[4-19-2011 by Ord. No. 2011.26; amended 6-18-2024 by Ord. No. 2024.92]
The City of Biddeford recognizes that events can enhance the
character of the community by bringing citizens together; provide
opportunities for growth and recreation; and provide Biddeford with
cultural and economic benefits. The City's policy is to encourage
and allow events that meet this description while ensuring that the
needs of those impacted by events are adequately considered during
the planning and approval process.
[4-19-2011 by Ord. No. 2011.26; amended 6-18-2024 by Ord. No. 2024.92]
This policy is to establish a standard for a street closure
request; provide for the safety of special function participants and
the general public; and to ensure that all entities, such as City
agencies and the general public, have been adequately notified in
order to address any of their concerns. This policy is also to ensure
that public input is considered prior to the closing of any public
way to minimize any adverse impact upon the community.
[4-19-2011 by Ord. No. 2011.26; amended 6-18-2024 by Ord. No. 2024.92]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this article, except where
the context clearly indicates a different meaning:
The following named individuals comprise the Coordinating
Committee: Police Chief, Fire Chief, the Director of Codes Enforcement,
the Director of Public Works, and the Recreation Director.
An action by a mass group or collection of groups of people
gathering for a cause; it normally consists of walking in a mass formation,
and either beginning with or meeting at a designated endpoint or rally
to hear speakers.
The person submitting an application to hold a block party
or special event.
An event or function occurring within the City of Biddeford
that is open to, or intended to attract the general public, and requires
the closure of a public way, or any part thereof, for a period longer
than two hours. Large-scale public events may involve or take place
on a public way or in or on publicly held facilities. Special events
may fall under three categories:
Tier 1 Special Events involve the use of Recreation Department
facilities for functions involving 100 or less people.
Tier 2 Special Events include street closure requests, parades,
road races, walks or other single-day functions involving 100 or less
people.
Tier 3 Special Events are functions that involve a street closure
or the use of a City facility for a single-day function involving
100-999 people.
A member of the Police Department assigned by the Chief of
Police as the City's coordinator/contact person for block parties
and/or special events held on or upon public streets.
[4-19-2011 by Ord. No. 2011.26; amended 6-6-2017 by Ord. No. 2017.54; 6-18-2024 by Ord. No. 2024.92]
Any person who desires to conduct or sponsor an event at a public park, public ground, or street of the City in which it could reasonably be assumed that 100 or more persons might gather or participate shall first apply for and obtain a permit from the Codes Enforcement Office. After collecting the fee described below, the application will be processed in coordination with the permitting authority as defined under Section 6-144. Special event permit fees shall not be waived without City Council approval.
[4-19-2011 by Ord. No. 2011.26; amended 6-18-2024 by Ord. No. 2024.92]
(a)
The Recreation Director or their designee shall be the permitting
authority for Tier 1 Special Events.
(b)
The Chief of Police or their designee and the Director of Public
Works or their designee shall be the permitting authority for Tier
2 Special Events.
(c)
The Coordinating Committee shall be the permitting authority for
Tier 3 Special Events.
(d)
The City Council shall be the permitting authority for events to
be held in City of Biddeford parks, recreation, public buildings,
grounds and streets at which it could reasonably be assumed that 1,000
or more persons might gather or participate; or any event which is
proposed to last longer than two consecutive days, regardless of the
number of persons anticipated to gather or participate.
[4-19-2011 by Ord. No. 2011.26; amended 6-18-2024 by Ord. No. 2024.92]
Any person, firm, corporation, business or organization seeking
a permit to hold a special event within the City of Biddeford must
file an application (see Appendix A) with the permitting authority
at least 30 days prior to the beginning of the event; or in cases
related to activities protected by the First Amendment to the United
States or Maine Constitution, other than commercial speech, two business
days prior to the beginning of the event. Permit applications are
available on the City's website or at the City Clerk's Office.
(1)
The application must include a site plan or a detailed map showing:
a.
The location of the special event.
b.
The location of any grandstand, stage, viewing area, rest-room facilities,
vendor parking/assembly areas (if necessary) and any other equipment
or material brought in for use during the special event.
c.
A written description and the location of any traffic control devices,
barricades, or other signage necessitated by the event.
(2)
The application must describe the event coordinator's notification
plan for the residents and/or businesses in the area that could be
affected by the special event. At the least, this shall include a
public notification shared online or in print at least 30 days before
the event and a mass mailing to the residents and/or business in the
area.
(3)
The application shall be accompanied by an indemnification agreement
(Appendix B) which releases the City of Biddeford and its officers
and employees from any liability arising from, or in connection with
the special event, and a certificate of insurance with minimum liability
coverage in the amount of $400,000.
(4)
The applicant and/or organization is responsible for the full cleanup
of the area immediately following the special event, and the applicant
agrees to reimburse the City for costs to repair any City facility
or property damaged during the event, including during the time of
set up and tear down. The City shall invoice the applicant upon completion
of the repairs with net thirty-day terms. Only water-soluble, nonpermanent
markings or chalk may be used on City rights-of-way.
(5)
Depending upon the size and nature of the event, the City may require
that City employees, including Police, Fire, Public Works, Code Enforcement
and/or Parks and Recreation, are present at or assist with the event.
The City shall determine the number of personnel necessary to ensure
the safety of the public and participants, minimize the inconvenience
to residents, and reduce public liability exposure to the event sponsor
and the City. The cost associated with the use of any such personnel,
including City equipment, is the responsibility of the event sponsor.
A deposit of 30% of the estimated personnel cost for the event will
be required with the submittal of the application. The City shall
provide a good faith estimate of the total personnel cost within 10
days after the approval of the application. The complete fee must
be submitted to the City prior to the day of the event. Fees may be
waived in whole or in part by the City Council prior to the special
event.
(6)
The Coordinating Committee shall review the application with the
event coordinator to clarify the nature and circumstances of the event
and may establish conditions under which the special event may be
held. The purpose of the Coordinating Committee review shall be to
determine whether the event can be conducted without any adverse impact
upon public safety, or that the proposed event or activity shall not
endanger the health and safety of all persons who visit the area to
be impacted.
(7)
The Coordinating Committee shall consider the following factors prior
to granting authority for a street closure under this policy:
a.
The special event must enhance the cultural, recreational or economic
potential for the City of Biddeford.
b.
Adequate plans for the detouring of local traffic have been made
by the event coordinators.
c.
Reasonable access has been provided for businesses and for residents
living and working in the affected area.
d.
Proper notification of persons living and residing within the affected
areas has occurred.
e.
Traffic flaggers are the responsibility of the event coordinator,
and must be approved for use by the Committee.
[4-19-2011 by Ord. No. 2011.26; amended 6-18-2024 by Ord. No. 2024.92]
The following activities are exempted from the provisions of
this policy:
(1)
A special event in which the City of Biddeford is the sole sponsor
and coordinator.
(2)
Athletic events regulated by the Recreation Department or School
Department of the City.
(3)
Utility or maintenance work governed by other provisions of the City
ordinances.
(4)
The fees established by this policy shall not apply to activities
protected by the First Amendment to the United States or Maine Constitution,
other than commercial speech, if the permit for the activity allows
the activity to use park space for eight hours or less in one calendar
day. The foregoing exemption shall not apply to an event or activity
intended or scheduled to occur more than 14 cumulative hours in a
period of seven consecutive days during which its permit allows exclusive
use of park space. For the purpose of this subsection, an event or
activity shall be considered to be using park space during the time
in which a permit allows the event or activity exclusive use of the
space, whether or not the activity is actually occurring during that
entire time, and whether or not the applicant allows other uses to
occur during that time. The City's determination of the need
for exclusive use shall be final.
(5)
The fees established under this policy shall not apply to a demonstration
or protest that is protected by the First Amendment to the United
States or Maine Constitution, nor is a permit required if the demonstration
is conducted so as not to interfere with the free and unobstructed
passage of vehicular or pedestrian traffic. Otherwise, a permit is
required, but no fee shall be imposed.
[4-19-2011 by Ord. No. 2011.26; amended 6-18-2024 by Ord. No. 2024.92]
(a)
Duties.
(1)
The permittee is responsible for designating a person who shall
be in charge of the conduct of the event or activity.
(2)
The permittee is responsible for keeping the event grounds clean
and free from debris.
(3)
Where structures are to be erected, the permittee shall be responsible
for complying with building code requirements, including, but not
limited to, the section of the building code dealing with temporary
structures.
(4)
For events where more than 1,000 individuals are anticipated
to gather or participate in the event or activity, the permittee shall
provide a bond in the form of cash, certified check or surety bond
from a surety company qualified to do business in the State of Maine
in an amount of not less than $2,000. Such bond shall be utilized
to guarantee cleanup of the area and shall be applied against claims
by the City for excessive damage to real or personal property in the
park.
[4-19-2011 by Ord. No. 2011.26; amended 6-18-2024 by Ord. No. 2024.92]
Any person firm or organization who has been denied a special
event permit may appeal to the City Manager for reconsideration.
