[Ord. of 4-5-2004]
This article shall be known as the City of Old Town, Maine "Special
Events Permit Ordinance."
[Ord. of 4-5-2004]
The purpose of this article is to provide the City of Old Town
with a mechanism for regulating the dates, times, location and conditions
under which permittees are authorized to make use of public property
in a manner which is consistent with the public health, safety and
welfare and which promotes the use of public property for special
recreational, entertainment, or charitable events.
[Ord. of 4-5-2004]
For purposes of this article, the following definitions shall
apply:
Any properties owned and maintained by the City of Old Town
as a public park.
Any land owned by the City of Old Town, Maine.
Any event, sponsored by an individual, corporation, partnership
or other entity or organization intended primarily for recreational,
entertainment or charitable purposes, which requires the use of public
property of the City of Old Town, Maine.
MINOR EVENTAn event not exceeding four hours in duration and less than 100 people affiliated with the event, (i.e. a wedding ceremony, etc.).
MAJOR EVENTAn event exceeding four hours in duration and more than 100 people affiliated with the event, (i.e. community festival; carnival; street dance; charitable walk for a cause). Also, a major event clearly involves additional City services (i.e. police protection; more than one vendor needing electrical usage; etc.).
[Ord. of 4-5-2004]
All special events applications will be reviewed and interpreted
as a major or minor event by the City Clerk, police chief, parks and
recreation director and other appropriate department managers. No
person may conduct a major special event on public property without
a special events permit issued by the Old Town City Council pursuant
to this article. If determined to be a major special event, then the
application will be forwarded to the City Council for approval. If
determined a minor event, then the City Clerk will proceed with proper
authorization and fee schedule.
[Ord. of 4-5-2004]
(a)
Each special events permit application shall be submitted to the
City Clerk at least 20 days prior to a regular meeting of City Council
for a major event and 20 days prior to the event for a minor event,
unless waived by the City Council. The application shall be on a form
provided by the City and shall include, at a minimum.
(1)
Dates and times of the event.
(2)
Description of the event.
(3)
Designated areas of public property to be affected.
(4)
Estimated number of people attending event.
(5)
Evidence of capability to run the event, including financial
and personnel.
(6)
Evidence of liability insurance.
(7)
Plan for after function clean up.
(8)
Plan for dealing with traffic, parking, and crowd control.
(9)
Need for extra toilet facilities for the event.
(10)
List of proposed vendors, if any at the event.
(11)
Need for City services, utilities, etc., for the event.
[Ord. of 4-5-2004]
(a)
In considering whether to issue a special events permit, the City
Council shall consider.
(1)
Whether the proposed special event is consistent with the goal
of promoting use of public property for recreational, entertainment
or charitable events.
(2)
Whether the proposed special event can be conducted in the location
proposed without endangering the public safety, disturbing the peace,
ensuring public health and order of the public property by.
a.
Has provided adequate parking and traffic control for the event.
b.
Has provided adequate crowd control for the event.
c.
Has adequate liability insurance.
d.
Has made arrangements for clean-up of the property following
the event.
e.
Does not pose a burden on municipal services or utilities.
f.
Does not have an undue adverse effect on neighboring properties
due to noise, litter or other negative features.
g.
Has adequate financial ability and staff to conduct the event
satisfactorily.
[Ord. of 4-5-2004]
Upon issuance of the special events permit by the City Council
and prior to the conduct of the special event, the permit holder shall
pay to the City Clerk, a nonrefundable application fee based on a
fee schedule set by the City Council to be reviewed as needed. Upon
review and approval of the special event permit application by the
City Council, the applicant will then pay a special event permit fee
based on a fee schedule set by the City Council to be reviewed as
needed. The City Council may waive at will or reduce the permit fees
for nonprofit charitable special events, or for special events which
are sponsored or cosponsored by the City of Old Town.
[Ord. of 4-5-2004]
Any person who violates any provision of this article or who fails to comply with terms of a special events permit commits a civil violation and shall be subject to a penalty as defined in § 1-8 of the Old Town Code of Ordinances. Penalties may include monetary amounts for recovery of police services, trash removal or property damage of public property. Each day such violation continues or is repeated by the same person shall constitute a separate violation. All penalties collected hereunder shall tenure to the City of Old Town.
[Ord. of 4-5-2004]
This article and the terms of a special events permit issued
shall be enforced by any law enforcement officer, by any parks and
recreation staff member or by any other designated City official duly
authorized to enforce its provisions. The authority of parks and recreation
staff members to enforce this article is limited to the park properties.
[Ord. of 4-5-2004]
(a)
No rights created. This article grants no rights to and creates no
property or other legal interests in any person. The City Council,
as trustee of public property, retains full control over public property
and may in its sole and exclusive discretion issue, issue with conditions
or deny special events permits. Decisions of the City Council under
this article shall be final, and this article provides no right of
appeal.
(b)
City not liable. The holder of a special events permit shall be solely
responsible for conducting the special event in compliance with the
conditions of the permit and for maintaining public safety and order
during the special event. The City of Old Town assumes no liability
or responsibility by issuing the permit.
(c)
Conflict with other ordinances. This article shall not repeal, annul,
or in any way impair or remove the necessity of compliance with any
other statute, rule, ordinance, regulation, by-law, permit or other
legal requirements. Where this article imposes a greater restriction
upon the use of public property, the provisions of this article shall
prevail.
(d)
Validity and severability. Should any section or provision of this
article be declared by any court of competent jurisdiction to be invalid
for any reason, such decision shall not invalidate any other section
or provision of this article.
(e)
Exemptions. This article shall not apply to any event sponsored,
organized or conducted by any department or agency of the City of
Old Town. Scheduling of such municipal events shall be subject to
the control of the parks and recreation department or its designees
for events held on property maintained by the department of parks
and recreation and to the control of the City Council or its designees
for events held on any other public property.
(f)
Effective date. The effective date of this article is the date of
its enactment by the City Council of Old Town.
