[HISTORY: Adopted by the Town Board of the Town of Wappinger 6-3-1975
by L.L. No. 10-1975. Amendments noted where applicable.]
A.
This Town Board, in order to promote proper government
and to ensure the proper protection, order, conduct, safety, health, welfare
and well-being of persons or property within the Town of Wappinger, Dutchess
County, finds it is in the public interest to enact this chapter.
B.
This chapter shall regulate the assembly of persons,
where such assembly exceeds 5,000 persons, in public places within the Town
of Wappinger, Dutchess County.
Unless otherwise expressly stated, the following terms shall, for the
purposes of this chapter, have the meanings herein indicated:
A.
Word usage. Words used in the present tense include the
future; the singular number includes the plural, and the masculine shall include
the feminine. "Shall" is mandatory; "may" is permissive.
B.
ASSEMBLY
BUILDING
PERSON
PUBLIC PLACE
STRUCTURE
TOWN OF WAPPINGER OR TOWN
Definitions.
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.
Any individual, firm, company, association, society, corporation
or group.
A place to which the public or a substantial group of persons is
invited or has access.
A combination of materials to form a construction that is safe and
stable, and includes, among other things, stadiums, stages, platforms, radio
towers, sheds, storage bins, tents, billboards and display signs.
The Town Board of the Town of Wappinger.
No person shall use, allow, let or permit to be used property for the
assembly of persons in excess of 5,000 unless a written permit authorizing
such use shall have been obtained from the Town Board.
Application for such permit shall be by verified petition addressed
to the Town Board and shall be filed with the Town Clerk at least 90 days
prior to the date upon which such assembly is contemplated. A copy of such
petition shall be mailed to each member of the Town Board on the day that
it is filed with the Town Clerk by certified mail, return receipt requested.
Such application shall include the following written material:
A.
A statement of the name, age and residence address of
the applicant and, if the applicant is a corporation, the name of the corporation
and the names and addresses of the directors; if the applicant does not reside
in the Town of Wappinger, the name and address of an agent who shall be a
natural person and shall reside or have a place of business in the Town of
Wappinger and who shall be authorized to and shall agree by verified statement
to accept notices or summonses issued with respect to violation of any law,
ordinances, rules or regulations.
B.
Fees.
[Added 8-22-1994 by L.L. No. 2-1994]
(1)
The applicant shall pay to the Town a fee per each application as set forth in Chapter 122, Article IV, § 122-16D(1) of the Code.
[Amended 3-8-2004 by L.L. No. 4-2004]
(2)
Applications made by the State of New York, County of
Dutchess or Town of Wappinger shall be exempt from such application fees.
C.
A statement containing the name and address of the record
owner of the property 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; 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.
D.
A map showing the size of the property; the zoning district
in which it is located; the names of the record owners of the adjoining properties;
the streets or highways abutting said property; the size and location of any
existing building, buildings or structures or of any proposed building, buildings
or structures to be erected for the purposes of the assembly.
E.
A plan or drawing showing the method to be used for the
disposal of sanitary sewage.
F.
A plan or drawing showing the method to be used for the
supply, storage and distribution of water.
G.
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.
H.
A statement containing the type, number and location
of any radio device, sound amplifier, loudspeaker, sound truck or other similar
sound equipment.
I.
A statement specifying whether food or beverage is intended
to be prepared, sold or distributed. If food or beverage is intended to be
prepared, sold or distributed, a statement specifying the method of preparation
and distribution of food or beverage and the method of disposing of any garbage,
trash, rubbish or other refuse arising therefrom. If a person other than the
person applying for the permit will be engaged in the sale and distribution
of food or beverage, the name and address of such person shall be submitted.
All garbage, trash, rubbish or other refuse shall be stored, until removed,
at an unobtrusive area of the premises in securely covered containers. Such
containers shall be maintained in a sanitary condition and shall be cleaned
at least daily. No garbage, trash, rubbish or other refuse shall be removed
from the premises between the hours of 11:00 p.m. and 7:00 a.m.
J.
A statement specifying whether any private security guards
or police will be engaged and, if so, the names and addresses of such persons
and the duties to be performed by such persons.
K.
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.
L.
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 luminating power of such lights and signs. In addition, no light
on any part of the property of the assembly shall be permitted to shine unreasonably
beyond the property line of the property. All exterior lights on the property
shall be so situated or equipped with shielding devices that no unreasonable
glow shall shine beyond the property line of the assembly.
M.
A statement specifying the facilities to be available
for emergency treatment of any person who might require immediate medical
or nursing attention.
N.
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.
O.
A statement that no soot, cinders, smoke, noxious acids,
fumes, gases or unusual odors shall be permitted to unreasonably emanate beyond
the property line of the assembly.
P.
A statement that no music shall be played in any place
of assembly, either by mechanical device or live performance, in such a manner
that the sound emanating therefrom shall be unreasonably audible beyond the
property line of the place of assembly.
Q.
A statement that no loud, unnecessary or unusual noise
shall be permitted to be made, continued or caused to be made or continued
so as to be unreasonably audible beyond the property line of the assembly.
R.
A statement that no law, ordinance, rule or regulation
applicable to the place of assembly or enforceable by any governmental authority
will be violated and that the regulations of the New York State Department
of Labor, Board of Standards and Appeals, for places of public assembly will
be adhered to.
The Town Board, before issuing any permit, shall require the applicant
to get the approval of any or all of the following applicable governmental
agencies:
A.
The New York State Health Department, the County Health
Officer and the New York State Water Resources Commission as to any proposed
sanitary sewage disposal system.
B.
The New York State Health Department, the Town Building
Inspector, the Town Health Officer and the New York State Water Resources
Commission as to any proposed system for the supply, storage and distribution
of water.
C.
The Dutchess County Highway Department, the New York
State Department of Transportation, the Dutchess County Sheriff's Department,
the New York State Police, the Chief Engineer of the controlling fire district,
the Fire Commissioners of the controlling fire district and the Fire Advisory
Board of the County of Dutchess as to the proposed parking area.
D.
The Zoning Board of Appeals and Building Inspector as
to the proposed type, number and location of any sound-producing equipment.
E.
The New York State Health Department and the County Health
Officer as to the proposed method of preparing, selling or distributing food
or beverage and the removal of trash, rubbish or garbage arising therefrom.
F.
The Dutchess County Sheriff's Department and the
New York State Police as to any proposed private security or police protection.
G.
The Chief Engineer of the controlling fire district,
the Fire Advisory Board of Dutchess County and the Fire Coordinator of Dutchess
County as to any proposed fire protection system.
H.
The Zoning Board of Appeals and Building Inspector as
to any proposed outdoor lights and signs.
I.
The New York State Health Department and County Health
Officer as to any proposed facilities for emergency medical or nursing treatment.
J.
The Town Building Inspector and the Zoning Board of Appeals
as to any proposed camping or housing facilities.
A.
No permit shall be issued unless the owner and his tenant
or licensee, if any, shall furnish the Town with written authorization to
permit the Town or its lawful agents to go upon the 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 Town with a comprehensive liability insurance policy insuring
the Town against liability for damage to persons or property with limits of
not less than $500,000 to $1,000,000 for bodily injury or death and limits
of not less than $500,000 for property damage, sufficient in form to save
the Town harmless from any liability or causes of action which might arise
by reason of the granting of the permit, and noncancelable without 10 days'
prior written notice to the Town.
C.
No permit shall be issued unless the applicant shall
deposit with the Town Clerk cash or good surety company bond, approved by
the Town Board, in the minimum sum of $500,000 and conditioned that no damage
will be done to any public or private property and that the applicant will
not permit any litter, debris or other refuse to remain upon any public or
private property by reason of the granting of the permit, which cash shall
be refunded or surety company bond canceled upon certification to the Town
Board by the Building Inspector that all conditions of this chapter have been
complied with.
The Town shall deny the issuance of a permit if it shall find that any of the items as set forth in § 71-4 of this chapter are insufficient to properly safeguard the safety, health, welfare and well-being of persons or property or if the necessary approval of any governmental agency as set forth in § 71-5 of this chapter is not obtained. In no event shall the Town withhold its written approval or denial of a permit for a period in excess of 30 days after a full submission to it by an applicant, except by an extension, in writing, given by the applicant.
If, after a permit is issued, the Town Board through its lawful agents determines that any of the items as set forth in § 71-4 of this chapter and as specified in the applicant's verified petition in support of the application for a permit is not adhered to and accomplished within a reasonable time of the date or dates set for the assembly through the time of the assembly, or if the necessary approval of any governmental agency as set forth in § 71-5 of this chapter is revoked at any time, such permit shall become null and void.
[Amended 3-8-2004 by L.L. No. 4-2004]
The applicant shall pay to the Town a fee as set forth in Chapter 122, Article IV, § 122-16D(1) of the Code at such time as he submits his application, which fee shall be returned by the Town if such 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 5,000 or any person
who shall cause the gathering, collecting or congregating of persons in excess
of 5,000 persons in public places without having a written permit in accordance
with the provisions of this chapter shall be deemed to have violated this
chapter. Any person who commits or permits any act in violation of any of
the provisions of the chapter shall be deemed to have committed a misdemeanor
and shall be liable for the penalties provided. A separate offense against
this chapter shall be deemed committed on each day during or on which a violation
occurs or continues. A separate penalty may be imposed for each separate offense.
B.
For each violation of a provision of this chapter the person violating the same shall be guilty of a violation and shall be subject to a fine in the amount set forth in Chapter 122, Article V, § 122-20F of the Code or imprisonment not to exceed one year, or both such fine and imprisonment; provided, however, that fines for corporations shall be those specified in Penal Law § 80.10, for which a term of imprisonment in excess of three months is authorized, or, in the alternative, any higher amount not exceeding double the amount of the corporation's gain from the commission of the offense.
[Amended 3-22-2004 by L.L. No. 5-2004]
D.
In addition to the above provided penalties,
the Town Board may also 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 this chapter.
[Added 8-18-2003 by L.L. No. 10-2003]
This chapter will be enforced by the Zoning Administrator, the Building
Inspector, the Deputy Building Inspector, the Fire Inspector, the Deputy Fire
Inspector and any police agency having jurisdiction within the Town of Wappinger.
