Town of Boothbay Harbor, ME
Lincoln County
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[HISTORY: Adopted by the Town of Boothbay Harbor 5-1-2006 by ATM Art. 75.[1] Amendments noted where applicable.]
Editor's Note: This ordinance also repealed former Ch. 124, Outdoor Festivals, adopted 8-10-1970 by STM Art. 5 (part of Art. 4 of the 1958 Ordinances), as amended.
The purpose of this chapter is to maintain the public health, safety, and welfare by providing a reasonable means for the Town of Boothbay Harbor to control noise, public access to public ways, and public health associated with outdoor activities.
This chapter is adopted pursuant to the enabling provisions of Article VIII, Part 2, § 1, of the State of Maine Constitution and the provisions of 30-A M.R.S.A. § 3001 (Home Rule).
As used in this chapter, the following terms shall have the meanings indicated:
Any place or location where more than 250 people assemble outside of a permanent and enclosed building.
An individual, group of individuals, association, partnership, corporation, firm, company or otherwise.
No person or group of persons shall exhibit, sponsor, hold, promote or operate any pageant, amusement show, theatrical performance, including a music event, exhibition, or other gathering which in excess of 250 people are reasonably anticipated to attend and where a substantial portion of the entertainers or persons attending will he out of doors without first procuring from the municipal officers a license therefor at least 30 days prior to the event and payment of fees per Town fee schedule. Exceptions: school sports events at the school, civic and community events such as, but not limited to, Fisherman's Festival, Windjammers Days, Rotary Auction, and the 4th of July observance.
No license shall be granted by the municipal officers unless the applicant satisfies the municipal officers that the following facilities shall be available:
Water supplies of potable quality shall be reasonably spaced throughout the area to be used with a minimum amount available of 1 1/2 gallons per day per person. Such water may be private water supply, bottled water, or municipal water. Private water supplies must post a current certificate of health at the main entrance.
Public toilet facilities shall be available at the following rate or number of units.
The applicant shall provide minimum restrooms or toilet facilities based on the following guidelines. An additional toilet may be substituted for each urinal.
Female, or Unisex
251 to 500
2 urinals, 2 toilets
4 toilets
8 units
501 to 1,000
4 urinals, 2 toilets
6 toilets
10 units
To be decided at the time of application
Adequate metal, or plastic containers of thirty-two-gallon capacity or greater, having a minimum height of two feet or greater, shall be spaced in the area to take care of solid waste and garbage, with at least two containers for each reasonably anticipated 100 persons. A person must be available at all times to monitor and service the receptacles. Within 24 hours after the close of the event, such waste material shall be removed.
Hours of operation:
Events having amplified entertainment shall not commence before 9:00 a.m., and must discontinue by 9:00 p.m.
Nonamplified entertainment shall not commence before 9:00 a.m. and must discontinue by 10:00 p.m.
Noise level.
Sound pressure level limits shall be measured using a sound equivalent level of one minute (leq) measured in decibels in the "A" scale (dBA). Measurements shall be performed at the abutting property lines.
Amplified entertainment shall not exceed 80 dBA between the hours of 9:00 a.m. and 6:00 p.m., and 70 dBA between the hours of 6:00 p.m. and 9:00 p.m.
No outdoor amplified entertainment shall be licensed or permitted after 9:00 p.m.
No outdoor nonamplified entertainment shall exceed 50 dBA between the hours of 9:00 p.m. and 10:00 p.m.
Emergency services. A first aid facility shall be provided at the entrance of the event, or on the grounds, with at least one ambulance in attendance and one EMT for each 1,000 persons and every 500 persons thereafter.
A law enforcement officer or constable shall be provided to direct traffic to and from public ways with at least one officer for each entrance. Additional officers may be required upon the Police Department's recommendations. If the applicant chooses to use municipal personnel for this service, the applicant shall be responsible for this cost of this service and provide to the Town escrow funds sufficient to cover these costs at time of approval.
Parking. Off-the-street parking facilities shall be furnished with at least one car space with adequate accessways for each six persons reasonably expected to attend. Any off-site parking arrangements must be accompanied by a shuttle plan.
Public events. Prior to the issuance of a license for a public event or an event on public property, the Public Works Director shall present to the Licensing Board a reasonable cost estimate sufficient to cover the clean up of the site. The applicant shall furnish a corporate surety bond from a company authorized to do business in Maine, or other securities, insuring that forthwith after the event, the grounds shall be cleaned of waste and damages to public or private property in the area arising out of or in connection with the event are promptly paid. Said bond shall be a minimum of $1,000 for the event, and for each reasonably expected 1,000 persons thereafter.
The applicant shall file with his or her application adequate proof that she/he has authority from any landowner to use his or her property and shall furnish a plan showing the size of the area to be used, with designated locations for potable water, toilet and hand washing facilities, waste containers, first aid facilities, function area, and off-the-street parking.
Any person directly or indirectly exhibiting, promoting, sponsoring, operating or holding such event as owner, lessor, lessee, landlord, tenant, operator or entertainer and not complying with this chapter shall be liable to a fine as set forth in Chapter 1, General Provisions, Article II, General Penalty, for each infraction, shall be personally responsible for damages to public or private property arising out of or in connection therewith and shall be subject to any civil or injunctive relief that maybe reasonable and proper.