[Adopted 6-11-1984 by Ord. No. 2-1984; amended in its entirety 9-9-2002 by Ord. No. 2-2002 (Ch. 9, Art. II, of the 1976 Code)]
A.
It shall be unlawful for any organization,
partnership, firm, persons, corporation, or other entity to use or
make use of or organize any event or affair on any municipally owned
lands, whether any such event or affair is open to the general public
or not, without first obtaining a permit therefore in compliance with
the provisions of this article.
B.
For the purposes of this article,
an "event or affair" is defined as a gathering or assembly of 30 or
more persons for any common purpose or purposes whatsoever and within
the immediate vicinity of each other.
This article shall apply to all charitable, benevolent, religious,
literary, scientific, and/or educational institutions or organizations
and any other organizations, firms, corporations, persons, partnerships,
or other entities, whether or not any of such are organized for profit
or nonprofit purposes and whether or not any such event or affair
is for profit or nonprofit or charitable purposes; except any known
organized sports or events such as little league baseball, adult softball,
etc., shall have first refusal on Town facilities, and any event or
affair sponsored by the Town of Winslow or any of its boards, agencies,
or departments, shall be exempt from this article, except that the
director of parks and recreation shall retain authority over the scheduling
and conduct and use of all municipally owned lands for such events
or affairs sponsored by any such organization of the Town of Winslow
or any of its boards, agencies, or departments.
A.
All firms, corporations, partnerships,
persons, or other entities requesting such a permit under this article
must complete the application furnished by the Parks and Recreation
Director and shall clearly state the date, time, place, manner, and
purpose for which such permit is desired. Fees for each of such permits
under this article for profit organizations or entities shall be a
nonrefundable fee according to the fee schedule recommended by the
Board of Parks and Recreation and Director and approved by the Town
Council.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
The Parks and Recreation Director
or his representative during normal business hours, Monday through
Friday only, may approve such permit after determining that the granting
of such a permit will not be detrimental to any person or to the public
or a danger to the health, comfort, safety of any person or of the
public. Any permit granted under the provisions hereof shall designate
the place where such event or affair shall be transacted, a specified
period of time in which such permit is valid, and any other terms
or conditions which the Parks and Recreation Director may require,
including the furnishing of payment of utilities at the municipally
owned land involved.
C.
Conduct authorized under such
permit shall be limited to the hours between 7:00 a.m. and 9:30 p.m.
during such days as the Winslow Parks and Recreation Director or his
representative have issued such permit; and no firm, corporation,
person, organization, partnership or other entity shall have more
than six permit dates scheduled at any one time within a calendar
month. Consecutive permit requests will be awarded at the discretion
of the Parks and Recreation Director. There shall be no limit to the
number of permits issued to a firm, corporation, person, organization,
partnership, or other entity in a calendar year.
A.
Besides any other terms or conditions
which the municipal officers or the Parks and Recreation Director
may place on any event or affair of any applicant/permittee, every
applicant/permittee by its duly authorized representative, shall agree
to release, indemnify, and hold harmless the Town of Winslow and any
of the Town's officers, officials, agents, or employees, in both their
personal and official or corporate capacities, from any liability
or claim, whether based on a tort, contractual, or other claim of
any nature whatsoever, including, but not limited to, any loss or
damage to property or injury to or death of any person that arises
out of any such event or affair of or by such applicant/permittee.
Furthermore, if required by the municipal officers, the applicant/permittee
shall procure and maintain in full force at its sole cost and expense
during the term of its event or affair adequate public liability insurance
and/or worker's compensation insurance coverage for such event or
affair and such applicant/permittee's use and occupancy of municipally
owned land therefore, and the municipal officers may further require
that any such insurance be procured by the applicant/permittee specifically
for the benefit and coverage of the Town of Winslow and/or its officers,
officials, agents, or employees.
B.
Also, any such applicant/permittee
under this ordinance, by its duly authorized representative, shall
agree and be liable for and responsible to remove, at the termination
of its event or affair, all of its equipment, personal property, fixtures,
chattels, improvements, and all litter, trash, refuse, and debris,
either owned by it or resulting from such applicant/permittee's event
or affair, and to deliver up such municipally owned land at the termination
of such permit under this article in a clean, neat, and pollution-free
manner and its original and natural condition, ordinary wear and tear
by pedestrian foot traffic excepted.
In addition to the nonrefundable fee as required by this article,
the municipal officers may require the applicant/permittee to provide
a deposit, in cash or certified check, in a sum not to exceed $500,
with the Town Treasurer to offset any costs incurred by the Town of
Winslow for damages to any municipally owned land or any expenses
incurred by the Town of Winslow as a result of or arising from that
event or affair of the applicant/permittee; if, after inspection of
that municipally owned land used by the applicant/permittee by the
Parks and Recreation Director, no damage has occurred, the deposit
shall be refunded, and if damage has occurred, the Town Treasurer
shall apply such deposit towards such damage and refund the balance,
if any, to the applicant/permittee, and if damage has occurred which
exceeds the deposit, the applicant/permittee shall continue to be
responsible for such damages as mentioned herein by this section and
shall be so liable by civil suit by the Town of Winslow and by fine
as herein stated in this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
No applicant/permittee shall preempt any event or affair over
any other event or affair which has previously been granted a permit
and the Parks and Recreation Director may grant exclusive use of that
municipally owned land upon which such event or affair of the applicant/permittee
shall occur.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The applicant/permittee shall not allow any alcoholic beverages
at its event or affair on such municipally owned land unless such
event or affair is catered by a holder of a current license from the
Maine State Liquor and Lottery Commission with prior approval of the
Parks and Recreation Director.
Any applicant/permittee denied the use of municipally owned
land for any event or affair shall have the right to appeal the denial
to the Town Council, and the appeal shall be made in writing, stating
all information concerning the denial, and shall be filed with the
Town Clerk within seven days from such denial.
A.
The applicant/permittee shall
not make or suffer any waste, nuisance, or unlawful, improper, or
offensive use or any use or occupancy of such municipally owned land
for which a permit under this article is given which is contrary to
any law, regulation, rule, policy, bylaw, or order of any state or
federal government, or of the Town of Winslow, to include pets of
any kind that could be perceived to be intimidating or dangerous to
the general public and any weapon, device or instrument that could
be deemed dangerous in the manner in which it is used or threatened
to be used or which is capable of causing death or bodily harm, or
which use or occupancy of such municipally owned land by such applicant/permittee
shall be injurious to any person or property or to the municipally
owned land involved, or which shall be liable to endanger or affect
any insurance which is pertinent to such municipally owned land or
the operation thereof by the applicant/permittee or which insurance
is pertinent to the applicant/permittee's event or affair.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Furthermore, any applicant/permittee,
if required by the Parks and Recreation Director and so stated on
the permit given under this article, shall provide at the applicant/permittee's
sole cost and expense adequate fire protection and/or qualified fire
department personnel or a qualified traffic control officer or officers,
or a qualified police officer or officers for the purpose of maintaining
order or adherence to state, federal, or municipal laws, ordinances
or regulations, or for safety purposes.
C.
If any such event or affair shall
include or shall reasonably be expected to include more than 30 persons
participating in or gathering in any such event or affair, the applicant/permittee
may have to provide sanitary toilet facilities at its sole cost and
expense for such event or affair.
[Amended 10-12-2010 by Ord. No. 3-2010]
Any firm, organization, corporation, persons or other entity
which shall in any manner violate any of the provisions of this article
or which violates any conditions of any permit granted under the provisions
hereof, shall be subject to, besides civil lawsuit and damages, court
summons and immediate suspension of such permit by the police chief
or his representative, and shall upon conviction be punished by a
fine of not less than $100 nor more than $1,000, plus restitution
for any damages done or cleanup necessitated by such violations. Each
incident of a violation of this article or a condition of a permit
hereunder or each day any such violation continues shall constitute
a separate offense, and no permit shall be issued for a period of
up to 18 months.
