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
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.