[HISTORY: Adopted by the City Council of
the City of Saco on 3-16-1998; amended in its entirety 11-4-2002.
Subsequent amendments noted where applicable.]
This chapter shall be known as the "Saco Mass
Gathering Ordinance."
It is recognized that mass gatherings attended
by 1,000 or more persons can create hazards to public health and safety.
However, many mass gatherings such as local sporting events, La Kermesse,
holiday parades, etc., are a part of our community, and enhance the
quality of City life. It is the City's purpose by this chapter to
promote and permit safe mass gatherings.
The following definitions shall apply to terms
used in this chapter. Terms not defined herein shall have their common
meanings.
Duly elected Councilors for the City of Saco.
A duly elected member of the City Council for the City of
Saco.
The City of Saco, Maine.
The Maine Revised Statutes Annotated.
A gathering on private or public property, other than a gathering
which is held in the daily operation of a business otherwise licensed
or regulated by the City, in which an operator should reasonably anticipate
the simultaneous presence of more than 1,000 unrelated individuals
for a period of time exceeding six hours, but shall not include parochial
school, private school or public school sporting events or school
functions, nor shall it include any hearing or meeting called, organized
or held by a department or agency of the United States, State of Maine
or City of Saco, nor shall it include any Memorial Day, Fourth of
July or Veterans Day parade held in honor of those national holidays.
Any place, public or private, maintained, operated, leased,
controlled or used for a group gathering or assemblage.
Operator shall mean the owner of the property encompassing
the mass gathering area.
All combustible or noncombustible, decaying or nondecaying
solid or liquid wastes.
Toilets, privies, lavatories, urinals, drinking fountains
and service buildings or rooms provided for installation and use of
these units.
A.
No person shall permit on his property, or otherwise
conduct, a mass gathering which may reasonably be anticipated to,
will or is intended to attract a continued attendance at such gathering
of 1,000 or more unrelated persons for six or more hours until a license
has been obtained from the City Administrator.
B.
Any operator who violates any provision of this chapter
or any term of a permit issued pursuant to this chapter shall be subject
to a civil penalty. It is a violation of this chapter and deemed a
nuisance herein to hold a mass gathering within the City of Saco without
a license. Operator(s) found in violation of this chapter shall be
subject to a fine of not to exceed a maximum of $50,000, plus any
and all costs of the City of Saco, including the Police and Fire Departments
incurred by the City to terminate the mass gathering, safely disperse
those in attendance and enforce this chapter.
A.
Issuance. When considering the issuance of a license,
the City Administrator shall seek advice from the Police Chief, Fire
Chief, Code Enforcement Officer, Health Officer and such other officials
or persons as he or she deems necessary. No license shall issue until
the City Administrator is assured by the department heads that adequate
safety, traffic, sanitation, refuse and water needs for the gathering
have been addressed and satisfied. Upon satisfaction of the City Administrator
that the ordinance standards have been or will be met, a license will
be issued to the operator. In making a decision, the City Administrator
will consider prior performance in holding mass gatherings.
B.
Penalties. Any person who violates any provision of
this ordinance or any term of a permit issued pursuant to this ordinance
shall be subject to a civil penalty payable to the City of Saco in
an amount not to exceed $50,000.
C.
Denial. The City Administrator shall deny a license
if he or she finds that one or more of the standards set forth in
this chapter have not been met. The denial shall explain and detail
the basis for the action taken by the City Administrator and may be
reviewed and/or appealed as detailed below.
A.
City Administrator's review. A license application to hold one or more mass gatherings shall be submitted to the City Administrator at least 90 days prior to the mass gathering contemplated. The license application shall contain the information described in § 139-7. The City Administrator shall grant or deny said application within 30 days of submission. In addition, a notice shall be placed in the local newspaper 90 days prior to such mass gathering. Abutters within 1,000 feet of the property lines shall receive written notice.
B.
City council action. Within seven days after the granting
or denial of a license by the City Administrator, an aggrieved party
may file for a review by the City Council. The Council will take up
the matter at its next regularly scheduled meeting and will hear from
the applicant, the City Administrator and any department heads deemed
necessary. The Council may take one of the following steps:
C.
Appeal. A party aggrieved by the decision of the City
Council may appeal under Rule 80B of the Maine Rules of Civil Procedure.
D.
Fees shall be determined by Council after a public
hearing.
[Added 12-18-2000]
The permit application submitted pursuant to § 139-6 shall be on the application form prescribed by the City Administrator and shall include the following information:
A.
Description.
(1)
The application must include a description of the
proposed event. A statement of the number of persons expected to attend
the event, together with the maximum number of tickets which will
be made available, if tickets are issued. Persons not holding valid
tickets for an event for which tickets have been issued shall not
be permitted to attend.
(2)
The application must also provide a site map of the
area, at a scale of no more than 100 feet to the inch, showing the
following:
(a)
The location and number of all proposed toilets.
(b)
The location and number of all lavatory and
bathing facilities.
(c)
The location and number of water supply sources.
(d)
The location and size of the assemblage area(s).
(e)
The location of the food service areas.
(f)
The location and size of the camping areas,
and number of campsites.
(g)
The on-site ingress and egress of pedestrian
and vehicular traffic. (See § 137-7A)
(h)
The off-site ingress and egress roads.
(i)
The location of refuse disposal facilities and
collection facilities.
(j)
The location and size of the parking areas,
including the number of parking spaces.
(k)
The location of all traffic control personnel.
(l)
The location of the first aid facilities.
(m)
A copy of the evacuation plan to be used in
an emergency.
(n)
Detail list of names of abutters within 1,000
feet of the property lines.
B.
Standards. All facilities required by this chapter
shall comply with the regulations promulgated by Title 22 M.R.S.A.
§ 1601 pertaining to mass gatherings and the following standards.
When off-site facilities are to be utilized in order to meet the requirements
of this chapter, they shall be described, and written consents from
the property owners providing the facilities shall be submitted with
the application indicating that they have read the application and
understand the scope and nature of the mass gathering.
C.
Access.
(1)
Evidence shall be provided to show that provisions
for access for the ingress and egress of pedestrians and vehicular
traffic shall be maintained, and that all public roadways in the proximity
of the mass gathering will be adequately staffed with trained traffic
control personnel to insure safety to all the public for the duration
of the mass gathering.
(2)
Evidence shall be provided that sufficient safeguards
have been incorporated into mass gathering plans in order to insure
that City maintained streets and roads will remain accessible to public
safety vehicles (police, fire and rescue) during the proposed mass
gathering.
(3)
A detailed plan for controlling traffic must be submitted,
which shall include:
(a)
A description of the routes which persons attending
the event are likely to take.
(b)
The number and assigned location of persons
who will be present to direct traffic at the site both before and
after the event. Under no circumstances shall private citizens be
assigned the duty of directing traffic on public roads.
(c)
A description of what means will be available
to remove disabled vehicles from locations where their presence will
obstruct the free flow of traffic, including a written statement by
any private towing agencies that their towing services will be available.
(d)
A description of parking shall be provided,
specifying the location of all roads and parking lots.
D.
Grounds. Each mass gathering area will be well drained,
adequately illuminated, free of refuse and debris and so arranged
as to provide sufficient space, vehicles, sanitary facilities and
appurtenant equipment for the number of persons reasonably anticipated
to be assembled, and adequate on-site parking space will be provided.
E.
Water supply.
(1)
Evidence must be provided in writing from the operator
concerning the source(s) of potable water. Where water is distributed
under pressure and flush toilets are used, the water system shall
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)
Where water under pressure is not available, and nonwater
toilets are used, at least three gallons of water per person per day
shall be provided for drinking and lavatory purposes.
(3)
If the Biddeford-Saco Water District is to be utilized
as a source of potable water, a written statement from the directors
of said Water District must be submitted to affirm that the District
has the capacity to provide the necessary quantity of water without
adversely affecting the supply to their normal customers.
(4)
Transported water shall be obtained from an approved
source, and stored and dispensed in an approved manner. "Approval"
as used in this subsection means in compliance with standards adopted
by the State of Maine Division of Health Engineering.
F.
Sanitation. Adequate sanitation facilities will be
made available, and the City will require that one toilet per 150
persons estimated in attendance. Adequate number of handicap accessible
toilets shall also be provided. Further:
(1)
No wastewater will be discharged except in a manner
consistent with the requirements of the State Department of Human
Services, Division of Health Engineering.
(2)
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.
G.
Refuse disposal. A description of the number, type,
and location of refuse facilities, including a statement as to when
and how the accumulated refuse will be picked up, by whom, and to
what facility it will be taken. The operator will provide proof that
refuse containers will be readily accessible throughout the mass gathering
area, and that at least one fifty-gallon refuse container or equivalent
will be provided for each 100 persons expected to attend the mass
gathering. The operator shall be responsible for all fees associated
with the cleanup and disposal of refuse resulting from the mass gathering.
H.
Vermin control. 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.
I.
Safety.
(1)
Law enforcement.
(a)
Evidence must be provided in writing that a
sufficient number of certified law enforcement personnel licensed
pursuant to 32 M.R.S.A. §§ 9401 - 9417, will be on
duty near and within the assembly site area and that the City Administrator
has approved the same. A minimum of at least one such certified security
person, (not including persons concerned solely with traffic control)
shall be available for each 1,000 persons in attendance when alcohol
is not present and one for every 500 when alcohol is present on the
property.
(b)
If he deems it necessary in the interest of
public safety, the City Administrator shall have the authority to
require that all security personnel be certified graduates of the
Maine Criminal Justice Academy.
(2)
Fire protection. Evidence must be provided in writing
that the Saco Fire Chief has accepted mass gathering plans as meeting
fire protection concerns. If, in his/her judgment, the conditions
which exist at the mass gathering area constitute an unsafe environment,
the Fire Chief shall recommend the City Administrator deny the issuance
of a mass gathering permit. In addition, evidence must be provided
that the Regional Forest Ranger has inspected the site and assessed
the forest fire hazard. If, in his opinion, conditions warrant, the
Forest Ranger shall have the authority to impose a ban on any and
all fires during the mass gathering.
J.
Medical. The applicant must demonstrate how emergency
medical services will be provided, and further demonstrate coordination
with the City of Saco Fire Department should their units respond to
the site. All necessary personnel must be licensed by the State of
Maine as physician assistant, registered nurse, or emergency medical
technician. A transporting ambulance, duly licensed by the State of
Maine, shall be available on the site during the entire time of the
mass gathering. Telephone and radio communications shall be provided
and kept available for emergency purposes. The operator of the mass
gathering shall contact area hospitals, advise them that a mass gathering
will be held, and inform them of the expected attendance at the event.
K.
Sound. Reasonable precautions will be taken to ensure
that the sound of the assembly will not exceed the Standard Residential
Noise Code.
L.
There may be overnight assemblage, but all activities
must end by 11:00 p.m. and may not recommence before 7:00 a.m.
M.
Past history. The operator has prior history that
is unsatisfactory.
N.
Complete application. The application for permit (including
any required attachments and submissions) must be fully completed
and executed.
O.
The applicant has tendered the required application
fee with the application, indemnification agreement, insurance certificate,
and security deposit within the times prescribed by the Code.
P.
The application for permit does not contain a material
falsehood or misrepresentation.
Q.
The applicant is legally competent to contract or
to sue and be sued.
R.
The applicant outstanding and unpaid debts to the
City of Saco.
S.
A fully executed prior application for permit for
the same time and place has been received, and a permit has been or
will be granted to a prior applicant authorizing uses or activities
which do not reasonably permit multiple occupancy of the particular
park or part hereof.
T.
The use or activity intended by the applicant would
conflict with previously planned programs organized and conducted
by the City of Saco and previously scheduled for the same time and
place.
U.
The proposed use or activity is prohibited by or inconsistent
with the classifications and uses of the property pursuant to the
City Code.
V.
The use or activity intended by the applicant would
present an unreasonable danger to the health or safety of the applicant,
or other users of the property, of City of Saco employees or of the
public.
W.
The applicant has not complied or cannot comply with
application licensure requirements, ordinances or regulations of the
City of Saco concerning the sale or offering for sale of any goods
or services.
X.
The use or activity intended by the applicant is prohibited
by law, by this Code or ordinances of the City of Saco.
The operator shall carry public liability insurance
in an amount of not less than $1,000,000 per person for bodily injury
and for property damage. Proof of insurance must be shown to the City
Administrator before a license can issue. The proof of insurance may
be reviewed by the City Attorney.
The operator of the mass gathering shall provide
a cash deposit to the City, which amount shall be determined by the
City Administrator, and will be deposited in an interest-bearing account.
The purpose of the account shall be to allow the City to pay costs
related to protecting the public health and safety. Any interest earned
and any remaining balance in this account shall be returned to the
applicant following completion of the mass gathering, and clean-up
by the applicant of the area used for this mass gathering, compliance
by the applicant with any applicable state or local law or regulation,
and payment by the applicant of all proper claims against the applicant
for damage to real or personal property in the municipality for which
the permit is issued and arising out of facts done or omitted to be
done by the applicant, his agents or employees. A permit shall not
be issued until receipt of said deposit.
City costs shall be those incurred by the City
in connection with the mass gathering, which relates to any adverse
consequences due to the mass gathering, and which would not have been
incurred by the City if such mass gathering were not held. Such costs
shall include but not be restricted to road signs, damage to City
roads or ditches, or any other adverse consequences to any public
facilities or works, such as the municipal water supply. City costs
shall also include the cost of hiring a constable or constables to
oversee the City's interests in ensuring the public safety and enforcing
the conditions of this chapter. Within 30 days after the mass gathering,
the City costs shall be calculated, and the deposit shall be refunded
to the operator to the extent it exceeds the actual City costs. If
the actual City costs exceed the amount deposited, the operator shall
pay the excess to the City within 10 days after being so notified.
The City Administrator may revoke the permit
at any time prior to the date of the scheduled event if the operator
has failed to comply with any of the commitments made in the application,
or the requirements of this chapter, or if the operator has failed
to secure any other license or permit required by the City of Saco
or any other government agency in order to hold the mass gathering
on the proposed site. Except in cases of emergency, the City Administrator
shall revoke a permit only after giving notice to the operator of
the reasons for the proposed revocation and providing an opportunity
to be heard with respect thereto. Written notice of the reasons for
the revocation shall be delivered to the operator or his or her agent,
personally or by expedited mail service.
No more than one permit under this chapter shall
be issued to any single operator or group, within any sixty-day period,
for an event for which more than 1,000 persons are reasonably expected
to attend.
A.
No operator will permit, encourage or suffer any person, firm, business, family or corporation from selling or merchandising clothes, food, goods, second-hand merchandise, etc., at a mass gathering unless that person, firm, business, family or corporation has secured a vendor or victualer's license as required by City ordinance in Chapter 104; but to do so is a violation of this chapter.
B.
Any vendor or victualer found at a mass gathering
without license to so operate will be removed by the police from the
mass gathering, and the operator will be cited for violation of this
chapter.
