[HISTORY: Adopted by the Town Meeting of the Town of Casco 1-13-2007 by Art. 4. Amendments noted
where applicable.]
This chapter is adopted pursuant to the home rule powers under
the Maine Constitution and 30-A M.R.S.A. § 3001.
The Town of Casco recognizes the desirability of certain events,
including exhibitions, festivals, music concerts, and fairs, and hereby
ordains the following to protect the general welfare and promote public
health and safety by addressing issues arising from traffic congestion,
crowd control, health and sanitation, compliance with alcohol and
drug laws, and protection of public and private property.
The provisions of this chapter shall not apply to:
A.
Events sponsored or sanctioned by the Town of Casco or approved by
the Selectboard.
B.
Public school functions involving student population and staff and
held on school property and approved by the School Board.
C.
Private school functions involving student population and staff and
held on school property.
D.
Funerals and memorial services.
As used in this chapter, the following terms shall have the
meanings indicated:
That portion of the premises on which the mass gathering
is held within which persons in attendance are expected to sit or
stand.
Any gathering, pageant, amusement show, exhibition, festival,
theatrical performance, or other special event held with the intent
to attract 500 or more persons at any time in a single assembly area
not otherwise operating under the approval of the Town of Casco.
[Amended 6-14-2017 by
Art. 27]
Any gathering, pageant, amusement show, exhibition, festival,
theatrical performance, or other special event held with the intent
to attract at least 250 persons but fewer than 500 persons at any
time in a single assembly area not otherwise operating under the approval
of the Town of Casco.
[Amended 6-14-2017 by
Art. 27]
A religious, charitable or benevolent association or organization
which is registered with the State of Maine and the Internal Revenue
Service and holds a valid tax-exempt certificate. The final determination
of what organization qualifies as a not-for-profit organization will
rest with the Casco Selectboard.
The person responsible for the mass gathering.
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 Manager and in a form approved by
the Town Attorney as to form, sufficiency, manner of execution and
surety in an amount set by the Town Manager.
Any person, sole proprietor, partnership, corporation or
other entity.
Schools operated by an agency, organization, or institution
other than the Town, any other municipality, the State of Maine, the
United States government or any agency or instrumentality thereof.
Those costs incurred by the Town in connection with a mass
gathering which would not be incurred by the Town if the mass gathering
were not held.
School operated and governed by the state or a local government.
The Selectboard of the Town of Casco.
The Town of Casco.
A.
No person shall sponsor, promote, operate or hold any mass gathering
without first procuring a license from the Town.
(1)
Licenses for minor mass gatherings shall require a license issued
by the Town Manager according to the procedure contained herein, except
those provisions relating to the requirement for public hearing and
approval by the Selectboard. Appeals from a denial of a minor mass
gathering application may be made in writing to the Selectboard and
must be filed with the Town Clerk within five working days of the
date of the denial.
(2)
Licenses for major mass gatherings shall require a license issued
by the Selectboard according to the procedure contained herein.
B.
The licensing procedure will be administered in the following manner:
(1)
Any person seeking a mass gathering license shall be provided a copy
of this chapter upon request.
(2)
The person(s) seeking a license must file a completed application
form with the Town Clerk not less than 60 days before the proposed
event.
(3)
Applications for mass gathering licenses shall be acted upon by the
Town Manager or Selectboard, as appropriate, not less than 30 days
before the proposed event.
(4)
Licenses will be issued for events to be held on property meeting the requirements of Chapter 215, Zoning, of the Town Code.
[Amended 6-14-2017 by
Art. 27]
(5)
Application fees shall be due when the application is filed, shall
not be refundable, and shall be as follows:
(a)
Not-for-profit organizations applying for a minor or major mass
gathering license shall pay an application fee of $1.
(b)
Individuals and for-profit organizations applying for a minor
mass gathering license shall pay an application fee of $100.
(c)
Individuals and for-profit organizations applying for a major
mass gathering license shall pay an application fee of $250.
(6)
The application must include:
(7)
Within five working days of receipt of an application, the Town Clerk
shall forward a copy of the application to the Town Manager, Fire
Chief, Rescue Chief, Public Works Director, and Code Enforcement Officer.
For a major mass gathering application, the Town Clerk shall schedule
a public hearing before the Selectboard.
(8)
Before a license can be issued for a major mass gathering, the Selectboard
shall hold a public hearing to review the application and determine
the conditions required to safeguard the public health, safety and
welfare. The Selectboard may deny or grant the license, or grant the
license and impose conditions to safeguard the public interest. Such
conditions may include, but are not limited to, requiring the applicant
to:
(a)
Post a performance guaranty/bond in a form acceptable to the
Town Manager and in an amount reasonably necessary to ensure prompt
cleanup of the grounds and payment of damages to public or private
property in the area of the event. Promptly following the mass gathering,
the Town shall release the performance guaranty if the operator pays
all cleanup and public costs within 10 working days after the mass
gathering.
(b)
Agree to hire certified police officers (one sworn officer for
each 500 people in attendance), other security, and fire/rescue personnel
as necessary, at the expense of the licensee. The appropriate law
enforcement agency and Fire Chief will be notified before the proposed
event whether personnel will be needed.
(d)
Demonstrate, by means of a written descriptive plan, that adequate
parking spaces will be available.
(e)
Provide a plan showing how crowd security and police protection
of private property will be accomplished.
(f)
Provide a plan for controlling traffic, which shall contain,
as appropriate:
[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, if such
vehicles would prevent the free flow of traffic.
(g)
Provide a plan for evacuating the site in the event of a natural
disaster or other civil emergency.
A.
The Code
Enforcement Officer will enforce this chapter.
B.
Violation
of this chapter constitutes a civil violation punishable by a civil
penalty of $500 for each violation. Each day such violation continues
shall constitute a separate offense.
C.
Licenses
issued under this chapter are not transferable or assignable without
prior approval of the Selectboard.
In the event that any section or provision of this chapter is
declared by a court of competent jurisdiction to be invalid for any
reason, such decision shall not invalidate any other section or provision
of this chapter.
