Town of Cumberland, ME
Cumberland County
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[HISTORY: Adopted by the Town of Cumberland 11-22-1979, as amended through 7-7-2011. Subsequent amendments noted where applicable.]
The Town of Cumberland 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 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 also threaten the safety of the community through the obstruction of roads, violations of liquor and drug laws, and destruction of property. Further, large gatherings that occur within a short period of time create traffic congestion, crowd control, health, sanitation and safety problems which are greater than those which accompany gatherings which occur over a longer duration. Therefore, the following chapter is hereby ordained for the purposes of protecting the general welfare, preventing disease, promoting health and providing for public safety.
As used in this chapter, the following terms shall have the meanings indicated:
ASSEMBLY AREA
That portion of the premises on which the large outdoor event is held within which persons in attendance are expected to sit or stand.
LARGE OUTDOOR EVENT
Any gathering held outdoors with the intent to attract 500 or more persons for a festival, exhibition, amusement show, fair, theatrical performance, musical performance or other similar activity. Large outdoor events are regulated depending on their anticipated attendance, and so there are two categories of large outdoor events:
A. 
A large outdoor event which is held with the intent to attract a continued attendance of 5,000 or more persons for any length of time.
B. 
A large outdoor event which is held with the intent to attract a continued attendance of fewer than 5,000 persons for any length of time.
OPERATOR
The person responsible for the large outdoor event.
PERFORMANCE GUARANTEE
An irrevocable letter of credit from a banking institution authorized to do business in Maine, cash escrow, or other financial guarantee, acceptable to the Town Council and in a form approved by the Town Attorney, provided by an applicant for a large outdoor event license to guarantee the payment of the costs of the prompt cleaning of the grounds after the close of the large outdoor event and the Town police, fire, rescue and public works costs for traffic control, public safety, first aid, fire prevention and law enforcement activities performed by the Town as a result of the large outdoor event (the "public costs"). These public costs shall be those costs incurred by the Town in connection with the proposed large outdoor event which would not be incurred by the Town if the large outdoor event were not held. Promptly following the large outdoor event, the Town shall release the performance guarantee if the operator pays all such public costs within 10 working days after the large outdoor event.
PERSON
Any natural person, sole proprietorship, partnership, corporation or other entity.
TOWN
The Town of Cumberland.
TOWN COUNCIL
The Town Council of the Town of Cumberland.
A. 
No person may sponsor, promote, operate or hold any large outdoor event unless a license therefor is first obtained from the Town Council of Cumberland.
B. 
The licensing procedure will be administered in the following manner:
(1) 
The person(s) seeking a license must file an application form with the Town Clerk of the Town of Cumberland no less than 60 days before the proposed commencement of the large outdoor event.
(2) 
The fee for the license shall be established by order of the Town Council and must accompany the application. Money received under this chapter will help defray costs of its administration. The Town Council may at its discretion reduce or waive the fee for charitable and nonprofit organizations.[1]
[1]
Editor's Note: See Ch. 84, Fees and Fines.
(3) 
The application, filed with the Town Clerk, must include a contract with the property owner allowing use of the facility or property, unless the property or facility is owned by the applicant.
(4) 
Within five days of the receipt of an application, the Town Clerk shall notify the Town Manager and the Police and Fire/EMS Chiefs of the application.
(5) 
Before a license may be issued hereunder, the Town Council 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 license applicants have the right to attend and to represent their interests at such hearing. When considering the issuance of a license for a large outdoor event, the Town Council may seek advice from the Police Chief, Fire/EMS Chief, Code Enforcement Officer, Health Officer and such other Town officials as it deems necessary. After assessing the possible effects that the proposed event may have on the public's health, safety and welfare, the Town Council may deny the license or grant the license, or grant the license and impose such reasonable conditions on the issuance of a license as would safeguard the public interest, including requiring the applicant to:
(a) 
Post a performance guarantee in a form acceptable to the Town Attorney in an amount estimated by the Town Council to be equal to the public costs described in the definition of "performance guarantee" in § 162-2 of this chapter.
(b) 
Agree to hiring of certified police officers and rescue and fire personnel at the expense of the licensee. The Police Chief and Fire/EMS Chief will be notified no less than 45 days before the proposed event that the personnel will be needed.
(c) 
Demonstrate, by means of a written, descriptive plan addressing the standards of this chapter, that adequate facilities will be provided at the site of the large outdoor event, in order to protect the health of the people who attend, including:
[1] 
Adequate waste disposal facilities;
[2] 
Adequate fire-fighting, rescue and police personnel;
[3] 
Adequate water supplies;
[4] 
Adequate first aid, rescue and fire facilities and police equipment; and
[5] 
Adequate communication facilities.
(d) 
Give notice to the appropriate Town, county and state officials, as named by the Town Council.
(e) 
Demonstrate, by means of a written descriptive plan, that adequate parking spaces will be available.
(f) 
Provide, for major large outdoor events, a detailed plan showing how crowd security and police protection of private property will be accomplished.
(g) 
Provide, for major large outdoor events, a detailed plan for controlling traffic, which shall contain:
[1] 
A description of routes which persons attending are likely to take;
[2] 
Methods to be used to publicize alternative routes;
[3] 
The number of persons who will be present to direct traffic at the site both before and after the event and their locations; and
[4] 
A description of what means will be available to remove disabled vehicles from locations under the control of the operator where such vehicles would prevent the free flow of traffic.
(h) 
Provide a contract with a waste disposal company to remove waste from the site.
In reviewing large outdoor event license applications submitted pursuant to § 162-3, the Town Council shall determine whether to issue a license based upon whether the application meets all of the following standards:
A. 
Access. Convenient and safe access for the ingress and egress of pedestrian and vehicular traffic exists, and all public roadways in the proximity of the large outdoor event shall be adequately staffed with uniformed police officers to ensure safety to all the public.
B. 
Grounds.
(1) 
Each large outdoor event assembly area shall be well drained and so arranged to provide sufficient space for persons assembled, vehicles, sanitary facilities, and appurtenant equipment.
(2) 
Trees, underbrush, large rocks and other natural features shall be left intact and undisturbed whenever possible, and the natural vegetative cover shall be retained, protected, and maintained so as to facilitate drainage, prevent erosion, and preserve the scenic attributes.
(3) 
The grounds shall be maintained free from accumulation of refuse and from health and safety hazards constituting a nuisance as defined.
(4) 
Illumination shall be provided at night beginning 1/2 hour before sunset to protect the safety of the persons at the large outdoor event. The assembly area shall be adequately lighted, but lighting shall not unreasonably reflect beyond the assembly area boundaries unless adjacent properties are uninhabited.
(5) 
Parking shall be provided for persons arriving by vehicular means.
(a) 
Service road and parking spaces shall be located so as to permit convenient and safe movement of vehicular and pedestrian traffic and free passage of emergency vehicles.
(b) 
The width of the service road should not be less than the following:
[1] 
One traffic lane: 12 feet.
[2] 
Two traffic lanes: 24 feet.
[3] 
Parallel parking lanes: seven feet.
(c) 
Adequate parking space shall be provided, which means that there shall be at least one parking space to every three persons, and the density shall not exceed 100 passenger cars or 30 buses per usable acre.
(6) 
At least 10 square feet per person shall be provided on the site for a large outdoor event with assigned seating; at least 15 square feet shall be provided for a large outdoor event with festival seating; and no overnight assemblage shall be permitted.
C. 
Water supply.
(1) 
An adequate, safe supply of potable water, meeting the requirements of the State Department of Health and Human Services, Division of Environmental Health, shall be provided and common cups shall not be used.
(2) 
Transported water shall be obtained from an approved source, stored and dispensed in an approved manner. "Approved" as used in this subsection means in compliance with standards adopted by the State Department of Health and Human Services, Division of Environmental Health.
D. 
Sanitation.
(1) 
Where water is distributed under pressure and flush toilets are used, the water system shall deliver water at a 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) 
When water is not available under pressure, and non-water carriage toilets are used, at least three gallons of water per person per day shall be provided for drinking and lavatory purposes.
(3) 
Where water under pressure is not available, equivalent facilities shall be provided and installed in accordance with the requirements of the Department of Health and Human Services, Bureau of Health, Mass Gathering Rules and Informational Guidelines.
(4) 
Sanitary facilities shall be separate for males and females and shall be provided at the rate of one for each 200 persons. Any other proposal for providing sanitary facilities must be in accordance with the requirements of the Department of Health and Human Services, Bureau of Health, Mass Gathering Rules and Informational Guidelines.
(5) 
The required sanitary facilities shall be conveniently accessible and well defined.
(6) 
Each toilet shall have a continuous supply of toilet paper.
(7) 
Service buildings or rooms housing required plumbing fixtures shall be constructed of easily cleanable, nonabsorbent materials; the buildings, service rooms, and required plumbing fixtures located therein shall be maintained in good repair and in a clean and sanitary condition.
(8) 
Separate service buildings or rooms containing sanitary facilities, clearly marked, shall be provided for each sex, and each toilet room shall be screened so that the interior is not visible from the outside.
(9) 
Wastewater shall be discharged in a manner consistent with the requirements of the State Department of Health and Human Services, Division of Environmental Health.
(10) 
Disposal and/or treatment of any excretion or liquid waste shall be in a manner consistent with the requirements of the State Department of Health and Human Services, Division of Environmental Health.
E. 
Refuse disposal.
(1) 
Refuse shall be collected, stored, and transported in such a manner as to protect from odor, infestation of insects and/or rodents any and other nuisance condition or conditions which are inconsistent with the health, safety, and welfare of the patrons of the large outdoor event or of the public.
(2) 
Refuse containers shall be readily accessible, and one fifty-gallon refuse container or its equivalent shall be provided for each 100 persons anticipated or one sixteen-cubic-yard trash container shall be provided for every 5,000 persons anticipated. All trash barrels shall be lined with plastic bags.
(3) 
The area where motor vehicles are parked shall have one fifty-gallon refuse container or its equivalent for every 200 such motor vehicles.
(4) 
All refuse shall be collected from the assembly area at least twice each twelve-hour period of the large outdoor event, with a minimum of two such collections per large outdoor event exceeding six hours, or more if it is necessary, and disposed of at a waste disposal site approved by the Town.
(5) 
The grounds and immediate surrounding property shall be cleared of refuse within 24 hours following the large outdoor event.
F. 
Vermin control. Insects, rodents and other vermin shall be controlled by proper sanitation practices, extermination or other safe and effective control methods; where necessary, animal parasites and other disease-transmitting nuisances shall be controlled.
G. 
Safety.
(1) 
Where an electrical system is installed, it shall be installed and maintained in accordance with the provisions of the applicable state standards and regulations and the Town's electrical codes.
(2) 
The grounds, building, and related facilities shall be maintained and used in a manner as to prevent fire and in accordance with the applicable local fire prevention regulations.
(3) 
Internal and external traffic and security control shall meet requirements of the applicable state and local law enforcement agencies.
(4) 
The Town of Cumberland Fire/EMS Department has been informed of the large outdoor event and adequate fire protection equipment is available.
(5) 
For large outdoor events, the Cumberland Police Chief or his designee shall determine the number of police officers needed to provide adequate coverage for the event.
[Amended 3-26-2018]
H. 
Medical.
(1) 
Emergency medical services shall be provided. All personnel must be Cumberland rescue personnel and/or approved by the Chief of the Cumberland Fire/EMS Department and they shall be licensed by the State of Maine as either physician assistant, registered nurse (RN), or emergency medical technician (EMT).
(2) 
A first aid building or tent with adequate medical supplies shall be available.
(3) 
An adequate number of vehicles duly licensed by the State of Maine as ambulances shall be available on the site during the complete time of the large outdoor event.
(4) 
Telephone and radio communications shall be provided and kept available for emergency purposes.
(5) 
The Chief of the Cumberland Fire/EMS Department shall determine the number of EMT personnel and ambulances needed.
I. 
Noise. No major large outdoor event shall continue beyond 11:00 p.m.
The Town Council may, in its discretion, waive any of the requirements under § 162-3 of this chapter if it finds the requirement of information or materials with the application is unnecessary or irrelevant to the review of a particular mass gathering license application.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The Town of Cumberland shall enforce this chapter through its Code Enforcement Officer. Anyone violating any provision of this chapter shall be subject to a fine not less than $500 nor more than $1,000 per violation. Each day such violation continues shall constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Licenses issued hereunder shall not be transferable or assignable.