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HomeMy WebLinkAbout2022-04-11 22-150 OrderCITY COUNCIL ACTION Council Meeting Date: Item No: Responsible Dept: Requested Action: Summary Committee Action Meeting Date: For: Against: City Manager City Solicitor Finance Director Map/Lot: Introduced for: Order Committee: Action: Staff Comments & Approvals Date: Item No: Assigned to Councilor: i' Z N1( CITY OF BANGOR EVENT PERMIT POLICY 1.0 PURPOSE AP RI L 11, 2022 The City of Bangor recognizes and values the importance of special events, whether public or private. When public, they can enhance the quality of life by offering cultural, recreational, or educational opportunities, as well as providing economic benefit to the community. These events are typically organized by dedicated volunteers or community groups, and may be sponsored by organizations or individuals. Private events can encourage a broad and varied use of public facilities and promote those facilities. The City of Bangor Event Permit Policy regulates the use of City property, streets or sidewalks that have potential to interfere with normal patterns of use. This policy excludes Bass Park, Union Street Recreation Complex, and Bangor Municipal Golf Course, as these facilities require a separate rental agreement. This policy is designed to ensure effective coordination of events throughout the year. 2.0 DEFINITIONS 2.1 Event: An organized activity that has a pre -determined start and end. 2.2 Non-Profit/Community Open Event: Include, but are not limited, to festivals, performances, competitions, or other organized public events where City property will be used. These events do not benefit an individual or a "for profit organization." However, these events may be sponsored by a "for profit" entity and proceeds must be used for a non-profit/charitable purpose. A non-profit organizer may be required to provide confirmation of that group's non-profit status. 2.3 For Profit Open Event: An event held for the purpose of profiting a business or individual or for promoting a product or service associated with a for -profit entity. These events require a specific use agreement. 2.4 City Open Event: An event sponsored solely by, or in partnership with, the City or specific City Department. 2.5 Private Events: Events where attendance is limited to specific invitees or identifiable groups such as family members, employees of an organization, or members of a club. They include, but are not limited to, wedding ceremonies, family gatherings, company picnics, or other events that are not intended for the public. For these events, a specific use agreement may be required by the City. 2.6 Waterfront: For purposes of this policy, the waterfront shall include all land owned and controlled by the City as follows: along the Penobscot River from its confluence with the Kenduskeag Stream to Dutton Street; adjacent to Railroad Street; and bounded by Railroad and Main Street. Area also includes a parcel west of the railroad tracks which is bounded by Railroad Street and Main Street. i' Z VC AP RI L 11, 2022 2.7 Park Amenity: Those amenities located within City Parks available for scheduled exclusive use such as the gazebo at Cascade Park. Other such amenities may be designated for such use by the Director of Parks and Recreation based on the level of demand. 2.8 Public Assembly: Any meeting, picket line, rally or gathering of more than 25 persons for a common purpose which interferes with the normal flow or regulation of pedestrian or vehicular traffic, including emergency vehicles. 2.9 Spontaneous Public Assembly: An assembly as defined in 2.8 and organized as a result of news or events coming into the public knowledge within two days of the public assembly. 2.10 Parade: An event that is a march, demonstration, or motorcade of persons, animals, and/or vehicles upon or within the public streets, sidewalks, which interferes with the normal flow or regulation of vehicle or pedestrian traffic, including emergency vehicles. The City will determine an acceptable parade route, included in this policy. 2.11 Organizer: Any individual or organization applying for permitting under the provisions of this policy; interchangeable with the term applicant. 3.0 EVENT PERMIT REQUIRED 3.1 An event permit is required for any event which will make use of any City property, streets or sidewalks and which has potential to interfere with normal patterns of use. In considering whether a permit shall be granted, the Director of Parks and Recreation and Police Chief or designee shall take into consideration the following: 3.1.1 Whether the event is appropriate for the requested area or facility. 3.1.2 The health, welfare, and safety of event participants and the general public. 3.1.3 The impact of the event on City staffing and the ability of such staff to continue to provide normal daily services. 3.1.4 If the requested event conflicts or is incompatible with other events already permitted for that location. 3.1.5 The potential limitations the event will place on public use of the area. 3.1.6 For parades- the number of floats, displays, and participants. 3.1.7 An approved safety and emergency plan reviewed and approved by the City of Bangor Police and Fire Departments may be required depending upon factors such as event type, size and location. 3.2 Event permits are not required for: 3.2.1 Events sponsored by the Department of Parks and Recreation and other departments including such activities, but not limited to, scheduled athletic events, tournaments, and summer camp activity days. 3.2.2 Funeral processions organized by a licensed mortuary. 3.2.3 An event in a City park of less than 30 individuals such as a family gathering, graduation or wedding photo session, or remembrance. 4.0 PARADE SPECIFIC REQUIREMENTS i' Z VC AP RI L 11, 2022 4.1 An approved safety and emergency response plan reviewed and approved by the City of Bangor Police Chief and City of Bangor Fire Chief or their designee(s). 4.2 A designated parade organizer with appropriate contact information so that the organizer can be reached before and on the day of the parade. 4.3 Fuel shall not be carried or stored on any float and portable generators must be properly secured. 4.3.1 Refueling of generators during the parade is prohibited. 4.4 Floats should be constructed to adequately and safely support the number of participants and equipment on the float. 4.5 Reviewing stands and/or stages shall be assembled and/or constructed in a manner appropriate for the number of persons using the structure. 4.6 The owner of any moving vehicle(s) that participates in a parade shall ensure that each vehicle, and/or other motorized unit, is mechanically sound and the operator is a sufficiently trained operator. 4.7 The applicant must ensure that each operator of a motorized vehicle possess a valid motor vehicle operator license and is at least 18 years of age. 4.7.1 Commercial vehicles shall have operators that are currently licensed for the operation of that vehicle under State of Maine law. 4.8 No operator of any motor vehicle, whether registered or otherwise part of a float or display, shall be under the influence of alcohol or drugs pursuant to current state and local statutes. 4.9 Parade organizers shall verify that any registered motor vehicle and/or cycle shall have proof of active motor vehicle insurance, as required under State of Maine law. 4.10 Each float and/or other moving vehicle shall have at a minimum one spotter on each side of the display wearing either a safety vest or clothing that clearly identifies them to ensure spectator and participant safety. 4.11Throwing any objects from a moving float and/or display is prohibited for safety reasons. 4.11.1 Individuals may walk and distribute items as long as they are easily identified and maintain a safe distance from any moving vehicle. 4.11.2 A spotter may NOT distribute items along the parade route. 4.12 Children under the age of 14 are not permitted to ride any float without adult supervision. 4.12.1 Any float with children, as described above, is required to have an adult, age 18 or older, per six children. 4.12.2 It is recommended that walking groups maintain a ratio of one adult per ten children. i' Z VC AP RI L 11, 2022 4.13 Floats are required to have proper restraining devices and a barrier on all edges to prevent participants from falling. 4.13.1 It is recommended that the railing be at a height of at least 42" 4.14 Floats and/or displays that include animals shall have handlers that are sufficiently trained for the care and supervision of the animals under their control and shall be responsible for any waste removal. 5.0 PERMIT PROCEDURE 5.1 Complete applications must be received by the Parks and Recreation Department 30 calendar days prior to the first day of the event. Applications must be accompanied by a $25 non-refundable fee payable to the City of Bangor. This deadline and fee may be waived at the discretion of the Director of Parks and Recreation if the nature of the event allows for a more rapid review such as a Spontaneous Public Assembly as defined in 2.9. 5.1.1 The organizers of a Spontaneous Public Assembly shall give notice to the City's Parks and Recreation Director or designee at least four hours prior to the event. Permit information such as an event contact, date and time of the event and providing an estimate of the approximate number of persons anticipated to participate is required upon notice. 5.2 When applicable and available, event promotional material and sponsor information should be submitted with the application. 5.3 The permit application must be complete, including any supporting documentation requested. Incomplete applications will be returned and not considered until they are complete. 5.4 Upon receipt of an event application, the Department of Parks and Recreation will notify other City Departments, as appropriate, and for additional review and comment prior to approval. If necessary, the Parks and Recreation Department may request that the applicant provide additional information required to adequately review the request. 5.5 The applicant will be notified no later than 10 business days after receipt of the application regarding the status of the request, any conditions that may be required, and an estimate of the amount of reimbursement that will be necessary for the City to provide staff and services to support the event, if any. These deadlines may be waived at the discretion of the Director of Parks and Recreation if the nature of the event allows for a more rapid review such as a Spontaneous Public Assembly as defined in 2.9. 5.6 When more than one application is received, permits shall be processed in the order in which they are received. 6.0 OTHER REQUIREMENTS i' Z VC AP RI L 11, 2022 6.1 Waterfront events will be permitted in a manner that still allows public pedestrian access to walkways and sidewalks. Proposed areas designated for event use only shall be clearly defined as part of the application and are subject to approval by the City. 6.2 Proof of comprehensive general liability insurance must be provided at the request of the City. When insurance is required, a valid certificate of insurance must be provided naming the City of Bangor as additionally insured and must be received before the City will issue an approved permit. The insurance policy should be specific to the proposed event and/or cover all activities of the sponsoring organization. The insurance coverage must be, at a minimum, $1,000,000 per occurrence. A higher amount may be required. 6.3 Alcoholic Beverages are permitted as allowed by City Code and/or State law. When serving or selling alcoholic beverages is requested, a separate off premise liquor license is required. The review of that request is subject to all current and applicable City ordinances and State law. 6.4 Beverages must be served in plastic or paper containers. 6.5 Open event organizers must provide sufficient number of portable restroom facilities based on expected attendance as determined by the City. 6.6 Events shall comply with current noise ordinances or policies. Events that include live music, recorded music, public address systems, etc., shall be limited to decibel levels and times allowed under City code or policies. 6.7 Permit holders shall be solely responsible for ensuring that any vendors associated with the event have the necessary permits and licenses required by City ordinance and State law. 6.8 Any disturbance of ground surface must be approved by the Director of Parks and Recreation or designee. This may include, but is not limited to, a requirement of weighted supports for tents. Permit holder shall be responsible for any damage to in - ground utilities. 6.9 Applicants are strongly discouraged from promoting any proposed event until the permit is approved. 6.10The permit holder is responsible for clean up during and at the end of the event including removal of all event and equipment and trash to its pre -event condition within 48 hours after completion of the event. The City reserves the right to assess a pre -event cleaning deposit and/or post -event clean up charges. 6.11The City acknowledges parades that have historically occurred on or near recognized holidays each year by long-standing community service organizations, as outlined in this section. These parades are required to adhere to the following date patterns and shall not be unreasonably denied a permit. 6.11.1 Memorial Day Parade -Recognized Memorial Day holiday (Bangor High School JROTIC) 6.11.2 Independence Day Parade -July 4t" (Kiwanis/41" of July Committee) 6.11.3 Veterans Day Parades -On Veterans Day (Bangor High School JROTIC) i' Z V( AP RI L 11, 2022 6.11.4 Holiday Day Parade -The first Saturday of December (Bangor Rotary Club) 6.12 For parades not listed in 6.11, applicants must submit, with the permit application, verification that businesses along the preferred parade route were notified of their intent to hold a parade, including a list of businesses notified. Additional information may be requested at the discretion of the Parks and Recreation Director. 7.0 MISCELLANEOUS 7.1 Events lasting longer than two consecutive days may be considered but shall be subject to approval of the Government Operations Committee of the City Council. 7.2 City parks will remain open and available for public use during events unless closed to the public by the Parks and Recreation Director or designee. 7.3 The City will work with organizers to determine appropriate timing for events and parades based on impact to City services and area businesses. Should both parties fail to reach an agreed -upon start and/or end time, the City reserves the right to deny the permit. 7.4 The City of Bangor Parks and Recreation Department is responsible for the administration of this policy and for its periodic review. 8.0 APPEAL 8.1 Event organizers who are denied a permit application may appeal their denial to the City Manager or designee. The appeal must be submitted within 14 calendar days of the date of denial. 8.2 Further appeals shall be requested of the Government Operations Committee of the City Council. This request shall be submitted through the Chair of the City Council. IN CITY COUNCIL APRIL 11, 2022 CO 22-150 Motion made and seconded for Passage Passed CITY CLERK