[HISTORY: Adopted by the City Council of the City of Westbrook
as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-18-2019 by Ord. No. 2019-52 (Ch. 40 of the 2007 Code)]
The purpose of this article is to provide the City of Westbrook
with a mechanism for regulating the dates, times, location and conditions
under which permittees are authorized to make use of City-owned or
City-controlled property in a manner that protects public health,
safety and welfare; promotes the use of City property for special
recreational, entertainment, or charitable events; and minimizes potential
conflicts in the use of City property.
For purposes of this article, the following definitions shall
apply:
Any land and buildings owned or operated by the City of Westbrook,
including but not limited to parks and streets.
Any gathering sponsored by an individual, corporation, partnership
or other entity or organization, intended primarily for recreational,
entertainment or charitable purposes, which requires the use of City
property.
A.
All events on City properties shall require the prior submission
of an application in a form provided by the City. The application
shall be reviewed by the Event Permit Committee (the EPC), which shall
include members from the City Clerk's office, the Police Department,
the Fire & Rescue Department, Public Services, Code Enforcement,
Community Center, and other appropriate department representatives.
No person may conduct an event on City property until an event permit
has been issued by the City pursuant to this article.
B.
An event permit shall grant the right to use the building(s) and/or
area(s) described in the permit, during the time and for the purposes
described in the permit. During the time of a permitted event, the
building(s) and/or area(s) where the event is conducted shall be deemed
closed to other public uses, except for emergency purposes, unless
otherwise specified in the event permit.
A.
Each event permit application shall be submitted to the City Clerk's office no later than 45 days prior to the proposed event, unless this time period is waived by the EPC or the City Council for good cause. The applicant shall be responsible for paying the permit application fee set forth in Chapter A400, Master Fee Schedule.
B.
The application shall be on a form provided by the City and shall
include, at a minimum:
(1)
Dates and times of event.
(2)
Description of the event.
(3)
Designated areas of City property to be affected.
(4)
Estimated number of people attending event.
(5)
Evidence of liability insurance and ability to add the City as an
additional insured.
(6)
Plan for after-function cleanup.
(7)
Plan for dealing with traffic, parking, and crowd control.
(8)
Need for sanitary facilities for the event.
(9)
List of proposed vendors, if any, at the event.
(10)
Need for City services, including but not limited to utilities,
required for the event.
(11)
Whether amplified sound will be used.
(12)
Such additional information as the City determines to be necessary
for a review of the application for compliance with this article and
efficient operation of City property.
In considering whether to issue a permit, the EPC shall consider:
A.
Whether the proposed event can be conducted in the location proposed
without endangering public health and order of the City property by:
(1)
Providing adequate traffic control for the event.
(2)
Providing adequate crowd control for the event.
(3)
Having adequate liability insurance and naming the City as an additional
insured.
(4)
Having arrangements for cleanup of the property following the event.
(5)
Not posing an undue burden on municipal services or utilities.
(6)
Not having an undue adverse effect on neighboring properties due
to noise, litter or other negative features of the event.
B.
Past experience with the sponsoring organization/individuals and
issues with prior damage to City property or unpaid fines or fees.
Each food establishment vendor, including any mobile food trucks
and pushcarts, that operate at a fixed location for a period of time
in conjunction with a single event or celebration must obtain a temporary
food service license from the City Clerk's office. Any individual
and/or organization operating as a vendor without the required license(s)
shall be considered in violation of this article and subject to the
penalties herein. For purposes of this article, no temporary food
service license shall be issued for a single event of more than three
days.
A.
The applicant shall be responsible for paying the permit application fees and expenses set forth in Chapter A400, Master Fee Schedule. When the applicant is the City of Westbrook, Westbrook School Department, or a charitable organization based in Westbrook, the application fees shall not be required, and the City of Westbrook shall cover any expenses for City services required.
B.
Some events may require City services, including but not limited
to police, fire, public services and ambulance support. The City shall
provide a good-faith estimate to each applicant for the cost of these
services, and the applicant shall be responsible for these costs as
a condition of the issuance of the event permit.
C.
Event organizers shall be solely responsible for any damage to City
property resulting from their event and, as a condition of their permit,
agree that the City may take whatever action is necessary to recover
all costs associated with repairing the damage and returning the property
to its condition prior to the event.
An applicant for an event permit may appeal a decision of the
EPC to the City Council.
A.
Any person who violates any provision of this article or who fails to comply with the terms of an event permit commits a civil violation and shall be subject to a penalty established in Chapter A401, Master Fine Schedule, plus an amount equal to any City costs incurred for City services, trash removal or property damage of public property. Violations of this article shall be enforceable by the Westbrook Police Department. All penalties collected hereunder shall inure to the City of Westbrook. If the City has to bring an enforcement action in court to recover its damages and prevails in the action, the holder of the event permit will be liable for the City's costs of prosecution of the action, including its attorneys' fees.
B.
Event organizers are also expected to independently secure all other
necessary permits and licenses associated with their event. The holder
of an event permit shall be solely responsible for conducting the
event in compliance with the conditions of the permit and for maintaining
public safety and order during the event.
[Adopted 7-15-2019 by Ord. No. 2019-129 (Ch. 42 of the 2007 Code)]
The City of Westbrook recognizes that outdoor gatherings of
500 or more persons, regardless of the length of their duration, may
increase possible hazards to the health and safety of the public.
Accordingly, the City of Westbrook hereby determines that it is necessary
and in the interest of public safety to regulate these types of events
on both public and private properties.
The provisions of this article shall apply to all gatherings
of 500 or more persons within the City of Westbrook, except the following:
A.
City-sponsored events that have been approved by the City Council.
B.
Westbrook School Department functions involving students and staff
that are held on school property and have been approved by the School
Board.
C.
Events that are held on private property and have already received
approval from the City of Westbrook Planning Board.
D.
Events held by religious institutions on their own property.
As used in this article, the following terms shall have the
meanings indicated:
The portion of the premises on which the large outdoor event
is held within which persons in attendance are expected to sit or
stand.
Any outdoor gathering, pageant, amusement show, exhibition,
festival, theatrical performance, concert or other special event that
is held outdoors with the intent to attract 1,000 or more persons
at any time in a single assembly area.
Any outdoor gathering, pageant, amusement show, exhibition,
festival, theatrical performance, concert or other special event that
is held outdoors with the intent to attract at least 500 persons but
fewer than 1,000 persons at any time in a single assembly area.
A religious, charitable or benevolent association or organization
which is registered with the State of Maine and holds a valid tax-exempt
certificate from the Internal Revenue Service.
An irrevocable letter of credit from a banking institution
authorized to do business in Maine, cash escrow, or other financial
guarantee, acceptable to the Mayor or the City Administrator and in
a form approved by the City Solicitor, provided by an applicant for
a mass gathering event permit to guarantee the payment of the costs
of the prompt cleaning of the grounds after the close of the mass
gathering event and the City's police, fire, rescue and public works
costs for traffic control, public safety, first aid, fire prevention
and law enforcement activities performed by the City as a result of
the mass gathering event (also referred to as the "public costs").
Those costs incurred by the City of Westbrook in direct connection
with a mass gathering event which would otherwise not be incurred
if the mass gathering were not held, including but not limited to
the prompt cleaning of the grounds after the close of the mass gathering
event and the City's police, fire, rescue, and public works costs
for traffic control, public safety, first aid, fire prevention and
law enforcement activities performed by the City as a result of the
mass gathering event.
A.
The permitting procedure will be administered in the following manner:
(1)
Person(s) seeking a permit must file an event permit application as outlined in Article I of this chapter.
(2)
The City's Event Permit Committee will review the application within
five business days of filing and make recommendations to the Mayor's
office. This recommendation will include a list of expected impact
to City services and specific requirements deemed necessary by City
departments.
(3)
Minor mass gathering event permits will be issued through the Mayor's
office and shall list any stipulations the permit will require.
(4)
Major mass gathering event permits will be issued with the approval
of the City Council after any required public hearings, all of which
shall be held no later than 15 business days after filing.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Fees and impact on City services.
(1)
The applicant shall be responsible for paying the permit application fees and expenses set forth in Chapter A400, Master Fee Schedule. When the applicant is the City of Westbrook, Westbrook School Department or a charitable organization based in Westbrook, the application fee shall not be required, and the City shall be responsible for all public costs.
(2)
Applicants for mass gathering event permits will be required to pay
for all public costs, if the same is made a condition of the permit.
The City shall provide a good-faith estimate to each applicant for
the cost of these services before a mass gathering event permit is
granted.
(3)
Applicants for a mass gathering event permit shall be solely responsible
for any damage to City property resulting from the issuance of the
permit. The City may take whatever action is necessary to recover
any and all costs associated with repairing the damage and returning
the property to its condition prior to the event.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(4)
Except as established in Subsection B(1), the applicant shall be responsible for posting the required performance guarantee to cover public costs. The City shall release the performance guarantee if the operator pays all such public costs within 10 working days after the large outdoor event. If the operator fails to pay, the City shall utilize the funds up to the amount necessary to cover the unpaid public costs. If any funds remain after such reimbursement, they shall be released in accordance with the terms of the performance guarantee.
C.
Appeals.
(1)
In the event that an application for a minor mass gathering event
is denied, the applicant may appeal the decision to the City Council
within 30 days of the issuance of the denial.
(2)
The City Council shall conduct a de novo review of each denied application
that is appealed and shall issue a written decision no more than five
business days following the hearing of such an appeal.
(3)
Appeals from decisions of the City Council may be filed in Maine
Superior Court pursuant to the provisions of Rule 80B of the Maine
Rules of Civil Procedure.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The permit application submitted shall be in the form prescribed
by the Event Permit Committee. A permit application shall only be
approved upon a finding by the applicable reviewing body of compliance
with the following:
B.
Grounds.
(1)
Each mass gathering area shall be arranged and designed to provide
sufficient space for persons, vehicles, sanitary facilities and equipment.
(2)
Natural vegetation shall be left intact and undisturbed whenever
possible.
(3)
Grounds will be maintained and free from accumulation of refuse and
any health and safety hazards that may constitute a nuisance condition.
(4)
Assembly and egress areas will be adequately lighted.
(5)
Adequate parking areas, including handicapped spaces, shall be provided.
C.
Water supply.
(1)
An adequate and safe supply of drinking water shall be provided.
(2)
Transported water shall be obtained from an approved source and stored
and dispensed in an approved manner.
(3)
The water supply, if anything other than public water service, shall
comply with the standards adopted by the Maine Department of Health
and Human Services, Division of Environmental and Community Health.
D.
Sanitation.
(1)
Where water is distributed under pressure for drinking, washing,
or flushing toilets, the water supply system shall deliver water at
a minimum of 20 pounds per square inch to all fixtures at a rate of
at least 30 gallons per person per day.
(2)
Where 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.
(3)
Toilets shall be provided at a ratio of one for each 150 persons.
E.
Refuse disposal.
(1)
One fifty-gallon refuse container or its equivalent shall be provided
for each 100 persons.
(2)
All refuse containers shall be collected from the assembly area at
least once each day and disposed of in an approved manner.
(3)
Refuse disposal shall be provided by the applicant for the assembly
area and all property immediately surrounding the assembly area.
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.
Electrical service. Where any electrical system is to be installed,
it shall be done in accordance with all state and local requirements.
When required, work shall be inspected by the City's Electrical Inspector
prior to the issuance of a mass gathering permit.
H.
Fire and emergency medical services.
(1)
The applicant shall notify Westbrook Fire & Rescue of the date
and time of any major mass gathering event, in writing, at least seven
days prior to the event in order for the Fire Chief or their designee
to ensure adequate fire prevention personnel and equipment are available
as well as ensuring all required inspections are completed. The Fire
Chief will be responsible for determining what additional equipment
and the number of additional personnel that may be needed.
(2)
Emergency medical services shall be provided as needed by the Westbrook
Fire & Rescue Department and/or other licensed agents approved
by the Fire Chief. Licensed agents include physicians, physician assistants,
nurse practitioners, registered nurses or emergency medical technicians
licensed by the State of Maine. The Fire Chief will determine the
number of licensed personnel and ambulances that will be required.
(3)
Grounds, buildings, and related facilities shall be constructed,
maintained and used in a manner so as to prevent fire and in accordance
with all applicable state and local fire prevention regulations.
I.
Law enforcement.
(1)
Internal and external traffic and security control shall meet requirements
of all applicable state and local law enforcement ordinances.
(2)
Any traffic control measures and road closures of public streets
will require the Westbrook Police Department or its designee to be
present.
(3)
The Police Chief or their designee shall determine the number of
police officers that will be needed to provide adequate coverage for
the event.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any person who violates any provision of this article or who fails to comply with the stipulation of the permit commits a civil violation punishable by a civil penalty established in Chapter A401, Master Fine Schedule, for each violation. Each day such violation continues shall constitute a separate offense. In any enforcement action under this provision where the City is the prevailing party, the City shall also be entitled to recover its costs of enforcement, including its attorneys' fees.
