[HISTORY: Adopted by the Board of Trustees of the Village of Maybrook
4-23-1979 by L.L. No. 5-1979 as Article 9 of Chapter 44 of the 1979 Municipal
Code. Sections 63-3B and D, 63-4A and 63-6 amended at time of adoption of
Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where
applicable.]
Unless otherwise expressly stated, the following terms shall, for the
purposes of this chapter, having the meanings herein indicated:
The gathering, collecting or congregating of persons with or without
the levy of an admission fee.
A structure wholly or partially enclosed within exterior walls and
a roof, of permanent or temporary nature, affording shelter to persons, animals
or property.
A place to which the public or a substantial group of persons is
invited or has access.
A construction that is safe and stable and includes, among other
things, tents, stadiums, amphitheaters and other similar facilities.
The furnishing of entertainment for a period of 30 days or less,
where the audience is not contained in an enclosed structure or building.
A.
Written permit required. No person shall use, allow,
let or permit to be used property for the assembly of persons for temporary
outdoor entertainment in excess of 150 persons at each performance unless
written permit shall have been obtained from the Village Board.
B.
Application to be filed twenty-one days prior to assembly.
Application for such permit shall be by verified petition addressed to the
Village Board and shall be filed personally with the office of the Village
Clerk at least 21 days prior to the date upon which the commencement of such
assembly is contemplated, unless otherwise waived by the Village Board.
C.
Information and material to be submitted with application.
Such application shall include the following written material:
(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 directors and officers of said corporation;
if the applicant does not reside in the County of Orange, the name and address
of an agent, who shall be a natural person and shall reside or have a place
of business in the County of Orange and who shall be authorized to and shall
agree by verified statement to accept notices or summonses issued with respect
to violations of any law, ordinances, rules or regulations.
(2)
A statement containing the name and address of the record
owner of the subject property or properties and the nature and interest of
the applicant therein; the proposed dates and hours of such assembly; the
expected maximum number of persons intended to use the property at one time
and collectively; the expected number of automobiles and other vehicles intended
to use the property at one time and collectively; and the purpose of the function,
including the nature of the activities to be carried on and the admission
fee to be charged, If any.
(3)
A map showing the size of the property; the zoning district
in which it is located; the streets or highways abutting said property; and
the size and location of any existing building, buildings or structures or
of any proposed building, buildings or structures to be erected for the purpose
of the assembly.
(4)
A plan or drawing showing the method to be used for the
disposal of sanitary sewage.
(5)
A plan or drawing showing the method to be used for the
supply, storage and distribution of water.
(6)
A plan or drawing showing the layout of any parking area
for automobiles and other vehicles and the means of ingress and egress to
such parking area. Such parking area shall provide one parking space for every
four persons in attendance.
(7)
A statement specifying the method of disposing of any
garbage, trash, rubbish or other refuse arising therefrom.
(8)
If a person other than the person applying for the permit
will be engaged in the sale or distribution of food and beverage, the name
and address of such person shall be submitted.
(9)
A statement specifying whether any private security guards
or police will be engaged and, if so, the number thereof and the duties to
be performed by such persons.
(10)
A statement specifying the precautions to be utilized
for fire protection and a map specifying the location of fire lanes and water
supply for fire control.
(11)
A statement specifying the facilities to be available
for emergency of any person who might require immediate medical or nursing
attention.
(12)
A statement specifying whether any camping or housing
facilities are to be available and, if so, a plan showing the intended number
and location of the same.
(13)
A statement that no soot, cinders, smoke, noxious acids,
fumes, gases or unusual odors or loud or excessive noises shall be permitted
to unreasonably emanate beyond the property line of the assembly.
A.
No permit shall be issued unless the permittee shall
furnish the Village with written authorization to permit the Village or its
lawful agents to go upon the subject property for the purpose of inspecting
the same, providing adequate police and fire protection and protecting persons
and property from danger.
B.
No permit shall be issued unless the applicant shall
furnish the Village with a comprehensive liability insurance policy, issued
by a company duly licensed by the State of New York, insuring the applicant
against liability for damage to persons or property, with limits as established
by resolution of the Board of Trustees,[1] which said policy shall name the Village as an additional insured
and shall be noncancellable without prior written notice to the Village.[2]
C.
Where the expected maximum number of persons shall exceed
1,000 persons at any performance, as a condition of the granting of the permit,
the Village Board may require the permittee to reimburse the Village for such
police protection as may be deemed necessary by the Village Board to adequately
and safely control and protect the assembly, the assembly area and traffic
in and about the area of the assembly. However, the permittee shall not be
required to reimburse the Village in excess of the actual cost paid by the
Village for such police protection and in no event for more than two police
officers for the first 1,000 persons of the assembly, nor for more than one
police officer for each additional 1,000 persons of the assembly.
A.
The Village may deny the issuance of a permit if it shall
find that any of the items required by this chapter are insufficient to properly
safeguard the safety, health, welfare and well-being of persons or property.
The denial shall be in writing and shall set forth the reason therefor. In
no event shall the Village withhold its written approval or denial of a permit
for a period in excess of 10 days after a full submission to it by an applicant,
except by an extension, in writing, given by the applicant.[1]
B.
If a permit is granted by the Village, such permit shall
set forth the maximum number of persons to be permitted to attend the event.
The Village, in determining such maximum limit, shall take into consideration
the capacity of the site, the facilities to be available and the availability
of public highway and other means of transportation to and from the site.
The applicant shall limit all ticket sales to such maximum number and shall
include such limitations in all advertising.
C.
Each permit shall expire at the end of the calendar year
in which it is issued.
If, after a permit is issued, the Village Board determines that any of the representations and/or statements contained in the application or any of the conditions of the permit have not been complied with, the Village Board may serve upon the permittee's agent for the service of process as appointed pursuant to § 63-2C(1) hereof a two-day notice of hearing specifying the manner in which the permittee has not complied with the terms of its permit, and, at which hearing, the Village Board, for good cause, may modify or rescind such permit, absolutely or upon conditions.
The applicant shall pay to the Village at the time the application is
submitted a fee as set by resolution of the Board of Trustees. One-half of
the fee shall be refunded if a permit is not issued.
A.
Any person who shall use, allow, let or permit to be
used property for the assembly of persons in excess of 150 for temporary outdoor
entertainment or any person who shall cause the gathering, collecting or congregating
of persons in excess of 150 in public places for temporary outdoor entertainment
without having a written permit in accordance with the provisions of this
chapter shall be guilty of a violation of this chapter.
B.
A violation of any of the provisions of this chapter
shall be a misdemeanor and shall be punishable as hereinafter provided.
C.
A separate offense against this chapter shall be deemed
committed on each day during or on which a violation occurred or continues.
A separate penalty may be imposed for each separate offense.
D.
For each violation of this chapter, the person violating
the same shall be subject to a fine of not more than $500 or imprisonment
not to exceed one year, or to both such fine and imprisonment.
