Proposed Text
CHAPTER 150
REGULATIONS FOR PUBLIC USE OF ROBERT E. LEE MONUMENT, RICHMOND, VA
1VAC30-150-10. Purpose, applicability, and definitions.
The Robert E. Lee Monument, located at 1700 Monument Avenue, is the largest monument on the City of Richmond's Monument Avenue. The 60-foot high statue, composed of a granite base and 14-foot tall bronze equestrian statue of Robert E. Lee, stands in the middle of Lee Circle, a traffic circle at the intersection of Monument Avenue and Allen Avenue. The purpose of this chapter is to establish and codify regulations governing the use of this state-owned property. This chapter applies to the Lee Monument.
The following word or term when used in this chapter shall have the following meaning unless the context clearly indicates otherwise:
"Lee Monument" means the statue of Robert E. Lee and the surrounding 25,000 square feet of state-owned property located at 1700 Monument Avenue in the City of Richmond. The Lee Monument does not include the abutting sidewalk or streets, which are the property of the City of Richmond.
1VAC30-150-20. General rules.
The following rules apply to any person including permit applicants and permit holders at the Lee Monument.
1. The Lee Monument shall be closed to the public from sunset each night until sunrise the following morning.
2. Any event [ gathering ] that
is expected to draw 10 or more participants requires a special event permit.
3. The maximum occupancy of the Lee Monument is 500 persons.
4. There shall be no motor vehicles on the Lee Monument at any time.
5. No banners, flags, posters, or other objects shall be placed on or affixed to the statue itself.
6. No persons shall climb on the statue itself. This provision also applies to the steps of the statue.
7. Unlawful activity is prohibited.
1VAC30-150-30. Rules regarding permitted events.
A. All permitted events must be coordinated with the City
of Richmond to ensure that such event will not interfere with major vehicular
traffic within the traffic circle. The areas surrounding the Lee Monument are
residential zones. In conjunction with § 18.2-419 of the Code of Virginia and
the City of Richmond's noise ordinance level restrictions, events at the
grounds may only occur during the following hours, unless the times referenced
in this subsection conflict with subdivision 1 of 1VAC30-150-20: [ 1VAC30-150-20.A ]
1. Monday through Friday: 9 a.m. to 4 p.m. and 7 p.m. to 9 p.m.
2. Saturday: 9 a.m. to 9 p.m.
3. Sunday: 2 p.m. to 9 p.m.
B. Permitted events may last a maximum of two hours, with an additional 30 minutes to set up and 30 minutes to break down the event. If the City of Richmond will require road closure, permitted events will be authorized to last one hour, with an additional 30 minutes to set up and 30 minutes to break down the event. Permitted events shall not exceed these time parameters.
C. The following items and activities are prohibited on the Lee Monument, and any violation will result in an immediate revocation of the permit and removal from the Lee Monument:
1. Weapons: any pistol, rifle, shotgun, or other firearm of any kind, whether loaded or unloaded, air rifle, air pistol, paintball gun, paintball rifle, explosive, blasting cap, knife, hatchet, ax, slingshot, blackjack, metal knuckles, mace, iron buckle, ax handle, chains, crowbar, hammer, or any club, bludgeon, or any other instrumentality used, or intended to be used, as a dangerous weapon.
2. Bricks, stones, rocks, or pieces of asphalt or concrete.
3. Glass bottles, glass jars, or glass containers of any kind.
4. Tents, tables, scaffolding, or staging.
5. Penetration of the ground by any object.
6. Stick-holding placards.
7. Solicitations, sales, collections, or fundraising activities.
8. Food, alcohol, or beverages of any type.
9. Auxiliary and portable lights.
10. Open air burning. Hand-held candles with drip guards are acceptable.
11. The use of unmanned aircraft systems (drones).
12. Hazardous, flammable, or combustible liquids or materials.
13. Animals, except service animals that are individually trained to do work or perform tasks for people with disabilities.
14. Fossil-fuel powered generators.
15. Any mask, hood, or other device whereby a substantial portion of the face is hidden or covered unless otherwise permitted by law.
D. Nothing in this chapter shall prohibit a disabled person from carrying, possessing, or using a wheelchair, cane, walker, or similar device necessary for providing mobility so that the person may participate in a permitted event.
E. Nothing in this chapter shall prohibit certified law-enforcement officers or other public safety officials acting in their official capacity from carrying or possessing materials, weapons, or devices used in the performance of law-enforcement duties.
F. Certain portions of subsections A, B, and C of this
section may not apply to established events that have been approved for more
than three consecutive years within [ by ] the Commonwealth
[ Department of General Services ] or [ and ]
the City of Richmond permitting processes prior to the enactment of this
regulation.
1VAC30-150-40. Special event permit process.
A. Requests for a special event permit must be submitted in
writing, on the forms required by the Department of General Services, and must
be submitted to the Director of the Division of Engineering and Buildings
[ Department of General Services ] at least 45 days
prior to the requested event date.
B. All applications shall contain at a minimum, the following information:
1. Type and purpose of event, meeting, or function.
2. Name, address, telephone numbers, and email address of the applicant.
3. Name of the organization, date of origin, status (corporation, unincorporated association, partnership, nonprofit corporation, etc.), address, and telephone numbers. If applicable, the federal tax ID number, registered agent's address, telephone numbers, and email address.
4. Organization's primary point of contact, to include name, title, permanent address, telephone numbers, and email addresses.
5. Organization's primary and alternative point of contact who will be on-site at the Lee Monument for the event, to include name, address, telephone numbers, and email addresses. The organization's on-site primary point of contact shall be responsible for the conduct of participants at the event.
6. If the event is designed to be held by, on behalf of, or for any person other than the applicant, the applicant shall file with the director written documentation from the person or organization seeking to host the event, authorizing the applicant to apply for the permit on behalf of the person or organization.
7. The estimated number of participants for the event. The maximum occupancy for the Lee Monument is 500 persons.
8. Requested date and start and end times.
9. Whether the event is being advertised, to include advertising on social media platforms.
10. Proof that all needed permits [ permit
applications ] have been submitted to the City of Richmond, to
include a road closure permit if necessary. The applicant understands that if
the City of Richmond will require road closure, authorized events will be
permitted to last one hour, with an additional 30 minutes to set up and 30
minutes to break down the event. All events will begin at the agreed upon time
and must fall within the allowable time periods addressed in this section.
11. List of requested items or equipment to be used during the event.
[ 12. Waste management plan and a point of contact for the plan, including name and telephone number. ]
C. Notwithstanding the 45-day requirement for a special event permit, the applicant may apply for a permit for an event that is proposed to be conducted in less than six days, provided:
1.The applicant submits a completed special event permit application in accordance with this chapter.
2. A showing by the applicant, in writing, clearly describing why the circumstances giving rise to the proposed event did not reasonably allow the applicant to apply for a permit within the 45-day time period.
3. The event has not been planned for more than six days in advance of the proposed event.
4. Proof that all needed permits [ permit
applications ] have been submitted to the City of Richmond, to include
a road closure permit if necessary. The applicant understands that if the City
of Richmond will require road closure based on the size of the event,
authorized events will be permitted to last one hour, with an additional 30
minutes to set up and 30 minutes to break down the event. All events will begin
at the agreed upon time and must fall within the allowable time periods
addressed in this section.
D. Permit applications may be submitted up to one year in
advance of the proposed event. The Director of the Division of Engineering
and Buildings shall not grant final approval until proof that a permit has been
approved by the City of Richmond, to include a road closure permit if
necessary.
E. The Director of the Division of Engineering and
Buildings [ Department of General Services ]shall take
action on all permit applications within 10 [ (ten) ] business
days of receiving a [ complete ] special event permit
application, and within three business days of receiving a special event
permit that is proposed to be conducted within six days of the application as
outlined in subsection C of this section. All actions by the director are
pending proof of a final determination from the City of Richmond on whether any
permits, to include a road closure permit, are required by the city. If any
permits are required by the city, the applicant shall be required to furnish
proof to the director that the proper permits have been obtained
[ as soon as practicable but not more than 3 (three) business days
for applications submitted for events to be held within 6 (six) business days.
If no permits are required by the City of Richmond, the Department shall
approve or deny the application within 10 (ten) days. If one or more
permits are required by the City of Richmond the Department shall acknowledge
receipt of the application within 10 (ten) business days, but the Director of
the Department of General Services shall not grant final approval until proof
that all permits required by the City, to include a road closure permit, have
been issued].
F. The Director of Engineering and Buildings (director)
[ the Department of General Services ]shall deny a request for
a permit if:
1. Another application has been previously submitted with a request for the same date and time;
2. Upon advisement from law enforcement, the director determines that approving the permit and allowing the event to occur would pose a significant threat to public safety;
3. Any of the conditions are not agreed to by the applicant;
4. The director concludes that the event could not possibly conform to the conditions prescribed in this chapter;
5. Any of the information contained in the application is found to be false or inaccurate; or
6. The City of Richmond denies a needed permit.
G. If a permit request is denied, the director shall send, in writing, an explanation of why the event permit was denied and if applicable, provide the applicant with alternative times or dates.
H. If a permit is denied due to a preexisting application for the same time and date, the director shall notify the applicant if the originally requested date and time become available.
I. Authorization for the use of the Lee Monument will be set forth in a letter addressed to the applicant.
J. The director or his designee may contact the applicant and the event organizer at any time to discuss or clarify the contents of the application or any additional conditions or restrictions to be applied.
1VAC30-150-50. Permit holder responsibilities.
A. The event organizer is responsible for providing a safe and secure event and may be required to provide general security, crowd control, and assistance to participants based on the size of the event. If general security is required, [ by the Commonwealth ] it shall be provided by law-enforcement personnel licensed by the Commonwealth of Virginia.
B. By submitting an application for a special event permit under this chapter, the applicant understands the following statements and conditions and agrees to comply with all rules, conditions, and restrictions:
1. The applicant agrees to all prohibitions and restrictions identified in this chapter;
2. The applicant and organization agree to indemnify the Commonwealth of Virginia against any loss or damage to the monument that may occur in connection with the applicant or event organizer's use of the property;
3. The applicant agrees to leave the premises clean and
orderly. The applicant will provide a waste management plan and a point of
contact for the plan;
4. The applicant and participants agree to obey all state and local laws and ordinances;
5. The applicant agrees to notify law enforcement, to include the Division of Capitol Police, if any unlawful activities occur during the permitted event. In addition to 9-1-1, the applicant should call the Capitol Police emergency number at (804) 786-4357. For nonemergencies, applicants should call (804) 786-2568;
6. Unlawful activities will be handled by law enforcement, to include the Division of Capitol Police; and
7. The applicant shall be required to notify the Director of
the Division of Engineering and Buildings [ Department of
General Services ] of any changes to the information contained in the
permit application as soon as practicable.
C. Violations of this chapter shall result in immediate
revocation of the permit by the Director of the Division of Engineering and
Buildings [ Department of General Services ] or his
designee, and in the event such revocation occurs, all participants shall be
required to immediately vacate the monument. Failure of any person to
immediately vacate the monument after proper notice shall be considered
trespassing in violation of § 18.2-119 of the Code of Virginia.