[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:
CITY PROPERTY
Any land and buildings owned or operated by the City of Westbrook,
including but not limited to parks and streets.
EVENT
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.
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.
An applicant for an event permit may appeal a decision of the
EPC to the City Council.
[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:
ASSEMBLY AREA
The portion of the premises on which the large outdoor event
is held within which persons in attendance are expected to sit or
stand.
MASS GATHERING EVENT, MAJOR
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.
MASS GATHERING EVENT, MINOR
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.
NOT-FOR-PROFIT ORGANIZATION
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.
PERFORMANCE GUARANTEE
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").
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.
[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:
A. Access.
(1) Convenient and safe access for pedestrian and vehicular traffic.
(2) Sufficient traffic control measures and personnel to ensure safety
of the public along all public roadways and along the route the public
is likely to travel to reach the mass gathering area.
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.