[Amended 11-7-2000]
A mass outdoor gathering attended by 500 or more persons, which is to be continued with such attendance for two or more hours, may create a hazard to public health and safety. Accordingly, it is deemed necessary in the interest of public welfare to regulate the conduct of such gatherings not otherwise regulated by Article VI, Outdoor Festivals, of this chapter to protect the public health and safety.
The following definitions shall apply to terms used in this article. Terms not defined herein or in § 150-3 shall have their common meaning.
The following shall be defined as nuisances:
The person responsible for the managing of a mass gathering
area. In the event that no operator exists, the owner or, in the event
of his nonavailability, the lessee of the ground encompassing the
mass gathering area shall be deemed to be the operator.
All combustible or noncombustible putrescible or nonputrescible
solid or liquid wastes.
Toilets, privies, lavatories, urinals, drinking fountains
and service buildings or rooms provided for installation and use of
these units.
No person shall sponsor, promote, sell tickets to, permit on his property or otherwise conduct a mass outdoor gathering which may, will or is intended to attract a continued attendance at such gathering of 500 or more persons for two or more hours until a permit therefor has been obtained from the Board of Selectmen of the Town. The Board of Selectmen may, in its discretion, determine that the permit for such gathering shall be issued under regulations set forth in Article VI of this chapter regarding outdoor festivals.
A.
The Board of Selectmen shall issue a permit for a
mass outdoor gathering unless it finds the standards in this article
are not met. When considering the issuance of a permit, the Selectmen
may seek advice from the Police Chief, Fire Chief, Code Enforcement
Officer, Health Officer and such other officials or persons as it
deems necessary.
B.
The Selectmen, in denying a permit, shall find that
one or more of the standards set forth in this article have not been
met.
A.
Application submitted to Town Clerk. A permit application to hold one or more mass outdoor gatherings shall be submitted to the Town Clerk as least 20 days prior to the first outdoor gathering contemplated. The permit application shall contain the information described in § 150-78.
B.
Board of Selectmen action. Within seven days after
consideration of the permit application the Board of Selectmen shall
either:
(1)
Issue a permit to the operator;
(2)
Deny a permit to the operator, which denial shall
be in writing and shall set forth with specificity the reasons for
such denial, together with a list of steps which, if followed by the
operator, would result in a permit being issued; or
(3)
If the Board of Selectmen fails to either issue the
permit or send such notice of denial, a permit shall be deemed to
have been denied.
C.
Appeal. A party aggrieved by the decision of the Board
of Selectmen may appeal under Rule 80B of the Maine Rules of Civil
Procedure to Superior Court.
D.
Bond required. Concurrently with the issuance of a
permit, the operator shall furnish the Town a bond of a surety company
qualified to do business in this state in such amount as the Board
of Selectmen shall reasonably determine, but in no event less than
$5,000. Cash or negotiable securities of equivalent value may be furnished
in lieu of a bond. The bond or security shall guarantee compliance
by the operator with the provisions of this article. In addition,
the operator shall deposit with the Town an amount of money equal
to 120% of the estimated public costs of the contemplated mass outdoor
gatherings. Public costs shall be those costs incurred by the Town
in connection with the contemplated mass outdoor gatherings which
relate to the mass outdoor gathering and which would not be incurred
by the Town if such mass outdoor gatherings were not held. Promptly
after the mass outdoor gathering, the public costs shall be calculated,
and the deposit shall be refunded to the operator to the extent it
exceeds the actual public costs. If the actual public costs exceed
the amount deposited, the operator shall pay the excess to the Town
within 10 days after being so notified.
The permit application submitted pursuant to § 150-77 shall be in the form prescribed by the Board of Selectmen and shall show the following in reasonable detail:
A.
Access. That convenient and safe access for the ingress
and egress of pedestrians and vehicular traffic exists and that all
public roadways in the proximity of the mass outdoor gathering will
be adequately staffed with traffic control personnel to ensure safety
to all the public.
B.
Grounds.
(1)
That each mass gathering area will be well drained
and so arranged 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 natural vegetative cover will be retained, protected and maintained
so as to facilitate drainage, prevent erosion and preserve the scientific
attributes.
(3)
That grounds will be maintained free from accumulations
of refuse and any health and safety hazards constituting a nuisance.
(4)
That illumination will be provided at night to protect
the safety of the persons at the assembly. The assembly area shall
be adequately lighted but shall not unreasonably reflect beyond the
assembly area boundaries unless adjacent properties are uninhabited.
(5)
That on-site parking space will be provided for persons
arriving by vehicular means; that service roads and parking spaces
will be located to permit convenient and safe movement of vehicular
and pedestrian traffic and free passage of emergency vehicles; that
the width of the service road should be at least the following: one
traffic lane 12 feet, two traffic lanes 24 feet and parallel parking
lanes 7 feet; and that adequate parking space shall be provided. Adequate
parking is construed to mean at the rate of at least one parking space
to every four persons, and the density shall not exceed 100 passenger
cars or 30 buses per usable acre.
(6)
That at least 10 square feet per person shall be provided
on the site for daytime assemblage, and that no overnight assemblage
will be permitted.
C.
Water supply.
(1)
That an adequate, safe supply of potable water, meeting
requirements of the State Department of Human Services, Division of
Health Engineering, will be provided and that common cups will not
be used.
(2)
That transported water will be obtained from an approved
source, stored and dispensed in compliance with standards adopted
by the State Department of Human Services, Division of Health Engineering.
[Amended 11-7-2000]
D.
Sanitation.
(1)
That where water is distributed under pressure and
flush toilets are used, the water system will deliver water at normal
operating pressure (20 pounds per square inch minimum to all fixtures
at the rate of at least 30 gallons per person per day).
(2)
That when water is not available under pressure and
no water carriage toilets are used, at least three gallons of water
per person per day will be provided for drinking and lavatory purposes.
(3)
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 Health Engineering.
(4)
That sanitary facilities shall be separate for males
and females, set at a rate of one for each 350 persons.
(5)
That urinals (men's) and Sanistands (women's) or Porta
Johns may be substituted for the required number of toilets. Twenty-four
inches of trough urinals in a men's room will be considered the equivalent
of one urinal or toilet.
(6)
That required sanitary facilities will be conveniently
accessible and well defined.
(7)
That each toilet will have a continuous supply of
toilet paper.
(8)
That service buildings or rooms housing required plumbing
fixtures will be constructed of easily cleanable, nonabsorbent materials.
The buildings, service rooms and required plumbing fixtures located
therein will be maintained in good repair and in a clean and sanitary
condition.
(9)
That separate service buildings or rooms containing
sanitary facilities, clearly marked, will be provided for each sex,
and each toilet room will be provided with a door to ensure privacy
or the entrance will be screened so that the interior is not visible
from the outside.
(10)
That wastewater will be discharged in a manner
consistent with the requirements of the State Department of Human
Services, Division of Health Engineering.
(11)
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 Health Engineering.
E.
Refuse disposal.
(1)
That refuse will be collected, stored and transported
in such a manner as to protect against odor, infestation of insects
and/or rodents and any other nuisance condition or conditions which
are inconsistent with the health, safety and welfare of the patrons
of the mass outdoor gathering or the public.
(2)
That refuse containers shall be readily accessible
and that one fifty-gallon refuse container or its equivalent should
be provided for each 100 persons anticipated or that one sixteen-cubic-yard
trash container should be provided for every 5,000 persons anticipated.
(3)
That the area where motor vehicles are parked should
have one fifty-gallon refuse container or its equivalent for every
25 such motor vehicles or one sixteen-cubic-yard trash container for
every 2,000 motor vehicles.
(4)
That all refuse will be collected from the assembly
area at least twice each twelve-hour period of assembly, with a minimum
of two such collections per gatherings exceeding six hours, or more
often if necessary, and disposed of at a lawful disposal site.
(5)
That the grounds and immediate surrounding property
will be cleared of refuse within 24 hours following an assembly.
F.
Vermin control. That insects, rodents and other vermin
shall be controlled by proper sanitary practices, extermination or
other safe and effective control methods, and, where necessary, animal
parasites and other disease-transmitting nuisances shall be controlled.
G.
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.
(2)
That grounds, buildings and related facilities will
be maintained and used in a manner 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.
(4)
That the Wells Fire Department has been informed of
the outdoor mass gathering and that adequate fire prevention equipment
is available.
(5)
That at least 15 law enforcement officers will be
on site to assist in crowd and traffic control.
H.
Medical.
(1)
That emergency medical services will be provided under
the supervision of a licensed physician. All other personnel must
be licensed by the State of Maine as either physician assistant, registered
nurse or emergency medical technician.
(2)
That a first aid building or tent with adequate medical
supplies will be available.
(3)
That adequate vehicles duly licensed by the State
of Maine as ambulances will be available on the site during the complete
time of the mass gathering.
(4)
That telephone and radio communications will be provided
and kept available for emergency purposes.
(5)
That the operator of the mass gathering will contact
area hospitals and advise them that a mass gathering will be held
and the approximate number of people attending.
(6)
That the Chief of the Wells Fire Department will determine
the number of EMT personnel and ambulances needed and times they shall
be available.
The operator shall carry public liability insurance
in at least the following amounts: $300,000 bodily injury (per person),
$500,000 bodily injury (per occurrence) and $100,000 property damages.
Any person or party violating the provisions
of this article shall be subject to a civil penalty of $1,000, recoverable
for the use and benefit of the Town of Wells.
