*Cross-reference: Board of appeals, see Sections 150.75 through 150.82; zoning commission, see Section 150.95; planning commission, see Chapter 151.

There is created a board of police commissioners consisting of three members, as provided by statute. (Ord. 627, passed 8-5-69; Am. Ord. 1582, passed 7-15-03)

Cross-reference: Civil service examination fees, see Section 33.35.

The board of fire and police commissioners shall be appointed by the mayor, by and with the consent of the city council. The terms of office of the members of the board of police commissioners shall be three years and until their respective successor shall be appointed and qualified. However, no such appointments shall be made by any mayor within 30 days before the expiration of his term of office; and the mayor shall appoint the first members of the board, one of whom is appointed to serve until the end of the current municipal year in which the appointment is made, another shall serve until the end of the municipal year next ensuing, and the third shall serve until the end of the municipal year second next ensuing. Each of the first members of the board shall serve until his successor is appointed and qualified. (Ord. 627, passed 8-5-69; Am. Ord. 1582, passed 7-15-03)

The members of the board of police commissioners shall have such qualifications as are now, or may hereafter be, required by law. Each member of the board of police commissioners shall take oath or affirmation of office conditioned for the faithful performance of the duties of his office. The members of the board of police commissioners shall be subject to removal from office in the same manner as other officers of the city. (Ord. 627, passed 8-5-69; Am. Ord. 1582, passed 7-15-03)

The board of police commissioners shall have such powers and duties as are now, or as may hereafter be, given to it by law. (Ord. 627, passed 8-5-69; Am. Ord. 1582, passed 7-15-03)

*Prior History: Ord. 868

There is established and created, the city of Wilmington economic development commission. (Ord. 1263, passed 10-21-97)

The commission shall be composed of five members, appointed by the mayor of the city, with the advice and consent of the city council. The mayor shall annually select the chair of the commission, who will serve in the capacity until his/her successor is appointed. The mayor is an ex-officio but voting member of the commission. All members serve without compensation. (Ord. 1263, passed 10-21-97)

The members of the commission will be appointed for a term of two years, expiring on the first day of May of the term expiration year. Three members of the initial board shall be appointed for a two-year term, while two members of the initial board shall be appointed for a one-year period. In the event of vacancy, the appointment shall be for the unexpired term of the member. (Ord. 1263, passed 10-21-97)

The city economic development commission shall have such duties as may be from time to time delegated to it by the mayor or the city council, which duties shall include:
(A) Establishing programs, activities and informational systems to promote and encourage the economic growth and development of the city.
(B) To provide demographic, census, economic, cultural, recreation and other community information to potential developers, industries, businesses, who may wish to locate within the city or its immediate environ.
(C) To encourage and foster the continued growth and economic climate for existing businesses and industries in the city and its immediate environ.
(D) To make recommendations to the city regarding its economic development.
(E) To coordinate other community, economic and commercial development programs.
(F) To assist the city downtown revitalization committee in its efforts for streetscape improvements and otherwise foster the development of the economic climate in historic downtown Wilmington.
(G) To coordinate efforts to obtain financial state and federal aid, grants, loans and programs for the economic development of the city.
(H) To perform various other functions to benefit the economic vitality and strength of the city. (Ord. 1263, passed 10-21-97)

(A) At least monthly, the commission shall report its activities, plans, and possible program to the city council.
(B) The commission shall have no authority to legally bind the city in any agreement, contract or representations. Its recommendation on those issues must be presented to, and if accepted, approved by the city council.
(C) The city council must approve any expenditures of funds requested by the commission. (Ord. 1263, passed 10-21-97)

(A) There is hereby recognized and declared to be a Catfish Days celebration in the city, and the period of Wednesday immediately preceding the first Sunday in August through the first Sunday in August is declared to be the recognized and official time for conducting such celebration.
(B) There is hereby established a committee of not less than five nor more than 15 to be members hereafter known as the Catfish Days coordinating committee who shall be appointed by the mayor. Such committee shall not have any power to bind or obligate the city but its duty shall be to coordinate all activities and events during Catfish Days and issue festival activity permits for scheduled activities. (Ord. 873, passed 3-15-83)

For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“Beer garden.” Any area outside of or adjoining any place of business licensed as a Class A, Class C, Class D, or Class E licensee under the provisions of Chapter 112 of this code used for the purpose of selling or serving alcoholic liquor; provided that only the type of alcoholic liquor permitted on the licensed premises shall be allowed in the “beer garden.”
“Catfish Days coordinating committee.” The officially designated and appointed committee whose function shall be to define, approve, and coordinate scheduled events for Catfish Days.
“Festival activity permit.” A permit issued by the Catfish Days coordinating committee indicating that the activity or event is a scheduled activity.
“Outside entertainment.” Any musical performance or musical program that is given out of doors, in a tent, or other temporary building.
“Scheduled activity.” An activity or event that has been properly and timely scheduled with the Catfish Days coordinating committee.
“Unapproved activity.” An activity or event that has not been properly and timely scheduled or approved by the Catfish Days coordinating committee.
(Ord. 873, passed 3-15-83; Am. Ord. 906, passed 4-17-84)

All scheduled activities shall be submitted to the Catfish Days coordinating committee for its approval before March 31 of the year of the celebration. The Catfish Days coordinating committee shall report all scheduled activities to the city council on or before the second regular meeting of the council in April of the year of such celebration. Any activity or event not approved by the Catfish Days coordinating committee or properly or timely scheduled shall be an unapproved activity and shall not be entitled to recognition or sanction as a Catfish Days event. In addition, such unapproved activity shall be responsible and pay for or reimburse the city for the cost of security, crowd control, traffic control, and adequate sanitation facilities. No permits required from the city shall be issued to any unapproved activity until the cost of security, crowd control, traffic control, and adequate sanitation facilities is paid. The Catfish Days coordinating committee shall set its own fees for scheduled events and activities. The committee shall pay to the city general fund a sum to be set by resolution to defray expenses of the city in connection with Catfish Days. (Ord. 873, passed 3-15-83; Am. Ord. 906, passed 4-17-84)

No outside entertainment shall be allowed during Catfish Days Celebration week except during the hours of 12:00 p.m. through 11:30 p.m. on Wednesday and Thursday; between the hours of 12:00 p.m. on Friday and 1:30 a.m. the following Saturday; between the hours of 12:00 p.m. on Saturday and 1:30 a.m. the following Sunday; and between the hours of 12:00 p.m. on Sunday until 9:00 p.m. on that same Sunday. (Ord. 906, passed 4-17-84) Penalty, see Section 10.99

(A) Conditions of operation. No beer garden shall be operated during Catfish Days Celebration week except upon the following conditions:
(1) The area operated as a beer garden shall be adequately fenced with a snow fence no less than four feet high.
(2) The beer garden shall have one or more entrances or gates not to exceed four in number, of not more than five feet in width each.
(3) No person under the age of 21 years shall enter a beer garden, except in cases where a beer garden is selling food; and in that event a person under the age of 21 years, when accompanied by his parents or legal guardian, may enter the beer garden with the parent or legal guardian and remain there with the parent or legal guardian until 9:00 p.m. After 9:00 p.m., no person under the age of 21 years shall be allowed in the beer garden. It shall be the responsibility of the owner, operator, and employees of the beer garden to enforce the time limits set above and to remove persons under the age of 21 years from the beer garden after 9:00 p.m.
(4) No person under the age of 21 years shall be allowed to consume, purchase, or possess any alcoholic liquor in a beer garden. It shall be the responsibility of the owner, operator, and employees of the beer garden to enforce this age provision by providing a responsible person or persons to check and establish the age of each person consuming alcoholic liquor within the beer garden.
(5) Any violation of this section, state law, or other local ordinance, or any disorder, fighting, or lewd operations will result in the suspension of the beer garden license for the day of that violation, in addition to any other penalty as provided by law.
(6) Each beer garden shall provide and maintain such number of portable sanitary facilities as may be required by the Catfish Days coordinating committee.
(7) All beer gardens shall obtain a license to operate and pay the fee as hereinafter specified in division (B) below.
(B) Permits and permit fees for beer gardens. Any business licensed as a Class A, Class C, Class D, or Class E licensee under the provisions of Chapter 112 of this code, desiring to operate a beer garden during Catfish Days, shall obtain a beer garden license, as follows:
(1) An application shall be made at least 30 days prior to Catfish Days Celebration to the local liquor commissioner on a form acceptable to the commissioner, and the form shall be completed by the applicant.
(2) The applicant shall agree to pay, within five days after the close of Catfish Days, a permit fee calculated as follows:
(a) For each day’s operation between 12:00 p.m. and 6:00 p.m., a fee of $35 shall be charged for each entrance or gate to the beer garden.
(b) For each day’s operation between 6:00 p.m. and the closing hour, the fee shall be $90 for each entrance or gate to the beer garden.
(c) The applicant shall agree that the fee above provided, if not paid within five days after the close of Catfish Days, will be added to the amount due and payable for applicant’s Class A, Class C, Class D, or Class E license when the same is next due for renewal.
(d) No charge or fee shall be charged for any exit used solely as an emergency exit. (Ord. 906, passed 4-17-84) Penalty, see Section 10.99

Mud volley ball participants shall shower or clean-up only in areas designated for their use. No participant shall leave the volley ball area, except to go to and from the shower or clean-up area. (Ord. 906, passed 4-17-84) Penalty, see Section 10.99