This chapter shall be known and may be cited as "Farm Based
Special Events Licensing."
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 farm-based special events, including
exhibitions, festivals, music concerts, weddings, 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. Therefore,
the following license 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:
FARM-BASED SPECIAL EVENT
An event held indoors or outdoors on farmland that is at least five contiguous acres in size and is primarily used for farming, agriculture or horticultural activities. Such events may be for commercial purposes other than farming and may include, but are not limited to, weddings, wedding receptions, family reunions, special occasion celebrations, fairs and recreation programs, subject to the requirements of §
315-49.1. Farms must be registered farms with the Town Assessor.
In reviewing submitted pursuant to §
81-4, 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.
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.
(b)
The width of the service road should not be less than the following:
[1]
One traffic lane: 12 feet.
[2]
Two traffic lanes: 24 feet.
[3]
Parallel parking lanes: seven feet.
(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. 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.
(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 nonwater 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 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 thirty-two-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 thirty-two-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 Police, Fire/EMS Department has been informed
of the event and adequate public safety protection equipment is available.
H. Noise. No amplification of music or sound shall continue beyond 10:00
p.m. measured by a sound-level meter and frequency-weighting network
(manufactured according the standards prescribed by the American National
Standards Institute), inherently and recurrently generated shall not
exceed a maximum of 60 decibels at lot boundaries, excepting air raid
sirens and similar warning devices.
Each event license may hold up to eight events per calendar year with an approved event license. The Town Council authorizes the Town Manager, or his designee, to meet with license holders to issue permits for proposed scheduled events and to collect fees. Chapter
84, Fees and Fines will list the permit fee for each farm-based special event. Said permit fee shall adequately cover the costs for additional public safety staffing as result of one or multiple events occurring simultaneously in the community. Permit blackout dates around the annual Cumberland Fair are expected due to the lack of local resources to adequately cover the Town.
The Town Council may, after a public hearing preceded by notice
to interested parties, suspend or revoke any farm-based special event
license which has been issued under this chapter on the ground that
the music, dancing, or entertainment so permitted constitutes a detriment
to the public health, safety, or welfare or violates any municipal
regulations.
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.
The Town Council may, in its discretion, waive any of the requirements under §
81-4 or §
81-5 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 license application.
Licenses issued hereunder shall not be transferable or assignable.