Town of Collins, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Collins as Ch. 18 of the 1987 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Parks — See Ch. 228.

§ 179-1 Title.

This chapter shall be known and may be cited as the "Special Events Law of the Town of Collins."

§ 179-2 Purpose.

This chapter is enacted to promote peace, good order and public safety for special events which are primarily outdoors attracting a large number of people in the Town of Collins, outside the Village of Gowanda.

§ 179-3 Applicability.

The following special events shall be covered by this chapter, including, but not limited to, amusement parks, circuses, carnivals, outdoor theaters, athletic contests or exhibitions (excluding those conducted in Town parks), outdoor concerts (excluding those conducted in Town parks), flea markets, garage sales, and all similar amusements for money or hire.

§ 179-4 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
FLEA MARKET
An indoor or outdoor casual sale by three or more individuals of personal property.
SPECIAL EVENT
A gathering of people out of doors, which is likely to attract a large number of people, that is, over 250 persons.
GARAGE SALE
The casual sale of personal property, including, but not limited to, used furniture, appliances, furnishings, clothing, bric-a-brac, antiques, toys, tools and similar items used about a household or person, other than by auction or the sale of the entire contents of a household. No license shall be required if the garage sale is conducted by less than three individuals nor more than three times per year on the same premises. If over three times per year on the same premises, a special event license shall be required even if the number expected to attend is less than 250 persons.

§ 179-5 License.

No special event shall be conducted or carried out in the Town of Collins, outside the Village of Gowanda, without first obtaining a special event license from the Town of Collins.

§ 179-6 Application procedure for license.

A. 
Special events other than flea markets. An application, in writing, by the operator shall be filed with the Town Clerk containing the following information:
(1) 
Name of operator or promoter.
(2) 
Location of special event.
(3) 
Date(s) of special event.
(4) 
Type of special event.
(5) 
Off-street parking (required).
(6) 
Insurance coverage.
(7) 
Emergency medical services available.
(8) 
Crowd control measures planned.
(9) 
Whether overnight camping is involved.
(10) 
Names of adjoining property owners and occupants.
(11) 
Sanitary facilities planned (Erie County Health Department approval required).
(12) 
District where event is to take place.
(13) 
Whether the Erie County Sheriff's Department has been notified for traffic control.
(14) 
Number of people expected to attend event.
B. 
Special event; flea market. An application, in writing, shall be filed with the Town Clerk containing the following information:
(1) 
Name of owner and operator.
(2) 
Date(s) to be held.
(3) 
Location.
(4) 
Number of vendors.
(5) 
Off-street parking.

§ 179-7 Procedure for license processing.

A. 
Special event other than flea markets.
(1) 
The Town Clerk, upon review of application, shall determine if the issuance of special event license will promote the peace, good order and public safety in the Town of Collins and to adjoining neighbors.
(2) 
No special event license shall be issued in area zoned residential in Chapter 305, Zoning, of the Code of the Town of Collins, except garage sales.
(3) 
Denial of license. The Town Clerk shall examine the qualifications of any applicant for a license or renewal thereof and shall have the right to deny the issuance or renewal thereof for any of the following reasons:
(a) 
Misrepresentation or materially false information in the application.
(b) 
Prior conviction of the applicant for a misdemeanor or felony.
(c) 
Revocation of a prior license similar to that for which application is being made.
(d) 
Noncompliance with the laws, ordinances, rules or regulations of the state, county or Town.
(e) 
A recommendation of disapproval by any authority to whom the application is referred.
(f) 
Will not promote the peace, good order, and public safety in the Town.
B. 
Special event; flea market. The Town Clerk on review of a flea market application must consider whether there is an adequate parking area, the premises will be cleaned up after the flea market, that all sales areas are at least 25 feet off the highway right-of-way and sales will only be conducted between 8:00 a.m. and 4:00 p.m. No special event license: flea markets shall be issued in areas zoned residential.
C. 
Fee. Upon approval, the Town Clerk shall issue a special events license upon receiving a fee as set from time to time by the Town Board. The Town Clerk shall also note any conditions on the license that he or she shall require. In case of refusal, an appeal may be taken to the Town Board pursuant to Town Law § 137.[1]
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Original § 18.7D, Term of license, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 179-8 Revocation of special event license.

A license issued under this chapter may be revoked pursuant to the provisions of Town Law § 137.

§ 179-9 Transferability of license.

No license issued hereunder shall be transferable.

§ 179-10 Expiration date on special event license.

A. 
The Town Clerk shall issue licenses for the dates of the special event. In any case, all licenses issued hereunder shall expire on December 31 of the year in which issued.[1]
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Licenses may be issued for probationary periods at the discretion of the Town Clerk.

§ 179-11 Enforcement.

The Code Enforcement Officer shall enforce the provisions of this chapter. The Code Enforcement Officer shall have the authority to issue and serve an appearance ticket, as defined in the Criminal Procedure Law § 150.10, to violators of the provisions of this chapter. Such appearance ticket shall be returnable in the Justice Court of the Town of Collins.

§ 179-12 Penalties for offenses.

Any person violating any provision of this chapter shall be punishable as provided in § 1-3 of the Code of the Town of Collins.