[HISTORY: Adopted by the Town of Boothbay Harbor 5-1-2006
by ATM Art. 75.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 124, Outdoor
Festivals, adopted 8-10-1970 by STM Art. 5 (part of Art. 4 of the 1958 Ordinances),
as amended.
The purpose of this chapter is to maintain the public health, safety,
and welfare by providing a reasonable means for the Town of Boothbay Harbor
to control noise, public access to public ways, and public health associated
with outdoor activities.
This chapter is adopted pursuant to the enabling provisions of Article VIII, Part 2, § 1, of the State of Maine Constitution and the provisions of 30-A M.R.S.A. § 3001 (Home Rule).
As used in this chapter, the following terms shall have the meanings
indicated:
Any place or location where more than 250 people assemble outside
of a permanent and enclosed building.
An individual, group of individuals, association, partnership, corporation,
firm, company or otherwise.
No person or group of persons shall exhibit, sponsor, hold, promote
or operate any pageant, amusement show, theatrical performance, including
a music event, exhibition, or other gathering which in excess of 250 people
are reasonably anticipated to attend and where a substantial portion of the
entertainers or persons attending will he out of doors without first procuring
from the municipal officers a license therefor at least 30 days prior to the
event and payment of fees per Town fee schedule. Exceptions: school sports
events at the school, civic and community events such as, but not limited
to, Fisherman's Festival, Windjammers Days, Rotary Auction, and the 4th
of July observance.
No license shall be granted by the municipal officers unless the applicant
satisfies the municipal officers that the following facilities shall be available:
A.
Water supplies of potable quality shall be reasonably
spaced throughout the area to be used with a minimum amount available of 1 1/2
gallons per day per person. Such water may be private water supply, bottled
water, or municipal water. Private water supplies must post a current certificate
of health at the main entrance.
B.
Public toilet facilities shall be available at the following
rate or number of units.
|
The applicant shall provide minimum restrooms or toilet facilities based
on the following guidelines. An additional toilet may be substituted for each
urinal.
|
|
People
|
Male
|
Female, or Unisex
| |
|---|---|---|---|
|
251 to 500
|
2 urinals, 2 toilets
|
4 toilets
8 units
| |
|
501 to 1,000
|
4 urinals, 2 toilets
|
6 toilets
10 units
| |
|
1,000+
|
To be decided at the time of application
| ||
C.
Adequate metal, or plastic containers of thirty-two-gallon
capacity or greater, having a minimum height of two feet or greater, shall
be spaced in the area to take care of solid waste and garbage, with at least
two containers for each reasonably anticipated 100 persons. A person must
be available at all times to monitor and service the receptacles. Within 24
hours after the close of the event, such waste material shall be removed.
E.
Noise level.
(1)
Sound pressure level limits shall be measured using a
sound equivalent level of one minute (leq) measured in decibels in the "A"
scale (dBA). Measurements shall be performed at the abutting property lines.
(2)
Amplified entertainment shall not exceed 80 dBA between
the hours of 9:00 a.m. and 6:00 p.m., and 70 dBA between the hours of 6:00
p.m. and 9:00 p.m.
(3)
No outdoor amplified entertainment shall be licensed
or permitted after 9:00 p.m.
(4)
No outdoor nonamplified entertainment shall exceed 50
dBA between the hours of 9:00 p.m. and 10:00 p.m.
F.
Emergency services. A first aid facility shall be provided
at the entrance of the event, or on the grounds, with at least one ambulance
in attendance and one EMT for each 1,000 persons and every 500 persons thereafter.
G.
A law enforcement officer or constable shall be provided
to direct traffic to and from public ways with at least one officer for each
entrance. Additional officers may be required upon the Police Department's
recommendations. If the applicant chooses to use municipal personnel for this
service, the applicant shall be responsible for this cost of this service
and provide to the Town escrow funds sufficient to cover these costs at time
of approval.
H.
Parking. Off-the-street parking facilities shall be furnished
with at least one car space with adequate accessways for each six persons
reasonably expected to attend. Any off-site parking arrangements must be accompanied
by a shuttle plan.
I.
Public events. Prior to the issuance of a license for
a public event or an event on public property, the Public Works Director shall
present to the Licensing Board a reasonable cost estimate sufficient to cover
the clean up of the site. The applicant shall furnish a corporate surety bond
from a company authorized to do business in Maine, or other securities, insuring
that forthwith after the event, the grounds shall be cleaned of waste and
damages to public or private property in the area arising out of or in connection
with the event are promptly paid. Said bond shall be a minimum of $1,000 for
the event, and for each reasonably expected 1,000 persons thereafter.
J.
The applicant shall file with his or her application
adequate proof that she/he has authority from any landowner to use his or
her property and shall furnish a plan showing the size of the area to be used,
with designated locations for potable water, toilet and hand washing facilities,
waste containers, first aid facilities, function area, and off-the-street
parking.
Any person directly or indirectly exhibiting, promoting, sponsoring, operating or holding such event as owner, lessor, lessee, landlord, tenant, operator or entertainer and not complying with this chapter shall be liable to a fine as set forth in Chapter 1, General Provisions, Article II, General Penalty, for each infraction, shall be personally responsible for damages to public or private property arising out of or in connection therewith and shall be subject to any civil or injunctive relief that maybe reasonable and proper.
