[Adopted effective 2-24-1981]
The provisions of this article shall apply to
any outside area used for the purpose of public assembly when such
public assembly exceeds, or can reasonably be expected to exceed,
250 persons (including employees, volunteers, vendors, visitors, patrons,
sponsors, exhibitors, etc.). The regulation of said outside public
assemblages and the supervision of the same are hereby declared to
be necessary for the protection of the health, safety and welfare
of the residents of the Town of Ellington.
As used in this article, unless the context
otherwise indicates, the following terms shall have the meaning indicated:
SPECIAL EVENT
Any public gathering of more than 250 persons assembled at
one time for one particular event. The term "special event" shall
not be interpreted to include the normal day-to-day operation of an
existing commercial enterprise.
This article shall not apply to:
A. Private functions for which no admission charge is
made nor a monetary donation or contribution required of attendees;
or
B. Functions sponsored by churches on their own premises
or by governmental or quasi-governmental organizations or by Town
service organizations.
The Board of Selectmen, in granting or refusing
the license, shall consider each of the sections of this article as
well as any other information which the Selectmen may require for
the protection of the public communicated to the Selectmen during
the 10 to 14 days following the public notice concerning the application.
In any case of the denial or refusal of the Board of Selectmen to
grant or renew a license, the First Selectmen shall notify the applicant
in writing by certified mail of the proposed action and set a day
and place for a hearing thereon, giving the applicant reasonable notice
in advance thereof and an opportunity to be represented by counsel
at such hearing.
The First Selectmen shall have the power to
revoke any license issued hereunder for cause, after due notice. Cause
shall be deemed to include, but shall not be limited to, false information
in the application for a license knowingly given, failure to comply
with the conditions under which the license has been granted, any
violation of this article or conviction of a crime involving moral
turpitude subsequent to the application for the license.
Any person who shall violate any of the provisions
of this article or fail to comply with any order made thereunder shall
be guilty of a misdemeanor punishable by a fine of $100. The imposition
of any penalty for any violation shall not excuse the violation or
permit it to continue, and all such persons shall be required to correct
or remedy such violations immediately, and, when not otherwise specified,
each day that a prohibited condition is maintained shall constitute
a separate offense. The Town of Ellington shall be entitled to apply
for an injunction to prohibit the holding of special events where
the sponsor or promoter has failed to comply with the provisions of
this article.
[Adopted effective 2-24-1981; amended in its entirety by Town Meeting 12-9-2019]
The provisions of this article shall apply to
all outdoor events within the entire Town when open to the public,
such as, but not limited to, carnivals, fairs, auctions, open-air
markets, musical presentations, trade shows, exhibitions, expositions,
vehicular performances (not static displays) and similar events when
such public assembly exceeds, or can be reasonably expected by the
Department of Town Fire Marshal to exceed 50 persons (including employees,
volunteers, vendors, visitors, patrons, sponsors, exhibitors, etc.).
Any violations of the foregoing, or the existence
of any other hazardous condition, as determined by the Fire Marshal,
which may jeopardize the safety of the public shall be just cause
for the Fire Marshal to prohibit the opening or continuation of the
public assembly function in whole or in part or to order the discontinuance
and/or suspension of the public assembly function in whole or in part
until such time as the Fire Marshal ascertains that required safety
features have been provided or reestablished.