This chapter shall be referred to as the "Special Events Ordinance."
As used in this chapter, the following terms shall have the
meanings indicated:
BUILDING
Any fully enclosed permanent structure built for the support,
shelter, or enclosure of persons, animals, livestock, or property
of any kind.
EVENT ORGANIZER
Any person who conducts, manages, promotes, organizes, aids
or solicits attendance at a commercial or noncommercial special event.
The event organizer will be responsible for all details concerning
the application, including fees, plans, and paperwork; in the event
that the event organizer is not an individual but a host organization,
such event organizers shall designate an individual person as being
the responsible party for said event organizer.
FACILITY(IES)
Any City-owned or -operated property or property interest.
GOODS
Goods, wares, personal property, merchandise or any other
similar items that are generally sold.
HIGHWAY
A way or place of any nature, publicly maintained and open
to the use of the public for purposes of vehicular travel. "Highway"
includes streets.
HOST ORGANIZATION
The sponsoring organization that has overall authority of
the special event venue.
PRIVATE PROPERTY
Any property other than that which the City owns or operates
or has property interest in.
SERVICES
The use of City employee time required for safe operation
of an event.
SPECIAL EVENT
A.
Use of any City park, building, street or other facility or
private property when an organized activity is conducted, to which
the public is invited or admitted, with a common purpose and under
the direction or control of a person, and any one or more of the following
factors exist:
(1)
A fee is charged or money is collected;
(2)
Alcohol and/or food will be sold;
(3)
Temporary structures are constructed;
(4)
A City facility will be closed to general use by the public
or use by the general public will be denied in part or in whole;
(5)
The location will be used beyond its normal capacity or typical
range of uses;
(6)
The proposed use is likely to infringe on other users'
activities at that location;
(7)
The activity on a street or other public place is impacted in
a manner which disrupts the normal or usual traffic patterns, regulations
or controls;
(8)
The Mayor reasonably determines that the event will result in
substantial impact on City resources, facilities or public safety
services in response thereto.
B.
Examples of special events include, by way of illustration and
without limitation, concerts, dances, assemblages, processions, parades,
marching band reviews, circuses, fairs, festivals, block parties,
community events, mass participation sports (such as, marathons and
running events, bicycle races or tours, sports tournaments, obstacle
course races), spectator sports or other organized activity conducted
for a common or collective use.
C.
Special events do not include normal City-sponsored programs
or activities or regular sporting events or tournaments held inside
a building or at a facility qualified as a "place of public assembly"
and intended for that purpose.
STREET
A way or place of any nature, publicly maintained and open
to use of the public for purposes of vehicular travel. "Street" includes
highway, alley, and other public ways.
VENDOR
Any person who sells or offers to sell any goods, food, or
beverages within a special event venue.
The Mayor is authorized to administer and enforce the provisions
of this chapter. In doing so, the Mayor and/or his/her designee(s)
may exercise any enforcement powers available to the City under all
applicable state laws, City ordinances and other applicable laws and
regulations.
The Mayor may delegate any or all of his or her functions under
this chapter to designated department heads and/or subordinates as
the Mayor may reasonably determine. Whenever the term "Mayor" is used
herein, the term shall include any designee of the Mayor as the Mayor
may reasonably determine.
An application for a special event permit is deemed complete when the applicant has provided all of the information required in §
396-11 and has paid all the required fees set in §
396-21. All other City fees that may also apply must have been paid as well. The applicant shall be notified in writing when the application is deemed complete.
The application for a special event permit shall be in a form
prescribed by the Mayor and will include but not be limited to the
following, as applicable to the event:
A. The name, address and telephone number of the event organizer, if
any, and the chief officer of the event organizer, if any, and shall
contain certification that the responsible party for the event organizer
is at least 18 years of age;
B. A statement of the purpose of the special event;
C. The proposed location for the special event;
D. The date(s) and times when the special event is to be conducted;
E. The specific proposed site or route, including a map and written
narrative of the route;
F. The approximate number of persons and/or vehicles that will constitute
the special event;
G. The number of vendors, suppliers and entertainers and the nature
of goods to be provided or sold, including but not limited to the
type of food and drink;
H. The number and location of portable sanitation facilities and a recycling
plan and waste management plan;
I. Other equipment or services necessary to conduct the event with due
regard for participant and public health and safety;
J. Insurance and/or surety bond information; and
K. Any special or unusual requirements that may be imposed or created
by virtue of the nature or operation of the proposed event activity.
A special event permit may contain but is not limited to the
following information or conditions, as applicable to the event:
A. The location of the special event venue identified by a map attached
to the special event permit.
B. The dates, assembly area, times for assembly, and starting and ending
time of the special event.
C. The specific route plan to the special event.
D. The minimum and maximum speeds of the special event.
E. The number and types of persons, animals and/or vehicles, the number
of bands, other musical units and equipment capable of producing sound,
if any, and limitations thereon pertaining to noise abatement.
F. The portion of the street and sidewalk that is to be occupied by
the event.
G. The number and location of traffic controllers, monitors, other support
personnel and equipment and barricades to be furnished by the special
event organizer.
H. Conditions or restrictions on the use of alcoholic beverages and
authorization for and conditions of the exclusive control or regulation
of vendors and related sales activity by the event organizer during
the special event. Proof of full liquor liability insurance and a
license to dispense alcohol from the Liquor Commission must be provided
if alcohol is sold.
I. Provisions for any required emergency medical or rescue services.
Any person or agency providing such service will be approved by the
Fire Chief or designee.
J. Such other information and conditions as are reasonably necessary
for the conduct of the special event and the enforcement of this chapter,
including the requirement for the on-site presence of the event organizer
or its designated representative for all event coordination and management
purposes.
K. As a condition of the issuance of a special event permit, the applicant
shall be required to make adequate provisions for cleaning up the
area or route of the event both during and upon completion of the
event and to return the area or route to the same condition of material
preservation and cleanliness as existed prior to the event, and to
pay for the cost to repair any damages caused by the event.
L. At the discretion of the Mayor, a surety bond (or other reasonable
means of providing financial assurance) may be required, as well as
any other reasonable event permit conditions.
A copy of the special event permit shall be displayed in the
special event venue in the method prescribed by the Mayor applicable
to the particular event and shall be exhibited upon demand of any
City official.
As provided in applicable provisions of Massachusetts General
Laws, public safety and public health officials are empowered to exercise
all such emergency powers as granted to them, and nothing in this
chapter shall in any way restrict any such emergency and general powers.
Whenever a commercial or noncommercial special event is conducted
without a special event permit when one is required, or an event is
conducted in violation of the terms of an issued special event permit,
the event organizer/host organization shall be responsible for all
City costs incurred. The Mayor shall charge and bill the event organizer/host
organization for personnel and equipment involved in any public safety
response caused by, growing out of or necessitated by the adverse
impacts of the event or the violation of the special event permit
upon public safety.
The invalidity of one or more phrases, sentences, clauses or
articles contained in this chapter shall not affect the remaining
portions of this chapter or any part thereof; and in the event that
any one or more of such phrases, sentences, clauses or articles should
be declared invalid by the final order, decree or judgment of a court
of competent jurisdiction, this chapter shall be construed as if such
invalid phrases, sentences, clauses or articles had not been inserted
in this chapter.
The special event permit fee shall initially be $25 or as set
periodically by the Mayor or his designee, subject to the approval
of the City Council.