[HISTORY: Adopted by the Town Board of the Town of Maine
as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-17-2015 by L.L. No. 1-2015.]
The purpose of this chapter is to protect the public health,
safety and welfare by regulating certain gatherings of 500 or more
persons within the Town of Maine.
A.
It shall be unlawful for any person or organization, within the Town
of Maine, to engage in any event or activity which is reasonably likely
to attract 500 or more people over the course of the event, without
first having obtained an event permit.
B.
The issuance of an event permit may allow for the exclusive and reserved
use of a designated area or portion of Town property, including streets,
parks and other public property, for concerts, festivals, weddings,
processions, races, parades, protests, marches, block parties, fundraisers,
and/or other social gatherings. This section includes, but is not
limited to, those activities which would allow the following:
(1)
The closure of, or restrictions upon, one or more streets for the
purpose of limiting vehicular traffic;
(2)
The placement of platforms, stages, tents, tables, chairs and/or
grandstands upon Town property;
(3)
The operation of cooking apparatuses on Town property;
(4)
The sale of food, beverages, goods and/or other merchandise on Town
property; or
(5)
Access to Town electricity and/or water service.
The following activities shall not require event permits:
A.
Those activities which fall under the mass gatherings law, as defined by Chapter 326 of the Code of the Town of Maine.
C.
Events sponsored by the United States of America, the State of New
York, Broome County, or the Town of Maine.
D.
If using Town parks, normal park activities, constituting a normal,
ordinary use of Town parks and/or other public spaces. Such activities
include group picnics, social gatherings, recreation, and those activities
which do not demand exclusive and reserved use of Town property, but
which instead occur on a first-come first-served basis. In all cases,
the Town of Maine maintains the right to utilize such spaces for scheduled
activities and events.
E.
Any use specifically authorized under the Town of Maine Zoning Code,
which has obtained site plan approval, unless such event will use,
interfere with, or otherwise restrict Town property.
Those activities and events not set forth in this chapter, which
demand reserved use of Town property, shall be permitted upon receipt
of approval from the Town Board of the Town of Maine.
In order to obtain an event permit, the event permit applicant
shall provide an application to the Town Clerk which will require
the following, along with such other information as the Town shall
find necessary and proper:
A.
Applicant name, mailing address, telephone number, and email address.
B.
Name of sponsoring organization, if any, along with the name, mailing
address, telephone number, and email address of a contact person within
the sponsoring organization.
C.
Name(s) of on-site event manager(s), and emergency telephone number(s).
D.
A description of the event.
E.
Website address of the event, if available.
F.
Date(s) and time(s) of the proposed event, including times at which
set up prior to and clean up after the event will take place. The
event permit applicant must indicate whether or not rain dates and
times are planned for the event. If Town property is used, interfered
with, or requested, rain dates and times shall be granted subject
to availability.
G.
Location of the proposed event.
H.
Estimated number of event participants. Special conditions may apply
based upon the number of estimated event participants.
I.
Indicate whether or not individuals will be cooking during the event,
and/or selling food.
J.
Indicate whether or not the event permit applicant intends to allow
vendors to operate in the area during the event.
K.
All required fees must be submitted at the time of permit application.
L.
If Town property is being used, interfered with, or restricted, then
indicate the following:
(1)
Whether or not access to public restrooms is requested for the event.
(2)
Whether or not access to Town electricity and/or water service is
requested. If access to Town electricity is requested, the event permit
applicant must include an outline of all items which require use of
Town electricity, along with the power requirements of each item.
If access to Town water service is requested, the event permit applicant
must include a description indicating in what capacity the water will
be utilized. Access to Town electricity and/or water service may or
may not be available. Additional fees may apply if access to Town
electricity and/or water service is provided.
(3)
Description of all items to be placed upon Town property and/or used
during the event, such as platforms, stages, tents, tables, chairs,
grandstands, cooking apparatuses, electrical equipment, sounds systems
and/or amplification devices.
(4)
Specify the designated area or portion of Town property to be utilized.
A.
If cooking will occur during the event, the event permit applicant
must include a description of all cooking apparatuses to be used in
the event permit application. The event permit applicant is responsible
for obtaining all necessary operating permits, as may be required
by the Code Enforcement Officer. In addition, the event permit applicant
is responsible for ensuring that all proper safety measures as may
be required by the Code Enforcement Officer, such as the provision
of fire extinguishers at all cooking apparatus locations, are observed.
B.
If the sale of food will occur during the event, the event permit
applicant is responsible for ensuring that all necessary certificates
from the Broome County Department of Health have been obtained prior
to the event.
The event permit applicant may sublet space, hire vendors, and/or
allow vendors to sell food, goods and/or merchandise as part of the
applicant's event. The event permit applicant shall remain liable
for vendor operations occurring during his/her event, and is responsible
for ensuring that all vendors have obtained the documentation necessary
to conduct their businesses.
A.
All event permit applications using, interfering with, or restricting
Town property must be accompanied by proof of general liability insurance
coverage in the amount of not less than $1,000,000 and property damage
insurance in an amount not less than $50,000. If the event permit
applicant intends to sell alcohol during the event, the application
must also be accompanied by proof of liquor liability insurance coverage
in the amount of not less than $1,000,000.
(1)
The insurance certificate must name the Town of Maine as an additional
insured on a primary noncontributory basis.
(2)
The insurance certificate(s) must be endorsed.
(3)
If primary, noncontributory liability insurance is not available,
e.g., from another government agency that is self-insured, the Town
may waive such requirement based on an indemnification satisfactory
to the Town attorney.
B.
Workers compensation insurance. If the event permit applicant or
sponsoring organization has paid employees, the event permit applicant
must provide proof of workers compensation insurance coverage.
C.
The event permit applicant shall hold harmless and indemnify the
Town from any and all claims, actions, damages or liability arising
from the permitted event of every name and nature which may arise
or be incurred by the Town, or as a result of the conduct of event
participants, or as a result of the cleaning of rubbish and/or debris
from the area in which the event is held.
D.
An application for a protest or march where first amendment issues
are presented may be eligible for a waiver of some or all of the insurance
requirements based on the applicant's ability to obtain insurance,
the size of the protest or march, and the potential for damage to
persons or property. The initial responsibility for determination
of eligibility shall be made by the Town Board upon consultation with
the Town attorney.
A.
An event permit applicant may request Town sponsorship of an event.
Such requests must be made on an annual basis for each event. Eligibility
for Town sponsorship of an event shall be determined by the nature
of the proposed event, and shall be limited to events which celebrate
a national holiday, public service, or events which provide a public
service. Events for which income is intended to be generated (including
through the rental of space or booths, or through fundraising activities)
shall not be eligible for Town sponsorship unless the Town of Maine
directly receives all such income. Events which allow the sale of
alcohol shall not be eligible for Town-sponsorship. The Town may refuse
a request for sponsorship as a result of complaints received due to
noise which is considered unreasonable given the nature of the event,
the accumulation of garbage or other debris, and other issues which
may diminish the value of the event to the Town of Maine and its residents.
B.
The applicant will describe any proposed donation of time, materials,
gifts or services to be contributed to the event. If the Town approves
the request for sponsorship, then such donations will be deemed accepted
by the Town.
C.
The responsibility for determination of eligibility shall be made
by the Town Board.
D.
If the request for sponsorship is approved, and the event will use,
interfere with, or restrict Town property, the Town shall assume responsibility
for the event, and shall be considered the organizer and sponsor of
the event. Under such circumstance, the event permit applicant shall
be considered a co-sponsor and co-organizer. The Town of Maine may
purchase the necessary insurance coverage. The Town of Maine may include
in the annual budget an amount which shall be dedicated to the purchase
of insurance policies for Town-sponsored events.
E.
Notwithstanding the foregoing, the Town may agree to be a participating
sponsor of an event without accepting responsibility for planning
or organization of the event. In such case the organizers of the event
will be required to provide insurance.
A.
The fee for an event permit shall be set from time to time by the
Town Board of the Town of Maine, and shall apply to each date of the
proposed event. Additional fees for access to Town electricity, water
service, and/or for the closure of any Town street may apply.
B.
All fees for event permits wherein the applicant does not claim eligibility
for Town sponsorship shall be paid upon event permit application.
Event permits wherein the applicant claims eligibility for Town sponsorship
may be submitted without the appropriate fee; however, should the
Town determine that the event is ineligible for Town sponsorship,
all fees must be paid prior to the issuance of such permit.
C.
If rain dates are requested and become necessary event permit applicants
shall not be charged additional fees.
D.
Event permit applicants requesting a refund of event permit fees
due to cancellation of an event or withdrawal or denial of the permit
application must submit such request in writing at least 10 business
days prior to the event. Failure to submit such request shall result
in a forfeiture of said fee. Timely submitted requests for refunds
may be denied if the Town incurred any expenses due to preparation
for the event.
A.
Applications for event permits must be submitted at least 35 calendar
days prior to the event, not including the date of submission. Applications
received less than 35 calendar days prior to the event shall be rejected,
unless for good cause shown.
B.
The submission requirements and deadlines described herein are based
upon the submission of a complete application. Incomplete applications
shall be rejected. The resubmission of a permit application shall
not allow for the modification or suspension of submission deadlines,
unless for good cause shown.
A.
All event permits issued by the Town of Maine Code Enforcement Officer
pursuant to this section shall be subject to the following terms and
conditions:
(1)
Pursuant to Broome County Charter and Code Chapter 168, Article IX,
an Automated External Defibrillator (AED) and a person who is trained
in cardiopulmonary resuscitation (CPR) must be available at any event
during which 500 or more individuals will be in attendance at any
given time.
(2)
The event permit applicant must designate at least one on-site event
manager who must be on-site during the course of the event, and who
must be available by telephone in case of emergencies.
(3)
The Town Board may at its discretion and in the interest of public
safety require the event permit applicant to provide adequate security
for the duration of the event (e.g., events which include the service
of alcohol, and based upon the number of anticipated event participants
or due to the time of the event).
(4)
Event permits are nontransferrable.
(5)
The Town of Maine maintains the right to require the event permit
applicant to provide portable toilet facilities at the proposed event.
Such determination shall be based upon the nature of the event, and
the estimated number of event participants.
(6)
Proof of compliance with all applicable local, county, state, and/or
federal laws, rules and regulations requiring inspection before an
event, including, but not limited to, laws governing structures, food
safety, sanitation, and fire safety, must be filed with the Code Enforcement
Officer prior to the commencement of an event.
(7)
Any notice can be e-mailed to the event permit applicant or the sponsoring
organization.
B.
All event permits issued pursuant to this section and using, interfering
with, or restricting Town property shall be subject to the following
additional terms and conditions:
(1)
The event permit applicant is responsible for inspecting the Town
property which he or she intends to reserve for the exclusive and
reserved use of the event in order to determine whether or not the
Town property is suitable for the proposed event, and to ensure that
there are no defects or dangerous conditions. If, subsequent to submitting
the event permit application, a new defect or dangerous condition
appears, the event permit applicant must advise the Town of Maine
in writing at least five business days prior to the event. The Town
may, in its discretion, correct the defect or dangerous condition
or cancel the event.
(2)
The event permit applicant shall maintain responsibility for the
Town property which is reserved for the exclusive and reserved use
of the event, and shall be responsible for the cleaning, maintenance
and/or repair of said event area:
(a)
Maintenance shall include cleaning the Town property which is
reserved for the exclusive and reserved use of the event of all rubbish
and debris, leaving the site in a clean condition. Such maintenance
shall be subject to the satisfaction of the Town of Maine. Maintenance
shall also include the repair of any Town property which may have
been damaged during the course of the event.
(b)
Failure to clean, maintain, and/or repair the event area to
the satisfaction of the Town within two days of the event may result
in the denial of future event permit applications. If such failure
should occur, the Town shall provide services for the cleaning, maintenance
and/or repair of the area in which the event was held, and the cost
of such services shall be billed to the event permit applicant.
(3)
Applicants who request closure of any Town street must place a legal
notice in the Press and Sun Bulletin at least two days and not more
than five days prior to the first day of the event. The legal notice
must state the name of the event, the street(s) to be closed, and
the time(s) and date(s) of closure. Recurring events may place one
legal notice with all approved dates and times. This section shall
not apply to an event on a Saturday, Sunday, or a national holiday.
(4)
No paint or other permanent markings are permitted upon Town property
for any event without the express approval of the Town Board of the
Town of Maine. Should event permit applicants wish to place nonpermanent
markings upon Town property for the purpose of showing the route for
a procession, parade, or race, such markings shall be water-soluble.
(5)
The Town of Maine shall provide garbage and recycling receptacles
at all events occurring on Town property in order to prevent the accumulation
of trash and recyclable materials.
A.
The Town of Maine reserves the right to reject event permit applications
which are incomplete and/or unaccompanied by the required documentation.
The rejection of a permit application does not preclude the event
permit applicant from resubmitting the event permit application in
the future, when such application is complete. The resubmission of
an event permit application shall not exempt the event permit applicant
from the submission deadlines outlined herein.
B.
Modifications. The Town of Maine reserves the right to modify an
event permit and/or its requirements should it become necessary or
proper to do so in the interest of public health and/or safety, to
preserve the quality of life of other Town of Maine residents, or
if the proposed event conflicts with a previously scheduled or annual
event.
C.
Denials. An event permit application may be denied if the Town determines
that the issuance of a permit would cause public health and/or safety
concerns, if the proposed event conflicts with a previously scheduled
event, or if the permit applicant fails to comply with the regulations
described herein.
D.
Revocations. The Town may revoke an event permit for any violation
of this section, the Code of the Town of Maine and/or other regulatory
guidelines as established by Broome County or New York State.
E.
Should the event permit applicant or event participants fail to comply
with the provisions of any regulations described herein, the event
permit applicant may be ineligible to receive future event permits,
and/or a prohibition on the event itself may be established. The Town
reserves the right to conduct inspections during the course of the
event in order to ensure that all regulations as described herein
are being met by the event permit applicant.
A.
A violation of this chapter shall constitute an offense punishable
by a fine not to exceed $250 or imprisonment for a period not to exceed
15 days, or both.
B.
In addition to the above-provided penalties and punishment, the Town
Board may also maintain an action or proceeding in the name of the
Town of Maine in a court of competent jurisdiction to compel compliance
with or to restrain by injunction the violation of this chapter, or
any term or condition of any permit, including but not limited to
the removal of any materials placed in violation of this chapter.
No action or proceeding described in this subdivision shall be commenced
without the appropriate authorization from the Town Board.
The Town Code Enforcement Officer is hereby authorized to enforce
the foregoing rules and regulations, which power shall include but
not be limited to the power to issue event permits, issue appearance
tickets, and to exercise such other legal methods of enforcement of
the foregoing as the Code Enforcement Officer may deem appropriate
and necessary.
