehicles illegally parked on private property during a Festival shall by liable for a fine of $10,000.00, which shall be paid half to the general fund of the City of Vineland, and half to the property owner affected.
C. The City shall be authorized to issue parking permit stickers to property owners and residents in close proximity to a Festival, to identify them as authorized vehicles within a property.

XIII. Ineligibility: Neither City Council, the Office of the Mayor, nor any City agency may issue a permit for a Festival to any person or entity previously convicted of more than one violation of this Act.

XIV. Enforcement:
A. Except where specified within this Act, penalties for violations of this Act may be specified by the City Council.
B. Any person who prevails in a civil action to enforce any provision of this Act, or whose complaint is instrumental in obtaining relief, shall be entitled to costs and a reasonable attorney fee, as determined by the Court, to be payable by the violator, or by the City of Vineland from the bond posted by the violator.

XV. Effective Date and Scope: This Act shall take effect on the sixtieth (60th) day after enactment and shall be published as required by law. This Act shall have power over any Festival taking place within the City of Vineland after its effective date, regardless of what date any permits may have been issued by the City.

XVI. Construction: This Act is remedial and shall be liberally construed to effectuate its findings and purposes.

XVII. Saving Clause: If any portion of this Act shall be declared to be unconstitutional, invalid, or inoperative, in whole or in part, by a court of competent jurisdiction, such portion shall, to the extent that it is not unconstitutional, invalid, or inoperative, remain in full force and effect, and no such determination shall be deemed to invalidate the remaining portions of this Act.

XVIII. Repealer: All ordinances inconsistent with the provisions of this Act are repealed to the extent of such inconsistency.

Thoughts?

[mcscajun]

1. Well, your proposed ordinance certainly seems tailored to stop festivals in their tracks.

Have you modeled this on existing ordinances in any other communities?

[Pab Sungenis]

4. Actually....

...a lot of it was based on what the promoters themselves "promised" at the public meeting that was suddenly sprung on all of us with no warning. They were the ones who came up with the 30,000 number, so I used their number. They promised it wouldn't jam up local streets, so I took them at their word with the street parking ban. (This was also something the people in the neighborhood asked for.) They said that they would be willing to use local vendors and acts, so I decided to require it.

The bond requirements were based upon their track record with previous festivals. They stuck the town of Leeds with a £625,000 bill in 2001, enough to get them kicked out town until they won a lawsuit to come back.

The noise requirements were based upon local and area noise ordinances. They said the acts would end at midnight, so I wrote that requirement in (but blocked them from playing recorded music until 3 AM like they said they wanted to).

As for impact on the local economy, their own plans call for directing cars off of NJ Route 55 onto a back street, through residential areas, to the site, with no local businesses in the way. They intend to offer campsites for all attendees, and provide every service needed (even churches!) for festival goers. Their admitted desire is that everyone drives in Thursday night and drives out Monday morning. This won't help our local economy in any way.

[T Wolf]

2. Sounds like you want to keep the wrong kind of people out of your town.

I guess you never go to any large gatherings yourself, right?

NIMBY alert.

[nebenaube]

3. I wouldn't support it...

We have two large festivals here one country, one has-been rock bands. The country shows usually have at least one fatality and hundreds of drunken brawls. The show with has-been rock bands has it's share of fights and causalties but now so much as the former. In either case the local economy takes in up to 10 million on those weekends. I think your idea sucks... but go ahead, sacrifice the revenue.