The Town of Gorham is concerned about the adverse effects to the general health and safety of the community that may result from large crowds which attend outdoor events, including, but not limited to, exhibitions, festivals, music concerts and fairs. Large outdoor gatherings may lead to sanitation problems, resulting from inadequate waste disposal, insufficient drinking water and ill-equipped first aid facilities. Such gatherings may also threaten the safety of the community through the obstruction of roads, violation of liquor and drug laws, and destruction of property. Therefore, the following chapter is hereby ordained for the purposes of protecting the general welfare, preventing disease, promoting health and providing for the public safety.
[HISTORY: Adopted by the Town Council of the Town of Gorham 1-4-2011, eff. 1-5-2011. Amendments noted where applicable.]
The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Any person or entity, including any person or entity organized in a foreign state, that holds itself out to be organized or operated for any charitable purpose or that solicits, accepts or obtains contributions from the public for any charitable purpose. For purposes of this chapter, an organization established for and serving bona fide religious purposes is not a charitable organization.
The person responsible for the outdoor event.
The person named in the application.
A corporation designated as a not-for-profit corporation by the United States Internal Revenue Service.
Any gathering held outdoors with the intent to attract 1,000 or more persons for a festival, exhibition, amusement, show, fair, theatrical performance, musical performance, road race/athletic event or similar activity; or any gathering held outdoors with the intent to attract 250 or more people that will continue overnight.
A performance bond issued by an entity authorized to do business in Maine, cash escrow or other financial guarantee acceptable to the Town Clerk and in a form approved by the Town Attorney/Finance Director, provided by an applicant for an outdoor event license to guarantee the payment of the costs of the prompt cleaning of the grounds after the close of the outdoor event, and the Town police, fire, rescue, other municipal employees and public works prevention and law enforcement activities performed by the Town as a result of the outdoor event (the "public costs"). These public costs shall be those costs incurred by the Town in connection with the proposed outdoor event which would not be incurred by the Town if the outdoor event were not held. The Town shall release the performance guarantee if the event coordinator pays all such public costs within 30 working days after all costs have been paid in full.
Any natural person, sole proprietorship, partnership, corporation or other entity.
The Town of Gorham, Maine.
The Town Clerk of Gorham, Maine.
The Town Council of Gorham, Maine.
A.
No person may sponsor, promote, operate or hold any outdoor event unless a license is first obtained from the Town Clerk. The licensing procedure will be administered in the following manner:
(1)
The person(s) seeking a license must file a complete application with the Town Clerk no less than 45 days before the proposed commencement of the outdoor event.
(2)
The application must clearly specify the event coordinator.
(3)
A nonrefundable application fee for the license shall be established by order of the Town Council. The Town Clerk may at the Clerk's discretion reduce or waive the fee for charitable and nonprofit organizations.
(4)
The application for an outdoor event to be held on private property must include an agreement with the property owner allowing use of the facility or property, unless the property or facility is owned by the applicant.
(5)
Within five days of the receipt of an application, the Town Clerk shall notify the Town Manager, Police Chief, Fire Chief and Code Enforcement Officer of the application.
B.
When considering the issuance of a license for an outdoor event, the Town Clerk may seek advice from the Police Chief, Fire Chief, Code Enforcement Officer, Health Officer and such other Town officials as the Clerk deems necessary.
C.
The provisions in this chapter do not apply to outdoor events sponsored by the Gorham School Department or any other agency or department of the Town of Gorham.
[Amended 8-5-2025 by Ord. No. 25-82]
In reviewing the outdoor event license applications, the Town Clerk, with advice from the appropriate department managers, shall determine whether the application meets all the following standards:
A.
Safety and access. That convenient and safe access for the ingress and egress of pedestrian and vehicular traffic exists, and that traffic safety will be maintained on streets serving the outdoor event.
B.
Site.
(1)
That the outdoor event assembly area will be well drained and so arranged as to provide sufficient space for persons assembled, vehicles, sanitary facilities and appurtenant equipment.
(2)
That trees, underbrush, large rocks and other natural features will be left intact and undisturbed whenever possible, and that the natural vegetative cover shall be retained, protected and maintained so as to facilitate drainage, prevent erosion and preserve the scenic attributes.
(3)
That the site shall be maintained free from the accumulation of refuse and from health and safety hazards constituting a nuisance.
(4)
That the assembly area shall be adequately lighted, but lighting shall not unreasonably reflect beyond the assembly area boundaries unless adjacent properties are uninhabited.
(5)
That the licensee shall be responsible for the posting of an area of "No Parking" under the direction of the Chief of Police.
C.
Sanitation.
(1)
That when water is not available under pressure, and non-water-carriage toilets are used, at least three gallons of water per person per day shall be provided for drinking and lavatory purposes.
(2)
That where water under pressure is not available, equivalent facilities shall be provided and installed in accordance with the requirements of the Department of Human Services, Division of Environmental and Community Health, Mass Gathering Rules and informational guidelines.
(3)
That the required sanitary facilities will be conveniently accessible and well marked.
(4)
That wastewater will be discharged in a manner consistent with the requirements of the State Department of Human Services, Division of Environmental Health.
(5)
That disposal and/or treatment of any excretion or liquid waste will be in a manner consistent with the requirements of the State Department of Human Services, Division of Environmental Health.
D.
Refuse disposal.
(1)
That refuse will be collected, stored and transported in such a manner as to protect from odor, infestation of insects and/or rodents and other nuisance condition, or conditions which are inconsistent with the health, safety and welfare of the patrons of the outdoor event or of the public.
(2)
That all refuse will be collected from the assembly area at least twice each twelve-hour period of the outdoor event, with a minimum of two such collections per outdoor event exceeding six hours, or more if necessary, and disposed of at a waste disposal site approved by the Town.
(3)
That the grounds and immediate surrounding property will be cleared of refuse within 24 hours following the outdoor event.
E.
Safety.
(1)
That where an electrical system is installed, it will be installed and maintained in accordance with the provisions of the applicable state standards and regulations and the Town's electrical codes.
(2)
That the grounds, buildings and related facilities will be maintained and used in a manner so as to prevent fire and in accordance with the applicable local fire prevention regulations.
(3)
That internal and external traffic and security control will meet requirements of the applicable state and local law enforcement agencies.
The Town Clerk may deny the license, or grant the license, or grant the license and impose such reasonable conditions on the issuance of a license as would safeguard the public interest, including requiring the applicant to:
A.
Post a performance guarantee in an amount estimated by the Town Clerk to be equal to the public costs;
B.
Meet with the Chief of Police to determine if there is a need to hire security and to determine what level of security shall be in place. The cost of certified police officers, rescue and fire personnel for security, including overtime and benefits costs, are set by the Town and will be paid by the licensee. All security guards and/or police must be approved by the Chief of Police. In addition, the Police Chief will approve the traffic control plan;
C.
Agree to pay for any equipment or supplies provided to them by the Town; and
D.
Demonstrate, by means of a written, descriptive plan, addressing the standards of this chapter, that adequate facilities will be provided at the site of the outdoor event, in order to protect the health of the people who attend, including:
(1)
Adequate waste disposal facilities.
(2)
Adequate fire-fighting, rescue and police personnel, facilities, equipment; first aid.
(3)
Adequate water supplies.
(4)
Adequate communication equipment.
(5)
Notice to the appropriate Town, county and state officials, as named by the Town Clerk.
(6)
Adequate on-site parking spaces will be available, if applicable.
(7)
Demonstrating, by means of a written descriptive plan, that adequate parking spaces will be available.
(8)
Providing, for outdoor events, a detailed plan showing how crowd security and police protection of private property will be accomplished.
(9)
A detailed plan for controlling traffic to be approved by the Chief of Police.
Any person who is denied an outdoor event license by the Town Clerk or who objects to any condition in a license granted to that person by the Town Clerk may appeal the Town Clerk's decision to the Town Council within five days. After a public hearing, the Town Council shall apply the provisions of §§ 177-3 and 177-4, and affirm or reverse the decision of the Town Clerk.
A.
The person in charge of the site which is the subject of an application for an outdoor event license, or a site that has received an outdoor event license, shall admit any officer, official or employee of the Town authorized to make inspections of the site for compliance with this chapter or any other ordinance or statute at any reasonable time that admission is requested.
B.
In addition to any other penalty which may be provided, the Town Clerk may revoke the outdoor event permit of any licensee in the Town who refuses to permit entry by any such officer, official or employee, or who interferes with such officer, official or employee while in the performance of their duty.
The Town Clerk may, in the Clerk's discretion, waive any of the requirements under § 177-4 of this chapter, if the Clerk finds the requirement of information or materials with the application is unnecessary or irrelevant to the review of a particular outdoor event permit application.
Any violation of this chapter shall be punishable by a fine of not less than $300 for the first offense and not less than $500 for the second and subsequent violations, which shall be recovered for the use of the Town of Gorham. Each day that such unlawful act or violation continues shall be considered a separate offense. In addition, the Town may seek recovery of costs and any other legal and equitable remedies as may be available to the Town.