[HISTORY: Adopted by the Town of Kennebunkport 3-22-1986; amended 6-18-2005, 11-6-2007; 6-10-2008. Subsequent amendments noted
where applicable.]
The Town of Kennebunkport recognizes the desirability of certain
outdoor events and mass gatherings and hereby ordains the following
to protect the general welfare and promote public health and safety
by addressing issues arising out of such events and gatherings, such
as traffic congestion, crowd control, public safety, health and sanitation,
compliance with alcohol and drug laws, and protection of public and
private property.
As used in this chapter, the following terms shall have the
meanings indicated:
Those mass gatherings which are sponsored by local businesses
or other groups with the intention of generating profits and/or for
the purpose of attracting tourists and others to Kennebunkport for
commercial reasons, such as promoting tourism or increasing the sale
of goods or services available in the Town or its environs. By way
of illustration only and without limitation, the term "commercial
gathering" includes the July 4 fireworks display, winter prelude,
craft fairs, circuses, and similar events.
Any commercial or noncommercial gathering or special event
held outdoors or in a tent with the intent to attract the attendance
of 250 or more persons. All mass gatherings must be permitted, as
outlined below.
Those mass gatherings whose primary purpose relates directly
to the expression of philosophical, religious, political, patriotic
or social points of view and which are not primarily designed for
commercial reasons, such as generating profits and/or promoting tourism
or increasing the sale of goods or services available in the Town
and its environs. By way of illustration only and without limitation,
the term "noncommercial gathering" includes political speeches, religious
activities, Memorial Day observances, and similar events. Weddings,
family reunions, wakes and funerals are considered noncommercial gatherings
under this chapter, unless those events are conducted by the applicant
for commercial purposes.
A.
Permit required. All persons, corporations, partnerships, associations,
or groups of any kind that sponsor, promote or conduct a mass gathering
(the "applicant") shall first procure from the Town a permit therefor.
B.
Charges.
[Amended 11-3-2020]
(1)
Charges for commercial gatherings. The applicant for a commercial
gathering shall pay a nonrefundable permit fee as set by the Board
of Selectmen, plus the costs incurred by the Town for traffic and
crowd control, as outlined below:
(a)
In the case of commercial gatherings where uniformed police
officers are required for traffic and crowd control, costs actually
incurred by the Town for the required police officers, vehicles, and
equipment, as calculated by the Chief of Police, shall be paid by
the applicant.
(b)
The number of police officers, police vehicles, and any other
health and/or safety equipment that is required will be determined
by the Chief of Police in a systematic, consistent, and nondiscriminatory
manner based on factors such as the location of the event, the route
to be taken (if any), the duration of the event, the estimated number
of people who will attend, whether or not any roads (in one or both
directions) need to be closed off, and/or the impact of any other
mass gatherings or other activities generating the need for traffic,
parking and/or crowd control that are also being held within the Town
at the same time.
(c)
If a mass gathering requires on-duty police officers to work
overtime, the applicant will be charged at the applicable overtime
rate for the employee performing the work, per the current union contract.
(d)
If a mass gathering requires the use of off-duty police officers,
the rate of hourly pay will be regulated by the current union contract.
The Town shall also charge an additional amount to defer the costs
of social security, Maine State Retirement, and workers' compensation.
(2)
Charges for noncommercial gatherings. The applicant for a noncommercial
gathering shall pay a permit fee as set by the Board of Selectmen,
which shall be the only fee that is charged. However, where the applicant
demonstrates that it is unable to pay such fee, the Chief of Police
or his/her representative shall waive such fee.
A.
Issuing authority.
(1)
All permits shall be issued, approved, approved with conditions or
disapproved by the Chief of Police or the Chief's representative,
after consultation with the Town Manager, the Code Enforcement Officer
and any other Town officials or employees as the Chief of Police deems
necessary, according to the procedure contained herein.
(2)
Any applicant aggrieved by this decision or the fee charged shall
have the right to appeal the decision or the fee charged within five
days to the Board of Selectmen, which shall hear the appeal at its
next regularly scheduled meeting or at a special meeting called to
hear the appeal.
B.
Procedures and standards.
(1)
No permit shall be granted unless the applicant shows that proper
facilities will be available for the proposed event or gathering in
the area to be used and that adequate precautions have been taken
to ensure the public health and safety of attendees and the general
public.
(2)
In reviewing an applicant's proposal, the Chief of Police, in consultation
with the Town Manager, the Code Enforcement Officer and other Town
officials or employees, as deemed necessary, shall take into consideration
any or all of the following factors that are relevant in determining
whether to issue a permit:
C.
Additional requirements.
(1)
All commercial and noncommercial gatherings shall meet all requirements
of the Town of Kennebunkport for emergency medical treatment, parking,
public safety, sanitary provisions, financial obligations and other
requirements set forth by the Town of Kennebunkport.
(2)
Within a zone where commercial uses are not permitted, no parcel
may be used as the location for a commercial gathering more frequently
than once every 120 days.
A.
The Town
shall enforce this chapter through its Code Enforcement Officer.
B.
Violation
of this chapter or the conditions of the permit issued may result
in revocation of the mass gathering permit and a civil penalty of
$1,000 for each violation. Each day such violation continues shall
constitute a separate offense.
Permits issued under this chapter are not transferable or assignable,
without prior approval of the Board of Selectmen.
