This chapter is adopted pursuant to the Home Rule powers under the Maine Constitution and 30-A M.R.S.A. § 3001.
[HISTORY: Adopted by the Town Council of the Town of Windham 1-26-1999 by Order 99-4 (Ch. 168 of the 1991 Code). Amendments noted where applicable.]
The Town of Windham recognizes the desirability of certain outdoor events, including exhibitions, festivals, music concerts, and fairs, and hereby ordains the following to protect the general welfare and promote public health and safety by addressing issues arising therefrom, such as traffic congestion, crowd control, health and sanitation, compliance with alcohol and drug laws, and protection of public and private property.
The provisions of this chapter shall not apply to:
A.
Events held by the Town of Windham and approved by the Town Council.
B.
Public school functions involving student population and staff and held on school property and approved by the RSU No. 14 School Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
Private school functions involving student population and staff and held on school property.
As used in this chapter, the following terms shall have the meanings indicated:
That portion of the premises on which the mass gathering is held within which persons in attendance are expected to sit or stand.
Any outdoor gathering, pageant, amusement show, exhibition, festival, theatrical performance, or other special event held outdoors with the intent to attract at least 1,000 persons at any time in a single assembly area not otherwise operating under the approval of the Town of Windham.
Any outdoor gathering, pageant, amusement show, exhibition, festival, theatrical performance, or other special event 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 otherwise operating under the approval of the Town of Windham.
A religious, charitable or benevolent association or organization which is registered with the State of Maine and the Internal Revenue Service and holds a valid tax-exempt certificate.
The person responsible for the mass gathering.
An irrevocable letter of credit from a banking institution authorized to do business in Maine, cash escrow, or other financial guarantee acceptable to the Town Manager and in a form approved by the Town Attorney as to form, sufficiency, manner of execution and surety in an amount set by the Town Manager.
Any natural person, sole proprietor, partnership, corporation or other entity.
Schools operated by an agency, organization, or institution other than the Town, any other municipality, the State of Maine, the United States government or any agency or instrumentality thereof.
Those costs incurred by the Town in connection with a mass gathering which would not be incurred by the Town if the mass gathering were not held.
Schools operated and governed by the Town.
The Town of Windham.
The Town Council of the Town of Windham.
A.
No person shall sponsor, promote, operate or hold any mass gathering without first procuring a license from the Town.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1)
Minor mass gatherings shall require a license issued by the Town Manager according to the procedure contained herein, except those provisions relating to the requirement for public hearing and approval by the Town Council. Appeals from a denial of a minor mass gathering application may be made, in writing, to the Town Council and must be filed with the Town Clerk within five working days of the date of the denial.
(2)
Major mass gatherings shall require a license issued by the Town Council according to the procedure contained herein.
B.
The licensing procedure will be administered in the following manner:
(1)
Any person seeking a mass gathering license shall be provided a copy of this chapter.
(2)
The person(s) seeking a license must file a completed application form with the Town Clerk not less than 60 days before the proposed event.
(3)
Applications for mass gathering licenses shall be acted upon by the Town Manager or Town Council, as appropriate, not less than 30 days before the proposed event.
(4)
Licenses will be issued for events to be held on property meeting the requirements of Chapter 120, Land Use.
(5)
Application fees shall be due when the application is filed, shall not be refundable, and shall be set by the Town Council.
(6)
The application must address:
(7)
Within five working days of receipt of an application, the Town Clerk shall forward a copy of the application to the Town Manager, Police Chief, Fire-Rescue Chief, Public Works Director, and Code Enforcement Officer, and the Town Clerk shall schedule a public hearing for a major mass gathering at the earliest possible meeting of the Town Council.
(8)
Before a license can be issued for a major mass gathering, the Town Council shall hold a public hearing to review the application and determine the conditions required to safeguard the public health, safety and welfare. The Town Council may deny or grant the license, or grant the license and impose conditions to safeguard the public interest. Such conditions may include, but are not limited to, requiring the applicant to:
(a)
Post a performance guaranty/bond to insure prompt cleanup of the grounds and payment for damages to public or private property in the area of the event. Promptly following the mass gathering, the Town shall release the performance guaranty if the operator pays all cleanup and public costs within 10 working days after the mass gathering.
(b)
Agree to hire certified police officers, other security, and/or fire-rescue personnel as necessary, at the expense of the licensee. The Police Chief and Fire-Rescue Chief will be notified before the proposed event whether personnel will be needed.
(d)
Demonstrate, by means of a written descriptive plan, that adequate parking spaces will be available.
(e)
Provide a plan showing how crowd security and police protection of private property will be accomplished.
(f)
Provide a plan for controlling traffic, which shall contain, as appropriate:
[1]
A description of routes which persons attending are likely to take;
[2]
Methods to be used to publicize alternative routes;
[3]
The number of persons who will be present to direct traffic at the site both before and after the event, and their locations; and
[4]
A description of what means will be available to remove disabled vehicles from locations under the control of the operator, if such vehicles would prevent the free flow of traffic.
(g)
Provide a plan for evacuating the site in the event of a natural disaster or other civil emergency.
The Code Enforcement Officer will enforce this chapter. Violation of this chapter constitutes a civil violation punishable by a civil penalty of $1,000 for each violation. Each day such violation continues shall constitute a separate offense. Licenses issued under this chapter are not transferable or assignable, without prior approval of the Town Council.