TOWN OF NORWAY, MAINE

OUTDOOR FESTIVAL ORDINANCE

 

 

I.          AUTHORITY:

 

This ordinance is adopted pursuant to Home Rule under the Maine Constitution, 30-A M.R.S.A. Sec.3001 and 22 M.R.S.A. Sec. 1602(5).

 

 II.       STATEMENT OF PURPOSE:

 

 The Town of Norway is concerned about the adverse effect 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 gatherings may lead to sanitation problems, resulting from inadequate waste disposal, insufficient drinking water and ill-equipped first aid facilities. Such gatherings may threaten the safety of the community through the obstruction of roads, violation of liquor and drug laws, and destruction of property. Therefore, the following ordinance is hereby ordained for the purposes of protecting the general welfare, preventing disease, promoting health and providing for the public safety.

 

III.       REQUIREMENT OF A LICENSE FOR LARGE OUTDOOR EVENTS:

 

   A.     No person or group of persons may sponsor, promote, operate or hold any festival, exhibition, amusement show, fair, theatrical performance, music concert or other activity, hereinafter known as “the event”, which 250 or more people are reasonably expected to attend and in which a substantial portion of the entertainment or the people attending will be out-of-doors, unless a license is first obtained from the Board of Selectmen of The Town of Norway.

 

   B.  The licensing procedure will be administered in the following manner:

 

1.           The person or group of persons seeking an event license must file an application form with the Town Clerk of  the Town of  Norway no less than 45 days before the proposed commencement of the event.

 

2.           The non-refundable fee for the application review shall be $100.00 and must accompany the application therefore.  The Board of Selectmen may waive the fee for organizations which have a civic, charitable or community purpose and if any profits from the event are used in Norway for that purpose.

 

3.           Before a license may be issued, the Board of Selectmen shall hold a public hearing in order to review the application and determine the conditions required to safeguard the public health, safety and welfare. The appropriate town officials shall prepare and have ready for the public’s review their recommendations after inspecting the site and review of the application. The license applicants have the right to attend and to represent their interests at such hearing. After assessing the possible effects that the event may have in accordance with the standards set forth in paragraph (c) below, the Board of Selectmen may deny the permit or grant the permit, or grant the permit and impose such reasonable conditions as will enhance the event’s ability to meet the standards set forth in paragraph (c) below, including requiring the applicant to:

 

a.       Post a corporate bond from a company authorized to do business in Maine, to   ensure prompt cleaning of the grounds after the close of the event, and to ensure prompt payment for all damages caused by any attendee or employee to public or private property in the vicinity resulting from or in connection with the event. The surety shall be to the benefit of the Town of Norway and shall allow the Town to draw on the funds if actions are not taken within three (3) working days after the event. At the discretion of the Board of  Selectmen, a cash deposit, a letter of credit or some other adequate security may be substituted for a corporate bond.

 

b.       Agree to hire security guards or police at the expense of the licensee.  All security guards and/or police must be approved by the Chief of Police. The Chief of Police shall also determine the number of security guards and/or police to be hired.

 

 c.      Demonstrate, by means of a written descriptive plan, that adequate facilities will be provided  at the site of the event, in order to protect the health of the people     who attend, including:

                                       

                                    1.         Adequate sanitary waste disposal facilities;

                                   

                                    2.         Adequate metal containers shall be spaced in the area to take care of solid waste and garbage, with at least one container for each reasonably anticipated fifty (50) persons. Within twenty-four (24) hours after the close of the event, such waste material shall be removed to a public solid waste disposal facility. 

                                         

                                    3.         Every effort should be made to recycle all refuse:

 

                                    4.         Adequate first aid facilities:.

                                   

                                    5.         Adequate water supplies:

 

6.         Adequate off street parking facilities shall be furnished with at least one car space for each  six (6) persons reasonably anticipated, with adequate access ways.  

 

d.       Comply with all  federal, state and local laws.

 

e.       Provide notice to the appropriate town, county and state officials as named by the Board of Selectmen.

 

f.        File proof of authority from landowners whose property will be used in holding the event.

 

g.       File proof of authority from landowners whose property will be used for parking.      

                         

            C.        Licenses issued under this ordinance are not transferable or assignable, without prior approval of the Board of Selectmen.

                          

 

 

IV.       EXEMPTIONS:

 

All outdoor events, festivals, music concerts, fairs and other large gatherings sponsored and under the direct supervision of the Town of Norway, including the Guy E. Rowe School, shall be exempt from the provisions of this ordinance. All such activities conducted as an seasonally regular event under the normal operation of a licensed campground shall also be exempt.

 

V.        PENALTIES:

 

Violation of this ordinance constitutes a civil violation punishable by a civil penalty of not less than $100 nor more than $2,500 for each violation, plus attorney’s fees and costs. Each day such violation continues shall constitute a separate offense.

 

 

VI.       SEVERABILITY:

 

Each part of this ordinance is severable and if any phrase, clause, sentence or provision is declared to be contrary to law, the validity of the remainder shall not be affected thereby.