[HISTORY: Adopted by the Town Board of the
Town of Colonie 3-12-1981 by L.L. No. 13-1981. Amendments noted
where applicable.]
GENERAL REFERENCES
Public entertainment — See Ch. 88.
The purpose of this chapter is to protect the
public health, welfare, safety, peace and tranquility of the inhabitants
of the Town of Colonie and sojourners therein by regulating public
assemblages occurring within the Town.
A.
BUILDING
PERMIT
PERSON
PUBLIC ASSEMBLAGE
STRUCTURE
TOWN
Definitions. As used herein, the following words shall
have the meanings below set forth:
A structure wholly or partially enclosed with exterior walls
and a roof of a permanent or temporary nature, affording shelter to
persons, animals or property.
A permit for public assemblage in the Town of Colonie.
Any individual, firm, company, association, society, partnership,
corporation, (private or public) or group.
The gathering, collecting or congregating of 500 or more
persons at any place within the Town, where any part or all of the
activity of said persons is held out-of-doors or in nonpermanent or
temporary structure(s).
A combination of materials to form a construction that is
safe and stable, and including, among other things, stadiums, stages,
prop forms, radio towers, sheds, storage bins, tents, billboards,
space signs, bleachers, ramps and seats.
The Town of Colonie.
B.
Word usage. In this chapter, words used in the present
tense include the future; the singular number includes the plural;
and the masculine shall include the feminine. The word "shall" is
mandatory; and "may" is permissive.
No person or persons shall hold, sponsor, conduct,
operate, promote or allow or permit the use of their property or premises,
whether improved or not and whether contiguous or not, for the conduct
of a public assemblage unless a permit authorizing said assemblage
has been obtained from the Town Board or its designee, except as hereinafter
provided.
Nothing herein shall require any duly established
municipal, educational, historical, fire-fighting, recognized fraternal
or civic order or religious organization or institution located in
the Town or a political party qualified for a line on the ballot in
a general election to apply for or obtain a permit with regard to
any of its operations or its affairs except when it acts as sponsor(s)
for a public assemblage which is not its own operation or affair.
A.
Preliminary application, procedure and content.
(1)
A preliminary application for a permit shall be in
writing, addressed to the Town Board or its designee and filed with
the Engineering and Planning Services Department at least 60 calendar
days prior to the date upon which such public assemblage is proposed
to occur.
(2)
The Town Board or its designee shall act upon the
application within 30 calendar days after its submission.
(3)
Application shall be made by the owner of record of
real estate situate in the Town of Colonie upon which real property
said proposed public assemblage is to take place, or a lessee thereof
or a duly authorized agent or attorney of the owner or lessee.
(4)
Such preliminary application shall include the following
information:
(a)
A statement of the name, age, and residence address
of the applicant.
(b)
If the applicant is other than a natural person, the
application must state the name of the entity, its legal status, its
legal address, the names and addresses of its principals, a certified
copy of the Articles of Incorporation and a list of names and addresses
of all persons directly in charge of the public assemblage.
(c)
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 Albany and who shall be authorized and shall agree by a
written acknowledged statement attached to the preliminary application
to accept notices or summons, issued with respect to the application,
the conduct of the public assemblage in any manner involving it or
arising out of the application, construction or application of this
chapter. Should said agent not be available when attempted to be contacted
in connection with any of the above, the public assemblage permit
may be subject to immediate revocation by the Town Board.
(d)
A statement containing the name, address and record
owner(s) of the property(ies) where the public assemblage is proposed
to occur and the nature and interest of the applicant therein.
(e)
The proposed date(s) and hours of such public assemblage.
(f)
The expected maximum number of persons intended to
use the property(ies) at one time and collectively.
(g)
The expected number of automobiles, trucks, motorcycles
and other vehicles intended to use the property(ies) at one time and
collectively.
(h)
The purpose of the public assemblage, including the
nature of the activities to be carried on.
(i)
The amount of admission fee to be charged, if any.
(5)
If the Town Board or its designee is satisfied from the information supplied with the preliminary application that the potential effect of the proposed public assemblage will have no adverse affect upon the public health, safety and welfare of the people and property of the Town of Colonie, the Town Board or its designee may, subject to the provisions of § 51-6 of this chapter either:
(a)
Grant a permit for such public assemblage; or
(b)
Impose such conditions upon the issuance of a permit
for such public assemblage as are reasonably intended to ensure that
the proposed public assemblage will have no adverse affect upon the
public health, safety and welfare of the people and property of the
Town of Colonie.
(6)
If the Town Board or its designee is not satisfied, from the information supplied by the preliminary application, that the proposed public assemblage will not have an adverse affect upon the public health, safety and welfare of the people and property of the Town of Colonie, a more detailed application for a permit as is described in Subsection B hereof shall be required to be submitted to the Town Board or its designee for its review and decision.
(7)
A public hearing may be set upon any application submitted
under the provisions of this chapter, which hearing shall be held
only after reasonable notice thereof.
B.
Additional requirements for detailed permit applications.
(1)
A map prepared by a New York State licensed land surveyor
or licensed professional engineer showing the size of the property(ies);
the zoning district in which it is located; the names and record owners
of the adjoining properties; the streets or highways abutting said
property(ies); the size and location of any existing building; and
buildings or structures to be erected for the purpose of the public
assemblage and use.
(2)
A plan or thawing to scale prepared by a New York
State licensed professional engineer or licensed land surveyor showing
the method and manner in which:
(3)
A plan, drawn to scale, showing the layout of any
parking area for motor vehicles, including the means of ingress and
egress to such parking area, and the method of traffic control to
be used thereon.
(4)
A statement containing the type, number and location
of any radio device(s), sound amplifier(s) or loudspeaker(s) or sound
track or other similar sound equipment or device(s) to be used in
connection with such public assemblage and the manner and purpose
of its proposed use.
(5)
A statement specifying whether food or beverages are
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 beverages
and the method of disposing of garbage, trash, rubbish or any other
refuse arising therefrom. If food or beverages are to be prepared,
sold or 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; also
a statement specifying whether alcoholic beverages are intended to
be prepared, sold or distributed.
(6)
A statement specifying whether any private security
guard or police will be engaged and, if so, the numbers of and duties
to be performed by such persons, including the hours to be worked
and areas of responsibility and the names and addresses of such persons
and the qualifications and source of such persons.
(7)
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.
(8)
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.
(9)
A statement specifying the facilities to be available
for emergency treatment of any person who may require medical or nursing
attention and the names and addresses of all doctors, nurses, pharmacists
and ambulance services the applicant will provide for the event.
(10)
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.
(11)
A statement specifying the contemplated duration of
the public assemblage.
(12)
If the assemblage and use is to continue from one
day into another, a statement specifying the camping and housing facilities
available or to be made available on the premises and, if such facilities
available on the premises are insufficient for camping and housing
the contemplated number of people in attendance, such facilities available
off the premises or to be made available to persons attending such
public assemblage.
(13)
A detailed plan, with drawings and written explanation,
showing the method and means of disposing of garbage, trash, rubbish
and other refuse.
(14)
A detailed description of all insurance policies and
surety bonds to be provided by the applicant for the protection of
the general public, the Town of Colonie and its various public bodies,
officers and employees.
(15)
The names and addresses of all concessionaires and
other persons providing services or facilities under contract, lease
or other arrangements for the event.
(16)
A subscribed authorization from the landowner and
the applicant to the Town of Colonie and the State of New York to
permit the Town and the state and their lawful agents to go upon the
property to inspect the same to determine if there is compliance with
the requirements of this chapter and any permit issued thereunder,
to inspect to determine if there is compliance with all other state
and local laws, to provide adequate police and fire protection and
to protect persons and property from danger.
(18)
Detailed plans and the methods to be employed for
limiting the size of the proposed function to the number of participants
for which facilities are designed and external, as well as internal,
crowd control.
(19)
Detailed plans for parking facilities off public roadways
able to serve all reasonably anticipated requirements.
(20)
Detailed plans for transportation arrangements from
noncontiguous parking facilities to the site to fully serve all reasonably
anticipated requirements including statements from Town of Colonie
Police, New York State Department of Transportation or other law enforcement
agencies certifying that the traffic control plan is satisfactory.
(21)
Such other information as the Town Board or its designee
may, from time to time, determine necessary to review and evaluate
before deciding whether to issue or not issue a particular requested
permit.
A.
No permit shall be issued unless all the provisions
for the public assemblage described in the application are determined
by the Town Board or its designee to sufficiently safeguard the safety,
health, welfare and well-being of persons and property and that the
permit would be in compliance with all the requirements of this chapter,
other local laws of the Town, the regulations of the New York State
Department of Health, the State Environmental Quality Review Law and
any other applicable laws and regulations.
B.
No permit shall be issued unless the owner of the
property and his tenant or lessee, if any, and the applicant have
provided notarized written authorization to the Town and New York
State and their lawful agents to go upon the property at any time
for the purposes of inspecting the same to determine if there is compliance
with the requirements of this chapter and any or all other state and
local laws and to provide adequate police and fire protection and
to protect persons and property from danger.
C.
No permit shall be issued unless the applicant has
furnished the Town with a comprehensive liability insurance policy
insuring the Town against liability for damage to persons or property
with limits for bodily injury or death and limits for property damage
determined by the Town, sufficient in form to insure, indemnify and
hold harmless the Town and its agents and employees from and against
all claims, damages, losses and expenses, including but not limited
to attorney's fees, arising or resulting from the issuance of the
permit. This insurance shall be noncancelable without 30 days prior
written notice to the Town, and the period of effectiveness of the
policy shall be from the date of issuance of the permit until at least
30 days after the public assemblage has been held and has ended.
D.
No permit shall be issued unless the applicant deposits,
with the Supervisor of the Town, a certified check or a bond in an
amount to be determined by the Town for the guaranty of the faithful
performance and compliance of the applicant with all the requirements
of the permit and that no damages 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. The funds shall be refunded or the
surety company bond canceled upon certification by the Town Board
or its designee that all the conditions of this chapter have been
complied with. However, no refund shall be made prior to the expiration
of 90 days from the date of the last day for which any public assemblage
permit is to be effective. The surety bond or certified check shall
also serve as an indemnity to save and protect the streets, pavements,
bridges, road signs and other property of the Town or other municipality
from any and all damages that may be caused by vehicles, employees
or participants in the public assemblage, to be used to restore the
ground where the public assemblage occurred to a sanitary condition
and to pay all charges and losses to the Town and other affected municipalities
for damages to streets, pavements, bridges and other property.
E.
The Town Board or its designee may impose such conditions
upon the issuance of any permit as it determines are necessary to
protect the health, safety and general welfare of the inhabitants
of this Town and their property and any person who may participate
in any such permitted public assemblage.
F.
Permit application fee.
(1)
Each application for a public assemblage permit shall
be accompanied by a certified check in the amount of $100.
(2)
Additionally, should the Town's cost to review any
particular public assemblage permit exceed $100, then the applicant
shall reimburse the Town said additional costs upon demand for payment
therefor.
G.
No permit issued under the provisions of this chapter
shall be transferred or assigned to any person or used by any person
other than the person to whom it was issued, nor shall such permit
be used on any location other than the location stated in such permit.
H.
A valid permit must be displayed in plain view continuously
during the event for which it was issued.
The contents of a public assemblage permit shall
be as follows:
If the Town Board or its designee shall deny
an application for a permit under this chapter, it shall notify said
applicant of the disapproval of said application and shall include
a statement of the reasons for disapproval. The nature of denial shall
be served upon the applicant's designated agent.
If after the permit is issued, the Town Board or its designee determines that any of the items set forth in § 51-6 of this chapter is not adhered to and accomplished within a reasonable time prior to the date or dates of such public assemblage, or, if the Town Board or its designee determines that any of the provisions of any section of this chapter have been or are being violated, then such permit shall become null and void.
A.
Any person who shall commit an offense against any
provision of this chapter is guilty of a violation and shall, upon
conviction thereof, be subject to a fine not exceeding $250 or imprisonment
not exceeding 15 days, or both.
B.
In lieu or in addition to any fine or imprisonment,
or both, imposed for a conviction of an offense against this chapter,
each such offense may be subject to a civil penalty not to exceed
$250 to be recovered in an action or proceeding in a court of competent
jurisdiction.
D.
In the event of a continuing offense of any section
or provision of this chapter, each day such offense shall continue
shall be a separate violation and subject to a separate fine, imprisonment
or a combination thereof.
E.
Where any offense of this chapter causes expense to
the Town, such offense may also be punished by a civil suit against
the offender, brought by the Town Attorney in the name of the Town
in a court of competent jurisdiction to recover such cost.
The enforcement of this chapter shall be by
the Police Department of the Town and such special persons as may
be, from time to time, authorized by the Town Board of the Town of
Colonie.
