HomeMy WebLinkAbout2009-02-09 09-073 ORDERCOUNCIL ACTION
Item No. v q 073
Date: 02-09-2009
Item/Subject: Order, Adopting Waterfront and Park Facility Event Permit Policy
Responsible Department: Parks and Recreation
Commentary:
As the number of events on the Bangor Waterfront has increased, it has become apparent that a
policy is necessary in order to appropriate accommodate events on the waterfront. In addition,
we periodically receive requests to hold events in certain facilities within our parks, and it seems
appropriate to include these facilities within an overall policy. The attached policy attempts to
balance the use of our waterfront and certain park facilities with the public interest in continued
access to these facilities. Specifically, the policy requires that any event on the waterfront or in
a park that will significantly limit the ability of the general public to use these areas must receive
a permit from the Department of Parks and Recreation. In determining whether a permit will be
granted, the Department can take into account the nature of the event, the impact it will have
on City staffing, and potential conflicts with other events or activities. A permit application fee of
$25 will be required for such events. The policy also establishes insurance requirements, holds
the event organizers responsible for clean up after the event and authorizes a cleaning and
damage deposit when deemed necessary, and establishes other requirements that events must
meet.
This policy will allow the Parks and Recreation Department to better schedule events on the
waterfront and in City Parks, will provide a procedure to insure those interested in holding
events that they will have the ability to do so, and sets forth a procedure that will ensure that all
involved City Departments can review event applications prior to their approval.
Department Head
Manager's Comments:
This has been reviewed by the Business and Economic Development Committee, which
recommends approval. doia,
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City Manager
Associated Information:
Budget Approval:
Legal Approval:
Introduced for
X Passage
First Reading
Referral
Page _ of
Finance Director
Solicitor
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Assigned to Councilor Nealley February 9, 2009
CITY OF BANGOR
(TITLE.) Order, Adopting Waterfront and Park Facility Event Permit Policy
By the City Council of the City of Bangor.
ORDERED, THAT the Waterfront and Park Facility Event Permit Policy, a copy of which is
attached hereto, is hereby adopted.
IN CITY COUNCIL
February 9, 2009
Motion Made and Seconded
for Passage
Passed
DEPUTY -CITY CLERK
O R AX -E R
(TITLEJAdnping Watarfrnnt and Park
Facility Event Permit Policy
Assigned to Councilor
City of Bangor
Waterfront and Park Facility Event Permit Policy
1.0 Purpose
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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
through 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 Waterfront and Park Event Permit Policy covers defined
areas of the Waterfront and certain facilities in City parks, excluding Bass Park
and the Bangor Municipal Golf Course. This policy is designed to ensure
effective coordination of events throughout the year.
2.0 Policy
It is the policy of the City of Bangor to accommodate events on the Waterfront or
in Public Parks where such events are determined to meet the purpose of this
policy while permitting the general public to either participate in the event or to
continue to use the park or, at minimum, sufficient areas within the park for the
normal purposes for which they are intended.
3.0 Definitions
3.1 Event: An organized activity that has a predetermined start and end, a
duration of 3 days or less, and that takes place no more than once per
year.
3.2 Non Profit/Community Open Event: These are events that include, but
are not limited to, festivals, performances, competitions, or other
organized public events where public property will be used. These
events do not benefit an individual or a "for profit" organization,
although they may raise funds for a charitable purpose. Such events
may be sponsored by a for-profit entity; however, proceeds of the
event, if any, must be used for a non-profit purpose. A non-profit
organizer may be required to provide confirmation of that group's non-
profit status.
3.3 For Profit Open Event: An event held for the purpose of profiting a
business or individual or for promoting a product or service provided by
or associated with a for-profit entity.
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3.4 City Open Event: An event sponsored solely or in combination by the
City, a City department, an organization sponsored by the City, or an
organization on whose Board the City is represented.
3.5 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
similar events that are not intended for the public.
3.6 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
Streets. Area also includes a parcel west of the railroad tracks which
is bounded by Railroad Street and Main Street. See Appendix A for a
map detailing the above definition.
3.7 Park Facility: Those facilities located within City Parks available for
scheduled exclusive use to include: special purpose athletic fields such
as baseball, softball, and soccer fields; the Bandstand at Paul Bunyan
Park; the bridge and Gazebo at Cascade Park; and such other facilities
as may be designated for such use by the Director of Parks and
Recreation based on the level of demand.
4.0 Permit Required.
Any event which will make use of any area of the waterfront or any park
facility covered by this policy or which will significantly limit the ability of the
general public to use the waterfront or any significant area within it must be
permitted by the Bangor Department of Parks and Recreation. In
considering whether a permit shall be granted, the Director of Parks and
Recreation or designee shall take into consideration the following:
4.1 whether the event is appropriate for the requested area or facility;
4.2 the health, welfare, and safety of event participants and the
general public;
4.3 the impact of the event of City staffing and the ability of such
staff to continue to provide normal daily services;
4.4 whether the requested event conflicts or is incompatible with other
events already permitted for that park or area;
4.5 The limitations the event will place on public use of the area, if any.
Permits are not required for events sponsored by the Department of Parks
and Recreation including such activities as scheduled athletic events and
tournaments.
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5.0 Permit Procedure
Applications for a permit shall be submitted to the Department of Parks and
Recreation on an application form provided by the Department. Applications for
a permit cannot be submitted prior to December 1 st of the year prior to the year
the event will be held. Events that recur each year must submit an application
each year.
5.1 Applications for any event must be received by the Parks and
Recreation Department 30 calendar days prior to the first day of the
event.
5.2 Applications must be accompanied by a $25 non-refundable fee
payable to the City of Bangor.
5.3 When applicable and available, event promotional material and
sponsor information should be submitted with the application.
5.4 The permit application must be complete, including any supporting
documentation requested. Incomplete applications will be returned
and not considered until they are complete.
5.5 Any event that is not open to the public or for which an entrance fee
or donation is expected must clearly set forth in the permit
application the park facility or area of the waterfront to be used for
the event
5.6 Upon receipt of an event application, the Department of Parks and
Recreation may notify other City Departments, as appropriate, and
request that they provide review and comment prior to approval.
5.7 If necessary, the Parks and Recreation Department may request
that the applicant provide any additional information required to
adequately review the request.
5.8 The applicant will be notified no later than 30 working days.after
receipt of the application, or 15 days prior to the date of the event
where the application is received within 45 days of the event, of the
status of the request, any conditions that the Department will
require, 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 where the nature of the
event allows for a more rapid review and where the facility or
waterfront area requested is available.
5.9 Where more than one application is received for an event and the
events are incompatible, permits shall be processed in the order in
which they are received.
6.0 Other Requirements
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6.1 Any event on the Waterfront must either be open to the public or
located in an area defined by the permit which will limit public
access to the event while allowing the public access to other areas
of the park. Any areas designated for the use of only event
participants shall be clearly defined on any permit application,
including the specific time period during which the area will be
closed to the public.
6.2 Proof of insurance must be provided for all open events. Coverage
shall include comprehensive general liability insurance or public
liability insurance either specific to the proposed event or covering
all activities of the sponsoring organization and must provide
coverage of at least $400,000 per claim/$1,000,000 annual
aggregate. The City may require a higher amount if it deems it
necessary. The City may require insurance for private events at
the discretion of the Parks and Recreation Director or designee. A
current certificate of insurance indicating that the City of Bangor is
an additional named insured must be provided no later than ten
days prior to the date of the event. When insurance is required,
this certificate must be provided before the actual event permit is
issued.
6.3 The permit holder is responsible for clean up during and at the end
of the event, including removal of all event equipment and trash
and restoring the area to its pre -event condition within 48 hours
after completion of the event. The permit holder is responsible for
any damage to public property resulting from the event. At the sole
discretion of the Director of Parks and Recreation or designee, a
cleaning deposit and/or damage deposit may be required prior to
permit issuance.
6.4 Applicants are strongly discouraged from promoting any proposed
event to the public until the permit has been approved.
6.5 Any refreshments provided during open events must be served in
plastic containers.
6.6 Open event organizers must provide the number of portable
restroom facilities required by the event permit, such number to be
based on expected attendance.
6.7 The permit holder shall be solely responsible for ensuring that any
vendors associated with the event have the appropriate permits
and licenses required by City ordinances. Information regarding
permits and licenses may be obtained from the City Clerk.
6.8 Events shall comply with current noise ordinances. Noise,
including live music, recorded music, public address systems, etc.
shall be limited to levels and times allowed under the City of Bangor
Code.
6.9 Alcoholic beverages are generally not permitted. Approval may,
however, be granted for alcoholic beverages at events on the
Waterfront upon a showing by applicant that appropriate
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safeguards, including the possession of a valid liquor license issued
by the State of Maine, are in place to ensure public safety and
welfare.. Where serving or selling alcoholic beverages is
requested, the permit will be subject to review and approval by the
Bangor Police Department and any requirements placed on the
permit by the Police Department shall be adhered to throughout the
event. Non-compliance will result in the immediate revocation of
the event permit. The permit holder agrees to specifically indemnify
the City against any and all claims which are in any way related to
alcohol consumption.
6.10 Any disturbance of the surface of an area or facility required to
erect a tent, other structure, or for any purpose whatsoever, must
be specifically approved by the Director of Parks and Recreation or
designee. This may include the requirement of weighted supports
rather than stakes. Permit holders shall be responsible for any
damage caused to in -ground utilities or installations should a
surface be disturbed at any non -approved location.
6.11 The permit holder agrees to abide by all other applicable City
ordinances not specifically mentioned in this policy.
7.0 Miscellaneous
7.1 Events lasting longer than three days may be considered but shall
be subject to approval by the City Council Committee with
jurisdiction over the Parks and Recreation Department.
7.2 Any area covered by this policy shall otherwise be available to the
public when not in use for a permitted event or otherwise closed to
the public by the Director of Parks and Recreation.
7.3 The City of Bangor Parks and Recreation Department is
responsible for the administration of this policy and for its periodic
review and revision.
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