2 - County Events

Presented and Sponsored by Board Member: Larry_Gallahan

Be it enacted by the County Councillors and County Commissioners here assembled that

THE BOARD OF NEW HAVEN COUNTY ENACTS

Section I - Definitions

1. Relevant Authority - The Sheriff of New Haven County, or his appointed subordinate.
2. Approved Event - Any event whose organisers have applied to the relevant authority for approval and ben granted approved status by that authority.
3. Disorderly Conduct - The misdemeanor offence as defined by the Mayflower Criminal Code.
4. Event Organiser - The event organiser is an individual who can show personal involvement in the planning of an event, to the satisfaction of a relevant authority. In the case of an event held by a government department or incorporated entity then the organiser should show, to the satisfaction of a relevant authority, that their position allows them to organise events on behalf of the entity of which they are a part.
5. Event Boundary - The boundary of an approved event, an area within which it becomes an offence of Disorderly Conduct to attempt to interrupt the smooth running of said event. Event Boundaries should be the minimum required area to provide effective security for the event and, where possible, should be illustrated through the use of an aerial map or photograph.

Section II - Text

1. In order the provide for the provision of effective security for approved events held within the county, this ordinance provides a legal basis for the arrest of individuals who endanger the security of an approved event.
2. In order for an event to be considered an ‘approved event’ the event organiser must apply to a relevant authority for approval prior to the beginning of the event and must, to the satisfaction of that relevant authority, show that approval is required for one or more of the following reasons;
   1. The event is likely to be met with violence.
   2. The event will be attended by individuals who are likely targets of violence.
   3. If the event was not granted approved status then it would be impossible to conduct the event satisfactorily.
3. In order for an approval request to be accepted it should, in most circumstances, contain at least the following information;
   1. Name of individual or entity responsible for the event.
   2. Detailed description of the area in which the event is to take place, including the event boundary.
   3. Date and time in UTC when the event is to both begin and end.
   4. Purpose of the event and any reasons why approval is being requested.
   5. Any individual appointed by the event organiser with the authority to permit entrance to an approved event
4. Whether those reasons for approval listed in Section (b) apply to a request for approval by an event organiser is entirely based on the opinion of the relevant authority responsible for the request.
5. When an event is approved, following a successful application by an event organiser, the relevant authority is responsible for considering what security arrangements, if any, need to be made.
6. If a request is approved by the relevant authority then during the times listed on the approval request, per Section (c.iii), it will be an offence to either cross the event boundary without leave from either an event organiser, their appointed subordinates, or a peace officer. It will also be an offence to fail to leave the area inside the event boundary when ordered to do so by an event organiser, their appointed subordinates, or a peace officer.
7. Members of any police force, fire, or ambulance service are exempt from the provisions in Section (f) whilst acting on behalf of the organisation through which they claim exemption.
8. Any individual who commits an offence under Section (f) is to be removed to an area outside the event boundary by a peace officer if their removal is deemed necessary by that, or any other, officer or event organiser, or an individual listed under Section (C.v) of this ordinance. In any case where an officer believes that removal to a place outside the event boundary is not appropriate, then, by the use of their own discretion, they may choose to make an arrest against an individual who has committed an offence under Section (f) for Disorderly Conduct.
9. Any relevant authority has the ability to approve an event in the absence of an approval request from an event organiser if that authority believes there is reasonable grounds to do so, and that any application by an event organiser would be successful.
10. No offence may be committed under Section (f) if the individual who would have otherwise committed an offence under that section is taking part in one of the following activities;
    1. The individual is heading directly to a polling station;
       1. If the individual is subject to this defence under the act but has committed an offence under Section (f) then the option for officers to escort the individual directly to a polling station and then escort them to a point outside the event boundary is available. In any case, officers should not use powers granted under this ordinance, unreasonably, to arrest or detain individuals who are in transit to any polling station.
       2. Owing to the inability for individuals who do not hold citizenship to vote, this defence will not apply to those on the ‘tourist’ team.
    2. The individual is heading through an event to gain access to private property;
       1. In this case, the individual should be allowed to pass the vent boundary to gain access to property which they are responsible for. Officers should seek to make allowances for any individual to whom this provision applies.
          1. Individuals subject to this defence may still be removed to a place outside the event boundary or charged with disorderly conduct if, while heading directly through the area of an approved event, they make attempts to interrupt the conduct of that approved event.
11. No charge may be brought for an offence under Section (f) unless reasonable measures have been taken by either peace officers or event organisers to indicate that an event is taking place in that area or to make a visual or physical boundary which a reasonable individual could expect to understand as constituting an event boundary;
    1. Examples of such reasonable measures include;
       1. Publication in Mayflower Announcements of the existence of an event boundary;
       2. The erection of cones and/or barriers around the event;
       3. The posting of police officers around the event;
    2. If the only reasonable measure taken to indicate there is an event taking place is a notice under Section (l.i.1) then prior to taking any action, an officer or event organiser must make a verbal warning to an individual who is committing or has committed an offence under Section (f) and give a reasonable opportunity for them to leave. This verbal warning satisfies the requirement for reasonable measures to be taken under Section (l).

Section III - General Provisions

1. Upon this County Ordnance being published, it shall go into effect immediately. All conflicting Municipal Ordinances & County Ordinances will be declared null and void.

---

Last update: May 8, 2020