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Thursday, April 22, 2010

Law mandates noise levels, vendors, drinks

Law mandates noise levels, vendors, drinks
By Janelle Frost - jfrost@thesunnews.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it

ATLANTIC BEACH -- Council members approved changes Monday to the town's ordinance regarding vendors, alcoholic beverages, traffic plans, and the use of golf carts during this year's Memorial Day Bikefest.

Town officials said the ordinance needed to be revised because certain activities that take place during the annual motorcycle festival are in conflict with the town's current ordinance.

The new ordinance allows certain exceptions for Bikefest so it does not violate the town's ordinance, said town attorney John Zilinsky prior to Monday's special-called meeting.

The modifications, according to the new ordinance, include:

Alcoholic beverages will be sold only with the appropriate license and permit displayed in designated areas defined by the town.



Those areas will be determined by the town's police chief.

All vendors will be restricted to a stationary position, and Bikefest organizers will approve or disapprove all amplified entertainment activity.

A traffic plan will be developed that will restrict bike, automobile and pedestrian traffic to certain sections of the town.

Golf carts will be used by law enforcement and Bikefest personnel to operate the festival and protect patrons within the town.

The council's approval Monday comes after resident Paul Curry filed a lawsuit against the town in 2008 claiming that the town was not following its ordinance regarding noise, golf carts and alcohol during Bikefest.

The Town Council approved a resolution in January that addressed those issues and more, but Zilinsky advised that a resolution does not supersede an ordinance, so the town had to put those changes officially into law.

A hearing regarding Curry's suit was rescheduled for today, but it has been moved to Monday according to Curry and town officials.

Zilinsky said Monday that the hearing may no longer be necessary because he and Curry's attorney may have reached a settlement.

The Atlantic Beach town attorney would not give details of the agreement, saying it would have to be signed, which could happen before the court hearing on Monday.

Curry said he is unaware of any settlement and was only told by his attorney's office that the hearing date was changed.

Curry said any settlement would have to be approved by him, because he's the client.

Curry's attorney, James E. Bain, could not be reached Monday for comment.

This year's four-day festival will be held May 28-31.

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