Town of Bethel, NY
Sullivan County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Bethel as Ch. 28 of the 1979 Code (Ch. 46 of the 1990 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 220.
Parking — See Ch. 231.
Racetracks — See Ch. 249.
Solid waste — See Ch. 279.
Zoning — See Ch. 345.

§ 90-1 Purpose; scope.

[Amended 12-28-1993 by L.L. No. 3-1993]
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 Bethel, Sullivan County, finds it is in the public interest to enact this chapter regulating assemblies of persons within public places within the Town. The Town Board further finds that the public health, welfare, safety, peace and tranquility of persons and property within the Town will be adversely affected if more than one mass gathering is permitted to occur in the Town on the same dates or within a short time of each other.
B. 
This chapter shall regulate the assembly of persons in a public place within the Town of Bethel, Sullivan County, where such assembly exceeds 10,000 persons.
C. 
The terms and requirements of this chapter shall not apply to the Town of Bethel, the Town Board of the Town of Bethel, or any not-for-profit corporation (including any not-for-profit local development corporation) whose governing board is wholly comprised of or wholly appointed by the Town Board of the Town of Bethel.
[Added 4-23-1998 by L.L. No. 2-1998]

§ 90-2 Word usage; definitions.

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. 
Definitions. Unless otherwise expressly stated, the following terms shall, for the purposes of this chapter, have the meanings herein indicated:
ASSEMBLY
The gathering, collecting or congregating of persons, with or without the levy of an admission fee.
BUILDING
A structure wholly or partially enclosed within exterior walls and a roof of permanent or temporary nature affording shelter to persons, animals or property.
PERSON
Any individual, firm, company, association, society, corporation or group.
PUBLIC PLACE
A place to which the public or a substantial group of persons is invited or has access.
STRUCTURE
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.
TOWN OF BETHEL or TOWN
Includes the Town Board of the Town of Bethel.

§ 90-3 Permit required.

No person shall use, allow, let or permit to be used property for the assembly of persons in excess of 10,000 unless a written permit authorizing such use shall have been obtained from the Town Board.

§ 90-4 Application for permit.

[Amended 12-28-1993 by L.L. No. 3-1993]
Application for such permit shall be by verified petition addressed to the Town Board and shall be filed with the Town Clerk at least 210 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:
A. 
A statement of:
(1) 
The name and residence address of the applicant.
(2) 
Whether the applicant is an individual, corporation, partnership, joint venture or other entity.
(3) 
If the applicant is a corporation, the names and addresses of all corporate directors, officers and shareholders, together with a certified copy of the articles of incorporation and a list of the names and addresses of all persons directly in charge of the activity; if the applicant is a partnership, the names and addresses of all partners; if the applicant is a joint venture or other entity, it shall set forth the names and addresses of all participants in the venture or other entity.
(4) 
If the applicant does not reside in the Town of Bethel, 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 Bethel 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, ordinance, rule or regulation.
B. 
A statement containing:
(1) 
The location and survey description of the property where the assembly is proposed, including all lands to be used directly, indirectly or incidental to the proposed assembly or any part thereof. There shall be attached to the application certified copies of documents disclosing the name and address of the record owner of the property and the nature of the interest of the applicant therein. If such interest is a leasehold, a copy of such lease shall be attached.
(2) 
The proposed dates and hours of such assembly.
(3) 
The maximum number of persons to be permitted at the assembly, including performers, staff members and audience at one time and collectively.
(4) 
The purpose of the function, including the nature of the activities to be carried on and the admission fee to be charged, if any.
C. 
A map showing:
(1) 
The size of the property.
(2) 
The zoning district in which it is located and whether the property is located in an agricultural district.
(3) 
The names of the record owners of the adjoining properties.
(4) 
The streets or highways abutting said property.
(5) 
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.
(6) 
The location of all privies or toilets and handwashing facilities; all water supply sources (lakes, ponds, streams, wells, storage tanks, etc.); all areas of assemblage, including separate overnight camping areas for sleeping; all food service areas; all refuse storage handling and disposal areas; and emergency access and egress roads.
D. 
A plan or drawing showing the method to be used for the disposal of sanitary sewage.
E. 
A plan or drawing showing the method to be used for the supply, storage and distribution of water.
F. 
Detailed plans for parking facilities off public roadways able to serve all reasonable anticipated requirements at a rate of up to 100 passenger cars per acre or 30 buses per acre.
G. 
Detailed plans for transportation arrangements from noncontiguous parking facilities to the site of the assembly to fully serve all reasonably anticipated requirements at a rate of no less than 20,000 persons per hour.
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 such food or beverage and the method of disposing of any garbage, trash, rubbish or other refuse arising therefrom shall be submitted. 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. 
Detailed plans for security enforcement, including prevention of the unlawful use of alcohol, narcotics or dangerous drugs at the site; methods for limiting the size of the proposed function to the number of participants for which the facilities are designed; and external as well as internal crowd control, including sufficient guards for crowd control and security enforcement.
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 illuminating 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 so 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 or 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.
S. 
A plan for limiting attendance, including methods of entering the area, number and location of ticket booths and entrances, and provisions for keeping non-ticket holders out of the area.
T. 
A detailed plan for use of signs to locate all facilities and roadways.
U. 
Proof of financial resources sufficient to execute the plans as submitted, including a financial statement prepared by a certified public accountant showing the net worth of the applicant.
V. 
A statement detailing the experience, qualifications and capabilities of the applicant to conduct the assembly as proposed in the application, including a description of all similar events operated or managed by the applicant.
W. 
A statement setting forth how the proposed plan, both short- and long-term, will benefit the general, commercial and industrial welfare of the Town and promote the cultural development of the inhabitants thereof.
X. 
The deposit required by § 90-7C of this chapter.
Y. 
A statement by the applicant that he will diligently and in good faith pursue all the conditions for a permit enumerated in §§ 90-6 and 90-7 of this chapter.
Z. 
Detailed plans providing for disposal and cleaning the property and immediate surrounding properties within 48 hours after the event.

§ 90-5 Tentative approval of application; public hearing.

[Added 12-28-1993 by L.L. No. 3-1993]
A. 
Upon receipt of a timely application that complies with the requirements of § 90-4 of this chapter, the Town Board shall review the same to determine if the application contains sufficient provisions to properly safeguard the safety, health, welfare and well-being of persons or property in the Town. If the Board determines that such application does contain sufficient provisions therefor, it shall tentatively approve such application; provided, however, that no permit shall be granted to such applicant until the applicant complies with §§ 90-6 and 90-7 of this chapter. If the Town Board shall find that the application contains insufficient provisions to properly safeguard the safety, health, welfare and well-being of persons or property in the Town, it shall deny the application and return the deposit required by § 90-7C of this chapter. The Town shall disapprove or tentatively approve any such application within one month after its receipt.
B. 
In the event that the Town receives more than one timely application that complies with § 90-4 of this chapter and the date or dates recited in such applications indicate that the proposed assemblies are scheduled to occur within two weeks of each other, the Town Board shall conduct a public hearing on all such applications to determine which application, if any, best promotes the safety, health, welfare and well-being of persons and property in the Town. At the conclusion of such hearing, the Town Board shall tentatively approve the application which it determines to be in the best interests of the Town; provided, however, that no permit shall be granted to such applicant until the applicant complies with §§ 90-6 and 90-7 of this chapter. The Town Board shall deny all other applications and return the deposits required by § 90-7C of this chapter.
C. 
Any tentative approval granted pursuant to this section shall be revoked if the applicant fails to comply with all the requirements set forth in §§ 90-6 and 90-7 of this chapter at least one month before the first date of the proposed assembly.

§ 90-6 Approvals for issuance of permit.

[Amended 12-28-1993 by L.L. No. 3-1993]
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 Town 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 Code Enforcement Officer, 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 Sullivan County Highway Department, the New York State Department of Transportation, the Sullivan 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 Sullivan as to the proposed parking area.
D. 
The Planning Board and Town Code Enforcement Officer as to the proposed type, number and location of any sound-producing equipment.
[Amended 9-23-2014 by L.L. No. 1-2014]
E. 
The New York State Health Department and the Town 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 Sullivan 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 Sullivan County and the Fire Coordinator of Sullivan County as to any proposed fire protection system.
H. 
The Planning Board and Town Code Enforcement Officer as to any proposed outdoor lights and signs.
[Amended 9-23-2014 by L.L. No. 1-2014]
I. 
The New York State Health Department and the Town Health Officer as to any proposed facilities for emergency medical or nursing treatment.
J. 
The Town Code Enforcement Officer and the Planning Board as to any proposed camping or housing facilities.
[Amended 9-23-2014 by L.L. No. 1-2014]
K. 
The local civil defense director indicating that he has been advised of the event and has approved the plan from a civil defense standpoint.
L. 
The county sheriff, state police, New York State Department of Transportation or other law enforcement agency certifying that the traffic control plan is satisfactory.

§ 90-7 Additional conditions; insurance; deposit.

[Amended 8-18-1990 by L.L. No. 2-1990; 12-28-1993 by L.L. No. 3-1993]
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 $50,000,000 for bodily injury or death and 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 or the conduct of the assembly. Such policy shall be noncancellable without 10 days' prior written notice to the Town. The applicant shall also furnish the Town with a written hold-harmless agreement to the Town for any loss or damage above and beyond insurance coverage.
C. 
No permit shall be issued unless the applicant shall deposit with the Town Clerk cash in a sum as set from time to time by resolution of the Town Board to secure the applicant's performance of all the items set forth in the applicant's petition submitted pursuant to § 90-4 of this chapter and the responsibilities imposed upon the applicant by this chapter and all other applicable laws and regulations. Such deposit shall be deposited in an escrow account established by the Town Board for that purpose and shall be released upon a determination by the Town Board that all conditions for which the security has been provided have been satisfied.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Also, original § 46-7, Denial of permit, which immediately followed this subsection, was repealed 12-28-1993 by L.L. No. 3-1993.

§ 90-8 Revocation of permit.

[Amended 12-28-1993 by L.L. No. 3-1993]
If, after a permit is issued, the Town Board, through its lawful agents, determines that any of the items set forth in § 90-4 of this chapter and specified in the applicant's verified petition in support of the application for a permit are 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 set forth in § 90-6 of this chapter is revoked at any time, such permit shall become null and void.

§ 90-9 Fees.

[Amended 8-18-1990 by L.L. No. 2-1990; 12-28-1993 by L.L. No. 3-1993[1]]
The applicant shall pay to the Town an application fee in a sum as set from time to time by resolution of the Town Board at such time as he submits his application to compensate the Town for all costs and expenses incurred by the Town in processing the application, including but not limited to legal, engineering and technical consultant expenses incurred by the Town to review the applications. Such application fee shall not be refundable in whole or in part.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 90-10 Penalties for offenses.

Any person who shall use, allow, let or permit to be used property for the assembly of persons in excess of 10,000 or any person who shall cause the gathering, collecting or congregating of persons in excess of 10,000 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 against such chapter and shall be liable for the penalties provided. A separate offense against this chapter shall be deemed committed on each day during which a violation occurs or continues. A separate penalty may be imposed for each separate offense.
A. 
For each violation of a provision of this chapter, the person violating the same shall be subject to a fine of not more than $1,000 or to imprisonment for not more than one year, or to both such fine and imprisonment.
[Amended 8-18-1990 by L.L. No. 2-1990]
B. 
Any person violating this chapter shall be subject to a civil penalty enforceable and collectible by the Town in the amount of $100 for each offense.
C. 
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 such chapter.