Spontaneous unpermitted events.

Biloxi Code of Ordinances § 12-4-30

in effect

Sec. 12-4-30. - Spontaneous unpermitted events. The city has found and determined that some special events occur spontaneously, without a permit, especially if attendance is promoted through instantaneous, social media. (1) If an assembly develops into a special event spontaneously (and therefore without a permit) in either a commercial or non-commercial venue, it shall become the duty of all persons or entities (i) owning the subject property; (ii) able to control the event venue; and (iii) providing entertainment encouraging the assembly to take reasonable, diligent and constant measures to reduce the activity or circumstances which caused the assembly to become a special event that is for example but not limited to: a. Reducing occupancy to the permitted capacity of the venue or providing transportation to eliminate unpermitted off-site parking or vehicular or pedestrian congestion; or b. Providing the additional municipal type services needed to regulate event traffic, maintain the peace and protect the public health and safety. (2) The failure of any such person or entity to immediately after notice from the city make a reasonable, diligent and constant effort to reduce the event below the applicable criteria threshold shall be a violation of this law punishable by penalties specified in this article and any other applicable state laws. (3) The chief of police or his designee is authorized to approve actions to partially or slowly reduce the event if he or she finds (i) that such person is acting expeditiously and reasonably to employ feasibly available resources to address the issues after notice of the assembly has become a special event; (ii) that full and immediate elimination of the criteria threshold will not be feasible without intervention; and (iii) that it would be in the best interest of the public safety and welfare to intervene and taper down the event rather than shut it down entirely. If these three conditions are not met, the chief of police shall precede as outlined in subsection (4) below. (4) The chief of police or his designee is authorized to approve actions to suspend and shut down any spontaneous event which either: (i) the sponsor fails to control or bring the event within the applicable criteria threshold; (ii) partially or slowly reducing the event is not reasonably feasible; or (iii) it would be in the best interest of the public safety and welfare to immediately suspend and shut down the event. (5) Whether a spontaneous assembly has developed into a special event based upon attendance, vehicle congestion or a need for municipal services (as those services are defined in this article), or any combination of those three, shall be determined by an objective and reasonable examination of the totality of the circumstances at hand, including but not limited to the following factors: a. With respect to attendance and attempted attendance: 1. The size of the venue. 2. Whether the attendance is ticketed. 3. Actual attendance at prior, similar events. 4. The extent of commercial promotion and advertisement of the event, especially promotion outside of the county, by traditional or digital means, but excluding spontaneous social media not initiated, encouraged or orchestrated by a commercial event producer or any person acting on behalf of the event producer or any person with a financial or other personal interest in the event ("spontaneous social media"). 5. The extent of spontaneous social media encouraging attendance at the assembly. 6. Whether the location and configuration of the venue, and the nature and presence (sight and sound) of the event, will be likely to draw attendees or observers from the public at large. 7. The number in attendance and attempting to attend shall be determined by the chief of police or his designee using recognized or previously established law enforcement estimating techniques. b. With respect to actual vehicle congestion, the number of vehicles parked shall be counted, and the number attempting to park shall be determined by the chief of police or his designee using recognized or previously established law enforcement estimating techniques. c. With respect to municipal services actually required: 1. Repeated pedestrian trespass. 2. Repeated vehicular trespass. 3. Illegal parking. 4. Traffic congestion. 5. Apparent need for sanitation facilities as evidenced by public urination or other bodily functions. 6. Repeated and flagrant instances of illegal activity. 7. Repeated noise ordinance violations after notice, including differing offenders. 8. Unusual amount of trash being abandoned with no apparent resources available to clean up after event. 9. Unusual or repeated need for medical assistance. (6) For any unpermitted special event, the chief of police or their designee is hereby authorized to designate a special event zone and, for all areas within that zone, requiring additional traffic control and security measures including but not limited to: a. Require the placement of warning signs along each point of ingress/egress into or out of the special event zone. b. Place and enforce occupancy limits on private and public property in a special event zone. c. Assess a reasonable fee for all relevant costs and fees associated with designating and enforcing the special event zone, including, but not limited to, costs and fees for the provision of supplemental law enforcement, firefighter, emergency medical technician or paramedic, and sanitation services. d. For any special event which takes places in more than one event venue, the chief of police or their designee shall be required to establish a special event zone for all contiguous areas between the event venues reasonably necessary to ensure the public health, safety, and welfare. e. Application of any and all other special event rules, ordinances, or laws. (Ord. No. 2532, § 1, 10-24-23)

Source: City of Biloxi, Mississippi, Code of Ordinances and Land Development Ordinance (Municode Library, library.municode.com)URL: https://library.municode.com/ms/biloxi/codes/code_of_ordinances?nodeId=COOR_CH12LIBURE_ARTIVSPEVOR_S12-4-30SPUNEVFetched: 11/1/2026