Loitering And Mass Gathering
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ARTICLE I: Loitering
§ 52-1. Prohibited Conduct and Activities.
A. It shall be unlawful for any person to loiter in any public place, or in or about any building or dwelling or adjacent thereto, in such a manner so as to:
(1) Obstruct any public street or public place by hindering or impeding or tending to hinder or impede an uninterrupted passage of pedestrians or vehicles.
(2) Commit in or upon any public street or public place any act which is an obstruction or interference to the free and uninterrupted use of any property, or with any business being lawfully conducted by anyone in any public place, or which prevents the free and uninterrupted ingress and egress therein, thereon and thereto.
(3) Create or cause to be created any disturbance or annoyance to the discomfort or alarm of any person lawfully going in or going to or from any building, dwelling, or public place.
B. "Loitering" shall mean remaining in essentially one location either alone or in concert with others.
C. "Public Place" shall mean any place to which the general public has access and the right to enter in or upon for business, entertainment or other lawful purposes, and shall include the front or immediate area around any store, shop, restaurant, tavern, or other place of business and also all public grounds, areas, beaches or parks.
D. When any person or persons causes or commits any of the conditions enumerated in subsection A herein a police officer, or any law enforcement officer, shall order the person or persons to stop causing or committing such conditions, and may, if he deems necessary for the preservation of public peace and safety, order that person or persons to move on and disperse. Any person who fails or refuses to obey any such order shall be guilty of a violation of this section.
E. This section shall not apply to peaceful picketing, public speaking or other lawful expressions or opinion not in contravention of other Town Ordinances or State and Federal Laws.
§ 52-2. Pedestrians Not to Obstruct Traffic; duty of officer, etc. to disperse offenders.
Two or more persons shall not stand together, or near each other, in any street or on any sidewalk, in such a manner as to obstruct the free passage thereon or thereover. It shall be the duty of any police officer, constable, or other authorized agent of the Town to order any person violating the foregoing provision of this section to move on; and if the person does not obey, to arrest and by lawful process cause him to be brought before the District Court.
§ 52-3. Disturbing the Peace.
No person shall, in any street or public place, make any loud or unusual noise, either by voice or otherwise, or sing improper or boisterous songs, or utter obscene and indecent and profane songs or words, or in any unruly or boisterous manner disturb the quiet and good order of the Town.
§ 52-4. Penalties.
Any person or party found guilty of violating any of the provisions of this Article shall be fined one hundred ($100.00) plus costs recoverable for the use and benefit of the Town of Wells.
ARTICLE II Mass Gathering
§ 52-5. Purpose.
It is recognized that a mass outdoor gathering attended by 500 or more persons, which is to be continued with such attendance for two or more hours, may create a hazard to public health and safety. Accordingly, it is deemed necessary in the interest of public welfare to regulate the conduct of such gatherings not otherwise regulated by Chapter 55 of the Code of the Town of Wells in order to protect the public health and safety.
§ 52-6. Definitions.
The following definitions shall apply to terms used in this Article. Terms not deemed herein shall have their common meaning.
(1) "Selectmen" means the Board of Selectmen of the Town of Wells and its authorized representatives.
(2)"Mass gathering area" means any place maintained, operated, or used for a group gathering or assemblage, except an established permanent stadium, athletic field, arena, auditorium, coliseum, fair ground, or other similar permanent place of assembly that has sufficiently existing sanitary facilities to handle the expected gathering.
(3) "Mass gathering" means a group of 500 or more persons assembled together for a meeting, social gathering or other similar purpose that can be anticipated to exceed two hours duration.
(4) "Operator" means the person responsible for the managing of the mass gathering area. In the event that no operator exists, the owner or, in the event of his non-availability, the lessee of the ground encompassing the mass gathering area, shall be deemed to be the operator.
(5) "Refuse" means all combustible or non-combustible putrescible or non-putrescible solid or liquid wastes.
(6) "Sanitary facilities" means toilet, privies, lavatories, urinals, drinking fountains, and service buildings or rooms provided for installation and use of these units.
(7) "Nuisance". The following shall be defined as nuisances:
(a) Any public nuisance known at common law or in equity jurisprudence;
(b) An attractive nuisance known at common law or in equity jurisprudence; and
(c) Any condition which violates federal, state or local health or environmental laws or regulations.
§ 52-7. Permit Required.
No person shall sponsor, promote, sell tickets to, permit on his property, or otherwise conduct, a mass outdoor gathering which may, will, or is intended to attract a continued attendance at such gathering of 500 or more persons for two or more hours until a permit therefor has been obtained from the Board of Selectmen of the Town. The Board of Selectmen may, in its discretion, determine that the permit for such gathering shall be issued under Chapter 55 regulations regarding outdoor festivals and special amusements.
§ 52-8. Issuance or Denial.
A. The Board of Selectmen shall issue a permit for a mass outdoor gathering unless it finds the standards in this ordinance are not met. When considering the issuance of a permit the Selectmen may seek advice from the Police Chief, Fire Chief, Code Enforcement Officer, Health Officer, and such other officials or persons as it deems necessary.
B. The Selectmen in denying a permit, shall find that one or more of the standards set forth in this ordinance have not been met.
§ 52-9. Permit Procedure.
A. Application submitted to Town Clerk. A Permit Application to hold one or more mass outdoor gatherings shall be submitted to the Town Clerk as least twenty (20) days prior to the first outdoor gathering contemplated. The Permit Application shall contain the information described in §52-10 and shall be accompanied by a non-refundable permit fee of $100.
B. Board of Selectmen Action. Within seven (7) days after consideration of the Permit Application the Board of Selectmen shall either:
(1) Issue a permit to the operator;
(2) Deny a permit to the operator, which denial shall be in writing and shall set forth with specificity the reasons for such denial, together with a list of steps which, if followed by the operator, would result in a permit being issued; or
(3) If the Board of Selectmen fails to either issue the permit or send such notice of denial, a permit shall be deemed to have been denied.
C. Appeal. A party aggrieved by the decision of the Board of Selectmen may appeal under Rule 80B of the Maine Rules of Civil Procedure to Superior Court.
D. Bond Required. Concurrently with the issuance of a permit, the operator shall furnish the Town a bond of a surety company qualified to do business in this State in such amount as the Board of Selectmen shall reasonably determine, but in no event less than $5,000. Cash or negotiable securities of equivalent value may be furnished in lieu of a bond. The bond or security shall guarantee compliance by the operator with the provisions of this Ordinance. In addition, the operator shall deposit with the town an amount of money equal to 120% of the estimated public costs of the contemplated mass outdoor gatherings. Public costs shall be those costs incurred by the Town in connection with the contemplated mass outdoor gatherings which relate to the mass outdoor gathering and which would not be incurred by the Town if such mass outdoor gatherings were not held. Promptly after the mass outdoor gathering, the public costs shall be calculated, and the deposit shall be refunded to the operator to the extent it exceeds the actual public costs. If the actual public costs exceed the amount deposited, the operator shall pay the excess to the Town within ten (10) days after being so notified.
§ 52-10. Permit Application.
The Permit Application submitted pursuant to §52-10 shall be in the form prescribed by the Board of Selectmen and shall show the following reasonable detail:
(1) Access. That convenient and safe access for the ingress and egress of pedestrians and vehicular traffic exists, and that all public roadways in the proximity of the mass outdoor gathering will be adequately staffed with traffic control personnel to insure safety to all the public.
(2) Grounds.
(a) That each mass gathering area will be well drained and so arranged to provide sufficient space for persons assembled, vehicles, sanitary facilities, and appurtenant equipment.
(b) That trees, underbrush, large rocks and other natural features will be left intact and undisturbed whenever possible, and that natural vegetative cover will be retained, protected and maintained so as to facilitate drainage, prevent erosion, and preserve the scientific attributes.
(c) That grounds will be maintained free from accumulations of refuse, and any health and safety hazards constituting a nuisance.
(d) That illumination will be provided at night to protect the safety of the persons at the assembly. The assembly area shall be adequately lighted, but shall not unreasonably reflect beyond the assembly area boundaries unless adjacent properties are uninhabited.
(e) That on-site parking space will be provided for persons arriving by vehicular means; that service roads and parking spaces will be located to permit convenient and safe movement of vehicular and pedestrian traffic and free passage of emergency vehicles; that width of the service road should not be less than the following: one traffic lane 12 feet; two traffic lanes 24 feet; parallel parking lanes 7 feet; that adequate parking space shall be provided; adequate parking is construed to mean at the rate of at least one parking space to every four persons and the density shall not exceed one hundred (100) passenger cars or thirty (30) buses per usable acre.
(f) That at least 10 square feet per person shall be provided on the site for daytime assemblage, and that no overnight assemblage will be permitted.
(3)Water Supply.
(a) That an adequate, safe supply of potable water, meeting requirements of the State Department of Human Services, Division of Health Engineering, will be provided and that common cups will not be used.
(b) That transported water will be obtained from an approved source, stored and dispensed in an approved manner. Approval as used in this paragraph means in compliance with standards adopted by the State Department of Human Services, Division of Health Engineering.
(4) Sanitation.
(a) That where water is distributed under pressure and flush toilets are used, the water system will deliver water normal operating pressure (20 lbs per square inch minimum to all fixtures at the rate of at least 30 gallons per person per day).
(b) That when water is not available under pressure, and no water carriage toilets are used, at least 3 gallons of water per person per day will be provided for drinking and lavatory purposes.
(c) That where water under pressure is not available, equivalent facilities shall be provided and installed in accordance with the requirements of the Department of Human Services, Division of Health Engineering.
(d) That sanitary facilities shall be separate for males and females, set at a rate of one for each 350 persons.
(e) That urinals (men's) and Sanistands (women's) or Porta Johns may be substituted for the required number of toilets, 24 inches of trough urinals in a men's room will be considered the equivalent of one urinal or toilet.
(f) That required sanitary facilities will be conveniently accessible and well defined.
(g) That each toilet will have a continuous supply of toilet paper.
(h) That service buildings or rooms housing required plumbing fixtures will be constructed of easily cleanable, non-absorbent materials. The buildings, service rooms, and required plumbing fixtures located therein will be maintained in good repair and in a clean and sanitary condition.
(i) That separate service buildings or rooms containing sanitary facilities, clearly marked, will be provided for each sex, and each toilet room will be provided with a door to insure privacy or the entrance will be screened so that the interior is not visible from the outside.
(j) That wastewater will be discharged in a manner consistent with the requirements of the State Department of Human Services, Division of Health Engineering.
(k) That 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.
(5) Refuse Disposal.
(a) That refuse will be collected, stored, and transported in such a manner as to protect against odor, infestation of insects and/or rodents and any other nuisance condition, or conditions which are inconsistent with the health, safety, and welfare of the patrons of the mass outdoor gathering or the public.
(b) That refuse containers shall be readily accessible and that one (1) fifty (50) gallon refuse container or its equivalent should be provided for each one hundred (100) persons anticipated or that one (1) sixteen (16) cubic yard trash container should be provided for every five thousand (5,000) persons anticipated.
(c) That the area where motor vehicles are parked should have one (1) fifty (50) gallon refuse container or its equivalent for every twenty-five (25) such motor vehicles or one (1) sixteen (16) cubic yard trash container for every two thousand (2,000) motor vehicles.
(d) That all refuse will be collected from the assembly area at least twice each twelve (12) hour period of assembly, with a minimum of two (2) such collections per gatherings exceeding six (6) hours, or more often if necessary, and disposed of at a lawful disposal site.
(e) That the grounds and immediate surrounding property will be cleared of refuse within twenty-four (24) hours following an assembly.
(f) Vermin Control. That 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.
(7) Safety.
(a) That where an electrical system is installed, it will be installed and maintained in accordance with the provisions of the applicable State standards and regulations.
(b) That grounds, buildings, and related facilities will be maintained and used in a manner as to prevent fire and in accordance with the applicable local fire prevention regulations.
(c) That internal and external traffic and security control will meet requirements of the applicable State and local law enforcement agencies.
(d) That the Wells Fire Department has been informed of the outdoor mass gathering, and that adequate fire prevention equipment is available.
(e) That at least 15 law enforcement officers will be on site to assist in crowd and traffic control.
(8) Medical.
(a) That emergency medical services will be provided under the supervision of a licensed physician; all other personnel must be licensed by the State of Maine, as either Physician Assistant, R.N., or Emergency Medical Technician.
(b) That a First Aid building or tent with adequate medical supplies will be available.
(c) That adequate vehicles duly licensed by the State of Maine as ambulances will be available on the site during the complete time of the mass gathering.
(d) That telephone and radio communications will be provided and kept available for emergency purposes.
(e) That the operator of the mass gathering will contact area hospitals and advise them that a mass gathering will be held and the approximate number of people attending.
(f) That the Chief of the Wells Fire Department will determine the number of E.M.T. personnel and ambulances needed and times they shall be available.
(9) Sound. That reasonable precautions will be taken to insure that the sound of the assembly will not carry unreasonably beyond the boundaries of the area; the noise level at the perimeter of the site will not exceed the decibel level set forth in Chapter lot of the Code of the Town of Wells.
§ 52-11. Insurance.
The operator shall carry public liability insurance in at least the following amounts: $300,000.00 Bodily Injury (per person); $500,000.00 Bodily Injury (per occurrence); and $100,000.00 property damages.
§ 52-12. Penalty.
Any person or party violating the provisions of Article II of this Chapter shall be subject to a fine of one thousand dollars ($1,000.00), plus costs, recoverable for the use and benefit of the Town of Wells.