[HISTORY: Adopted by the Town Board of the Town of Sweden 6-21-1971.
Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 175.
The Town Board, in order to promote proper government and ensure the
proper protection, order, conduct, safety, health, welfare and well-being
of persons and property within the Town of Sweden, Monroe County, New York,
finds that it is in the public interest to enact this chapter pursuant to
the provisions of § 130, Subdivisions 11, 15 and 19, of the Town
Law of the State of New York. This chapter shall regulate the assembly of
persons where such assembly exceeds 200 persons at any place within the Town
of Sweden, Monroe County, New York, except where such assembly is organized
by and under the direct control of a volunteer fire company within the Town,
a fraternal or civic organization having a local chapter within the Town or
a religious corporation having a house of worship within the Town.
B.
ASSEMBLY
BUILDING
PERSON
STRUCTURE
Unless otherwise expressly stated, the following terms
shall, for the purpose of this chapter, have the meanings herein indicated:
The gathering or collecting or congregating of persons at any place
within the Town, with or without the levy of an admission fee, for a common
purpose, such as but not limited to sports events, circuses, carnivals, festivals,
music festivals and religious observances.
A structure wholly or partially enclosed with exterior walls and
a roof, of permanent or temporary nature, affording shelter to persons, animals
or property.
Any individual, firm, company, association, society, corporation
or group.
A combination of materials to form a construction that is safe and
stable and includes, among other things, stadiums, stages, prop forms, radio
towers, sheds, storage bins, tents, billboards, space signs, bleachers, ramps
and seats.
No person shall use, allow, let or permit to be used property for the
assembly of persons in excess of 200 persons nor shall any person use, allow,
let or permit to be used property for any part or portion of such assembly
of persons, which total assembly in the aggregate is in excess of 200 persons,
unless upon written permit authorizing such use and assembly issued by the
Town Board through its Clerk.
A.
Application for such permit shall be by verified petition
on forms to be furnished by the Town, addressed to the Town Board and filed
with the Town Clerk at least 45 days prior to the date upon which such use
and assembly shall occur. The Town Board shall act upon the application within
30 days after its submission.
B.
Such application shall include the following information:
(1)
A statement of the name, age and residence address of
the applicant; if the applicant is a corporation, the name of the corporation
and the names and addresses of its directors and officers; if the applicant
does not reside within the Town of Sweden, the name and address of an agent
who shall be a natural person and who shall reside in or have a place of business
in the County of Monroe and who shall be authorized to and shall agree to
a verified statement to accept notices or summonses issued with respect to
the application, the conduct of the assembly or use in any manner involving
it arising out of the application, construction or application of this chapter.
(2)
A statement containing the name, address and record owner
of the property where the assembly and use shall occur and the nature and
interest of the applicant therein; the proposed dates and hours of such assembly
and use; the expected maximum number of persons intended to use the property,
at one time and collectively; the expected number of automobiles and vehicles
intended to use the property, at one time and collectively; and the purpose
of the assembly and use, including the nature of the activity to be carried
on and the admission fee to be charged, if any.
(3)
A map prepared by a licensed land surveyor or licensed
public engineer showing the size of the property; the zoning district, if
any, in which it is located; the names and record owners of the adjoining
properties; the streets or highways abutting said property; the size and location
of any existing building; buildings or structures to be erected for the purpose
of the assembly and use; and the method, construction and materials to be
used in any new building or structure.
(4)
A plan or drawing to scale prepared by a licensed public
engineer or licensed land surveyor showing the method and manner in which:
(5)
A plan drawn to scale showing the layout of any parking
area for motor vehicles, including the means of egress and ingress to such
parking area.
(6)
A statement containing the type, number and location
of any radio device, sound amplifier or loudspeaker or sound truck, or other
similar sound equipment.
(7)
A statement specifying whether food or beverage is intended
to be prepared, served or distributed. If food or beverages are intended to
be prepared, sold or distributed, a statement specifying the method of preparation
and distribution of such food or beverage and the method of disposing of garbage,
trash, rubbish or any other refuse arising therefrom shall be provided. If
food or beverage is to be prepared, sold and distributed, a plan or drawing
to scale must be attached to the application showing the buildings or other
structure from which the food or beverages shall be prepared, sold or distributed.
(8)
A statement specifying whether any private security guards
or police will be engaged, and if so, the numbers and duties to be performed
by such persons, including the hours to be worked and areas of responsibility.
(9)
A statement specifying the precautions to be utilized
for fire protection, including a plan or drawing to scale specifying the location
of fire lanes and water supply for fire control.
(10)
A statement specifying whether any outdoor lights or
signs are to be utilized, and if so, a map showing the number, location, size,
type and illuminating power of such lights and signs.
(11)
A statement specifying the facilities to be available
for emergency treatment of any person who may require medical or nursing attention.
(12)
A statement specifying whether any camping or housing
facilities are to be available, and if so, a plan drawn to scale showing the
intended number and location of the same.
(13)
A statement specifying the contemplated duration of assembly
and use.
(14)
If the assembly and use are to continue from one day
into another, a statement specifying the camping or housing facilities available
or to be made available on the premises.
C.
No permit shall be issued unless it is clearly shown
that all of the following are provided for and approved in writing by the
Monroe County Health Department and the Town Board of the Town of Sweden:
(1)
Drinking water adequate in quantity and quality satisfactory
to the permit-issuing official. Drinking water shall be readily available
to all persons attending the assembly or use. Only drinking water shall be
so delivered or piped as to be easily accessible. A well or spring used as
a source of drinking water and the structure used for the storage of drinking
water shall be so constructed and located as to protect the contents against
pollution. A pipe or pump delivering the drinking water shall be of the type
and installation acceptable to the permit-issuing official. There shall be
no physical connection between a pipe carrying drinking water and a pipe carrying
water not of a quality satisfactory to the permit-issuing authority. A fixture,
installation or equipment from which backsiphonage may occur shall not be
supplied water from a pipe carrying drinking water. All pipes carrying drinking
water shall be buried to a sufficient depth below the surface of the ground
to prevent their damage or destruction. A common drinking container shall
not be provided or allowed to be used. Any drinking fountain shall be of approved
sanitary design and construction. Where water treatment process is employed,
an accurate and complete report of the process and operation thereof shall
be maintained daily, and no change of the source or in the method or treatment
of a drinking water supply shall be made without first notifying the permit-issuing
official and securing his written approval to do so.
(2)
Toilet facilities adequate for the capacity of the assembly
or use. These facilities shall be so located as to be conveniently available
and shall be so constructed and maintained that they will not be offensive.
Toilet facilities for groups of people consisting of both sexes shall be so
arranged that the facilities shall be separate for each sex. No privy shall
be so located or constructed that it will, by leakage or seepage, possibly
pollute a water supply, surface water or adjacent ground surface, and each
privy shall be constructed in accordance with the requirements of the State
Department of Health and shall be maintained so that it will not permit access
of flies to the privy vault.
(3)
Maintenance of adequate facilities for the satisfactory
disposal or treatment and disposal of sewage. Such facilities shall meet with
the standards and requirements of the New York State Department of Health
and Monroe County Health Department.
(4)
Adequate facilities and arrangements for safe, clean
disposal of solid waste, garbage and trash.
(5)
Adequate supply of food, including provisions for sanitary
storage, handling and protection of food and beverages until served or used.
A showing must be made that where food is to be prepared or consumed, there
are facilities for washing, disinfecting and storing dishes and food utensils.
(6)
Adequate off-street and off-road facilities for the contemplated
number of people attending the assembly or use. Parking space shall be provided
for at least one car for every four persons in attendance.
(7)
Adequate camping and housing facilities for the contemplated
number of people in attendance, if it is contemplated that the assembly or
use shall extend from one day to another.
(8)
An adequate number of access roads to and from the site
of the assembly or use.
(9)
Adequate medical facilities, including a first-aid station.
It must be shown that at least one doctor shall be in attendance at all times
and that at least one registered nurse for each 500 people in attendance will
be on duty at all times.
(10)
Adequate fire-protection arrangements for buildings.
D.
No permit shall be issued unless the owner and his tenant
or lessee, if any, shall furnish the Town with written authorization to permit
the Town or its lawful agents to go upon the property at any time for the
purpose of inspecting the same, the facilities provided thereon and the cleaning
of the premises after the termination of the assembly.
E.
No permit shall be issued unless the applicant has, prior
to such issuance, furnished the Town with a comprehensive liability insurance
policy insuring the Town against liability for damage to person or property,
bodily injury and/or death, among other things, in an amount and/or character
acceptable to the Town in each case and sufficient to save the Town harmless
from any liability or cause of action which might arise by reason of the granting
of the permit and not cancelable without 10 days' prior written notice to
the Town. The applicant shall further provide a security deposit of $500 with
the Town to insure the removal of trash and other waste material as hereinafter
provided, which deposit shall be returned to the applicant within 10 days
from the date of termination of the assembly, after deduction therefrom of
all expenses caused by the applicant's noncompliance to remove said trash
and other waste material.
[Amended 8-22-2006 by L.L. No. 3-2006]
Within five days from the date of the termination of the assembly, trash,
papers, garbage and other waste material shall be completely removed from
the premises in a safe, clean and sanitary manner.
Any permit issued may be revoked by the Town Board through its Clerk
if at any time it should be determined that the applicant has failed to provide
the facilities as specified in the application or that the setting up of the
facilities provided for in the application cannot be reasonably accomplished
within the time or date set for the assembly or use.
Each application shall be accompanied by a fee in the amount as set
by the Town Board at the time of its submission. The fee shall compensate
the Town for its examination and processing of such application and shall
not be refundable in whole or in part.
A.
Any person who shall use, allow, let or permit to be
used property for the assembly of persons in excess of 200 or shall use, allow,
let or permit to be used property for any part or portion of such assembly,
which total assembly in the aggregate is in excess of 200 persons, or any
person who shall cause the gathering, collecting or congregating of persons
in excess of 200 at any place within the Town without first obtaining a written
permit in accordance with the provisions of this chapter shall be deemed to
have violated this chapter and committed a misdemeanor against the chapter
and shall be liable for the penalties provided. Any person who commits or
permits any act in violation of any provision of this chapter shall be deemed
to have violated this chapter and committed a misdemeanor against the chapter
and shall be liable for the penalties provided.
B.
For each violation of the provisions of this chapter,
the person violating the same shall be subject to a fine of not more than
$1,000 nor less than $100, or imprisonment not to exceed one year, or to both
such fine and imprisonment.
[Amended 10-24-1990 by L.L. No. 2-1990]
C.
In addition to the above provided penalties, the Town
Board may maintain an action or proceeding in the name of the Town in a court
of competent jurisdiction to compel compliance with, or to restrain by injunction,
the violation of such chapter.
