Pop-up events; local enhanced enforcement actions.

A BILL to amend the Code of Virginia by adding a section numbered
15.2-925.2
, relating to unpermitted temporary gatherings; local enhanced enforcement actions.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered
15.2-925.2
as follows:

§
15.2-925.2
.
Pop-up events; local enhanced enforcement actions.

A.
As used in this
section
, unless the context requires a different meaning:

"
Pop-
u
p
e
vent
"
means any unpermitted, temporary gathering, activity, or event
,
whether pre-planned or occurring spontaneously
,
where more than 50 individuals attend or are expected to attend
,
and
that
present
s
a potential risk to public health, safety, or welfare

or
may significantly disrupt normal community operations.
Such normal community operations
include

disruptions to traffic flow, commercial activity, neighborhood tranquility, or access to public spaces.

"
Pop-
u
p
e
vent
z
one
"

or "zone"
means a contiguous area on or along a roadway, street, or highway
that
is designated by warning signs.
"Pop-up event zone"
includes all parking structures
and
parking lots and any other property, whether public or private, immediately inside, adjacent to, or along the designated area.

B.
Any locality
may by ordinance
establish
pop-up
event
zones
. A
local governing bo
dy's presiding officer
, a
locality's c
hief law-enforcement officer
,
and

a locality's
c
hief
administrative officer
shall be in concurrence to activate
such

zone
.

C.
A pop-up event ordinance shall require:

1.
A
dvance
n
otification
.

A l
ocalit
y

shall
notify the public through
an
online webpage and social media accounts operated by the locality prior to activating a
p
op-
u
p
e
vent
z
one, providing as much advance notice as is practicable
; and

2.
A

p
ublic
i
nformation
w
ebpage
.
A dedicated webpage
shall
be launched detailing all enhanced enforcement measures, including
descript
ion
s of the following
:

a.
A
ny reduced speed limits
,
with specific new limits clearly listed
;

b.
C
urfew times for unaccompanied minors
,
with exact start and end times
;

c.
A
ny occupancy limits that are put in place
;

d.
Z
one
s
ignage at
e
ntry and
e
xit
p
oints

where
c
learly visible signage
will be
posted at each point of ingress and egress of the
p
op-
u
p
event z
one, informing the public that a
z
one is active and that traffic fines are
increased
within the zone
;
and

e.
S
peed
l
imit
s
ignage
,
if applicable
.
If speed limits are reduced within the
pop-up event
zone,
the webpage will note that
additional signage
shall
be displayed to clearly indicate the new speed limit to motorists. Electronic messaging boards will satisfy this requirement
.

D.
The ordinance shall grant
a locality
the authority to
take
the following enhanced enforcement
actions:

1.
D
eclare the pop-up
event
zone a gun
-
free zone
;

2.
E
stablish e
nhanced
t
raffic
f
ines

within the
p
op-
u
p
event

z
one, not to exceed $1,000 per violation
;

3
.
E
stablish t
emporary
s
peed
l
imit
r
eductions within the
pop-up event
zone to enhance pedestrian and vehicular safety
;

4
.
E
stablish and enforce occupancy limits on both public and private property within the
z
one
;

and

5
.
D
eclare a c
urfew for
u
naccompanied
m
inors
.
A
curfew may begin as early as 6:00
p.m
.
and shall (i)
specify the hours of the curfew and the geographic area to which the curfew applies
and
(ii)
contain exceptions for

(a)
a
ny person traveling to or from home, work, or a place of worship
;

(b)
m
edical personnel
;

(c)
m
embers of the press
;

(d)
f
ederal, state, and local employees and volunteers engaged in official business, including emergency response
;

(e)
m
ilitary personnel, including National Guard troops
;

(f)
t
ravel to or from public meetings of the local governing body
;

(g)
p
ersons seeking emergency services or fleeing any emergency or danger or acting to save other persons from an emergency or danger
;
and

(h)
p
ersons who are incapacitated or who are seeking medical care for themselves or others.

E.
The ordinance shall grant
a locality
the authority to recover all relevant costs and fees incurred from the designation and enforcement of the zone directly from event organizers.