[HISTORY: Adopted by the Town of Cumberland 11-22-1979, as amended
through 7-7-2011. Subsequent amendments
noted where applicable.]
The Town of Cumberland is concerned about the adverse effect
to the general health and safety of the community that may result
from large crowds which attend outdoor events, including exhibitions,
festivals, music concerts and fairs. Large gatherings may lead to
sanitation problems, resulting from inadequate waste disposal, insufficient
drinking water and ill-equipped first aid facilities; such gatherings
may also threaten the safety of the community through the obstruction
of roads, violations of liquor and drug laws, and destruction of property.
Further, large gatherings that occur within a short period of time
create traffic congestion, crowd control, health, sanitation and safety
problems which are greater than those which accompany gatherings which
occur over a longer duration. Therefore, the following chapter is
hereby ordained for the purposes of protecting the general welfare,
preventing disease, promoting health and providing for public safety.
As used in this chapter, the following terms shall have the
meanings indicated:
That portion of the premises on which the large outdoor event
is held within which persons in attendance are expected to sit or
stand.
Any gathering held outdoors with the intent to attract 500
or more persons for a festival, exhibition, amusement show, fair,
theatrical performance, musical performance or other similar activity.
Large outdoor events are regulated depending on their anticipated
attendance, and so there are two categories of large outdoor events:
MAJOR LARGE OUTDOOR EVENTA large outdoor event which is held with the intent to attract a continued attendance of 5,000 or more persons for any length of time.
MINOR LARGE OUTDOOR EVENTA large outdoor event which is held with the intent to attract a continued attendance of fewer than 5,000 persons for any length of time.
The person responsible for the large outdoor event.
An irrevocable letter of credit from a banking institution
authorized to do business in Maine, cash escrow, or other financial
guarantee, acceptable to the Town Council and in a form approved by
the Town Attorney, provided by an applicant for a large outdoor event
license to guarantee the payment of the costs of the prompt cleaning
of the grounds after the close of the large outdoor event and the
Town police, fire, rescue and public works costs for traffic control,
public safety, first aid, fire prevention and law enforcement activities
performed by the Town as a result of the large outdoor event (the
"public costs"). These public costs shall be those costs incurred
by the Town in connection with the proposed large outdoor event which
would not be incurred by the Town if the large outdoor event were
not held. Promptly following the large outdoor event, the Town shall
release the performance guarantee if the operator pays all such public
costs within 10 working days after the large outdoor event.
Any natural person, sole proprietorship, partnership, corporation
or other entity.
The Town of Cumberland.
The Town Council of the Town of Cumberland.
A.
No person may sponsor, promote, operate or hold any large outdoor
event unless a license therefor is first obtained from the Town Council
of Cumberland.
B.
The licensing procedure will be administered in the following manner:
(1)
The person(s) seeking a license must file an application form with
the Town Clerk of the Town of Cumberland no less than 60 days before
the proposed commencement of the large outdoor event.
(2)
The fee for the license shall be established by order of the Town
Council and must accompany the application. Money received under this
chapter will help defray costs of its administration. The Town Council
may at its discretion reduce or waive the fee for charitable and nonprofit
organizations.[1]
(3)
The application, filed with the Town Clerk, must include a contract
with the property owner allowing use of the facility or property,
unless the property or facility is owned by the applicant.
(4)
Within five days of the receipt of an application, the Town Clerk
shall notify the Town Manager and the Police and Fire/EMS Chiefs of
the application.
(5)
Before a license may be issued hereunder, the Town Council shall
hold a public hearing, in order to review the application and determine
the conditions required to safeguard the public health, safety and
welfare. The license applicants have the right to attend and to represent
their interests at such hearing. When considering the issuance of
a license for a large outdoor event, the Town Council may seek advice
from the Police Chief, Fire/EMS Chief, Code Enforcement Officer, Health
Officer and such other Town officials as it deems necessary. After
assessing the possible effects that the proposed event may have on
the public's health, safety and welfare, the Town Council may
deny the license or grant the license, or grant the license and impose
such reasonable conditions on the issuance of a license as would safeguard
the public interest, including requiring the applicant to:
(a)
Post a performance guarantee in a form acceptable to the Town Attorney in an amount estimated by the Town Council to be equal to the public costs described in the definition of "performance guarantee" in § 162-2 of this chapter.
(b)
Agree to hiring of certified police officers and rescue and
fire personnel at the expense of the licensee. The Police Chief and
Fire/EMS Chief will be notified no less than 45 days before the proposed
event that the personnel will be needed.
(c)
Demonstrate, by means of a written, descriptive plan addressing
the standards of this chapter, that adequate facilities will be provided
at the site of the large outdoor event, in order to protect the health
of the people who attend, including:
(d)
Give notice to the appropriate Town, county and state officials,
as named by the Town Council.
(e)
Demonstrate, by means of a written descriptive plan, that adequate
parking spaces will be available.
(f)
Provide, for major large outdoor events, a detailed plan showing
how crowd security and police protection of private property will
be accomplished.
(g)
Provide, for major large outdoor events, a detailed plan for
controlling traffic, which shall contain:
[1]
A description of routes which persons attending are likely to
take;
[2]
Methods to be used to publicize alternative routes;
[3]
The number of persons who will be present to direct traffic
at the site both before and after the event and their locations; and
[4]
A description of what means will be available to remove disabled
vehicles from locations under the control of the operator where such
vehicles would prevent the free flow of traffic.
(h)
Provide a contract with a waste disposal company to remove waste
from the site.
In reviewing large outdoor event license applications submitted pursuant to § 162-3, the Town Council shall determine whether to issue a license based upon whether the application meets all of the following standards:
A.
Access. Convenient and safe access for the ingress and egress of
pedestrian and vehicular traffic exists, and all public roadways in
the proximity of the large outdoor event shall be adequately staffed
with uniformed police officers to ensure safety to all the public.
B.
Grounds.
(1)
Each large outdoor event assembly area shall be well drained and
so arranged to provide sufficient space for persons assembled, vehicles,
sanitary facilities, and appurtenant equipment.
(2)
Trees, underbrush, large rocks and other natural features shall be
left intact and undisturbed whenever possible, and the natural vegetative
cover shall be retained, protected, and maintained so as to facilitate
drainage, prevent erosion, and preserve the scenic attributes.
(3)
The grounds shall be maintained free from accumulation of refuse
and from health and safety hazards constituting a nuisance as defined.
(4)
Illumination shall be provided at night beginning 1/2 hour before
sunset to protect the safety of the persons at the large outdoor event.
The assembly area shall be adequately lighted, but lighting shall
not unreasonably reflect beyond the assembly area boundaries unless
adjacent properties are uninhabited.
(5)
Parking shall be provided for persons arriving by vehicular means.
(a)
Service road and parking spaces shall be located so as to permit
convenient and safe movement of vehicular and pedestrian traffic and
free passage of emergency vehicles.
(c)
Adequate parking space shall be provided, which means that there
shall be at least one parking space to every three persons, and the
density shall not exceed 100 passenger cars or 30 buses per usable
acre.
(6)
At least 10 square feet per person shall be provided on the site
for a large outdoor event with assigned seating; at least 15 square
feet shall be provided for a large outdoor event with festival seating;
and no overnight assemblage shall be permitted.
C.
Water supply.
(1)
An adequate, safe supply of potable water, meeting the requirements
of the State Department of Health and Human Services, Division of
Environmental Health, shall be provided and common cups shall not
be used.
(2)
Transported water shall be obtained from an approved source, stored
and dispensed in an approved manner. "Approved" as used in this subsection
means in compliance with standards adopted by the State Department
of Health and Human Services, Division of Environmental Health.
D.
Sanitation.
(1)
Where water is distributed under pressure and flush toilets are used,
the water system shall deliver water at a normal operating pressure
(20 pounds per square inch minimum to all fixtures at the rate of
at least 30 gallons per person per day).
(2)
When water is not available under pressure, and non-water carriage
toilets are used, at least three gallons of water per person per day
shall be provided for drinking and lavatory purposes.
(3)
Where water under pressure is not available, equivalent facilities
shall be provided and installed in accordance with the requirements
of the Department of Health and Human Services, Bureau of Health,
Mass Gathering Rules and Informational Guidelines.
(4)
Sanitary facilities shall be separate for males and females and shall
be provided at the rate of one for each 200 persons. Any other proposal
for providing sanitary facilities must be in accordance with the requirements
of the Department of Health and Human Services, Bureau of Health,
Mass Gathering Rules and Informational Guidelines.
(5)
The required sanitary facilities shall be conveniently accessible
and well defined.
(6)
Each toilet shall have a continuous supply of toilet paper.
(7)
Service buildings or rooms housing required plumbing fixtures shall
be constructed of easily cleanable, nonabsorbent materials; the buildings,
service rooms, and required plumbing fixtures located therein shall
be maintained in good repair and in a clean and sanitary condition.
(8)
Separate service buildings or rooms containing sanitary facilities,
clearly marked, shall be provided for each sex, and each toilet room
shall be screened so that the interior is not visible from the outside.
(9)
Wastewater shall be discharged in a manner consistent with the requirements
of the State Department of Health and Human Services, Division of
Environmental Health.
(10)
Disposal and/or treatment of any excretion or liquid waste shall
be in a manner consistent with the requirements of the State Department
of Health and Human Services, Division of Environmental Health.
E.
Refuse disposal.
(1)
Refuse shall be collected, stored, and transported in such a manner
as to protect from odor, infestation of insects and/or rodents any
and other nuisance condition or conditions which are inconsistent
with the health, safety, and welfare of the patrons of the large outdoor
event or of the public.
(2)
Refuse containers shall be readily accessible, and one fifty-gallon
refuse container or its equivalent shall be provided for each 100
persons anticipated or one sixteen-cubic-yard trash container shall
be provided for every 5,000 persons anticipated. All trash barrels
shall be lined with plastic bags.
(3)
The area where motor vehicles are parked shall have one fifty-gallon
refuse container or its equivalent for every 200 such motor vehicles.
(4)
All refuse shall be collected from the assembly area at least twice
each twelve-hour period of the large outdoor event, with a minimum
of two such collections per large outdoor event exceeding six hours,
or more if it is necessary, and disposed of at a waste disposal site
approved by the Town.
(5)
The grounds and immediate surrounding property shall be cleared of
refuse within 24 hours following the large outdoor event.
F.
Vermin control. Insects, rodents and other vermin shall be controlled
by proper sanitation practices, extermination or other safe and effective
control methods; where necessary, animal parasites and other disease-transmitting
nuisances shall be controlled.
G.
Safety.
(1)
Where an electrical system is installed, it shall be installed and
maintained in accordance with the provisions of the applicable state
standards and regulations and the Town's electrical codes.
(2)
The grounds, building, and related facilities shall be maintained
and used in a manner as to prevent fire and in accordance with the
applicable local fire prevention regulations.
(3)
Internal and external traffic and security control shall meet requirements
of the applicable state and local law enforcement agencies.
(4)
The Town of Cumberland Fire/EMS Department has been informed of the
large outdoor event and adequate fire protection equipment is available.
(5)
For large outdoor events, the Cumberland Police Chief or his designee
shall determine the number of police officers needed to provide adequate
coverage for the event.
[Amended 3-26-2018]
H.
Medical.
(1)
Emergency medical services shall be provided. All personnel must
be Cumberland rescue personnel and/or approved by the Chief of the
Cumberland Fire/EMS Department and they shall be licensed by the State
of Maine as either physician assistant, registered nurse (RN), or
emergency medical technician (EMT).
(2)
A first aid building or tent with adequate medical supplies shall
be available.
(3)
An adequate number of vehicles duly licensed by the State of Maine
as ambulances shall be available on the site during the complete time
of the large outdoor event.
(4)
Telephone and radio communications shall be provided and kept available
for emergency purposes.
(5)
The Chief of the Cumberland Fire/EMS Department shall determine the
number of EMT personnel and ambulances needed.
I.
Noise. No major large outdoor event shall continue beyond 11:00 p.m.
The Town Council may, in its discretion, waive any of the requirements under § 162-3 of this chapter if it finds the requirement of information or materials with the application is unnecessary or irrelevant to the review of a particular mass gathering license application.
The Town of Cumberland shall enforce this chapter through its
Code Enforcement Officer. Anyone violating any provision of this chapter
shall be subject to a fine not less than $500 nor more than $1,000
per violation. Each day such violation continues shall constitute
a separate offense.
Licenses issued hereunder shall not be transferable or assignable.
