[HISTORY: Adopted by the Town Board of the Town of Schodack 10-12-1990 by L.L. No. 4-1990. Amendments noted where applicable.]
The Town Board of the Town of Schodack is concerned about the effect that outdoor amusements or assemblies involving large numbers of persons shall have on the health, safety and welfare of the residents of the Town of Schodack and of those persons passing through the jurisdiction of the Town of Schodack. The concentration of large groups of persons for outdoor amusements or assemblies shall create problems and demands beyond the capability of the existing municipal services and facilities available in the Town of Schodack, including police and fire protection, the free flow of traffic on public highways, noise and damage and injury to persons and property adjoining the location of such events. The Town Board is also concerned that adequate provision be made for sanitation and sanitary facilities and services; water supply; food service; garbage and refuse collection and disposal; medical, nursing and ambulance service; policing, traffic control, parking facilities and control; and communications systems, all of which are normally subject to governmental regulation and licensing. The Town Board therefore determines that it is necessary for the public order and protection and the safety, health and well being of persons and property within the jurisdiction of the Town of Schodack to adopt and establish certain rules and regulations and to regulate and license the holding of outdoor amusements or assemblies reasonably expected to attract more than 500 persons.
No person, persons, partnerships, association or corporation, or any combination thereof, shall organize, promote, conduct, operate or cause to be operated any outdoor amusement or assembly of persons within the jurisdiction of the Town of Schodack for which said person, persons, partnership, association or corporation or any combination thereof, believes or has reason to believe will attract 500 or more persons unless a permit has first been obtained for the operation of said outdoor amusement or assembly pursuant to this chapter. A separate permit shall be required for each such event.
No owner, lessee, licensee or other person, persons, partnership, association or corporation, or any combination thereof, owning, having any right to or any interest in any real property within the jurisdiction of the Town of Schodack shall license, rent, lease or otherwise permit the use of such real property, or any part thereof, for outdoor amusement or assembly for which said owner, lessee, licensee or other person, persons, partnership, association or corporation, or any combination thereof, believes or has reason to believe will attract more than 500 persons, except pursuant to a special permit issued for such purpose by the Town Board of the Town of Schodack as hereinafter provided.
Written application for a permit for such outdoor amusement or assembly shall be made to the Town Board of the Town of Schodack by filing with the Town Clerk, in triplicate, a verified petition containing the information hereinafter required, at least 60 days prior to the first day upon which such outdoor amusement or assembly is to be held. A determination granting or denying the application for a permit shall be made by the Town Board within 40 days after the application is filed with the Town Clerk. No permit shall be granted unless the applicant fully complies with all of the requirements of this chapter.
The application shall include the following information:
A statement of name, age and residence address of the applicant or of each applicant; or, if the applicant is a corporation, the name of the corporation, the names and addresses of the directors, officers and stockholders owning more than 5% of the number of shares outstanding of each class of stock; or, if the applicant is a partnership or organization, the names, addresses and ages of each and every individual associated with the partnership or other entity. Any address utilizing a post office box must also include the actual residence or business address of the individual, partnership or corporation.
A statement containing the name and address of the record owner of the real property upon which the event(s) is to occur and the nature and interest of the applicant in such property; the proposed dates and hours of such event; the expected minimum and maximum numbers of persons intended to attend the event at any one time and collectively; the expected number of automobiles and other vehicles intended to use the property for such event; the purpose of the function, including the nature of the activities to be carried on and the admission fees to be charged, if any; and the names and addresses of all concessionaires and other persons providing any services or facilities under contract, lease or other arrangement for the event.
A detailed drawing to scale showing the size of the property; the names of 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 other facilities to be erected thereon for the purpose of the event; the placement of the proposed distribution system of water; the location of any parking areas for automobiles or other vehicles and the means of ingress and egress to such parking areas; the location of all service and other roads serving any camping areas, food services, toilet facilities, garbage and refuse collection facilities and the entertainment and performance areas.
A detailed plan, statement and contracts with drawings showing the methods and locations to be used for toilet facilities and for the disposal and treatment of sanitary sewage.
A detailed plan and statement with drawings showing the distribution and supply system for supply, storage and distribution of drinking water.
A detailed plan and statement with drawings showing the layout of parking areas off public roadways for automobiles or other vehicles and the methods of traffic control to be used. Such parking areas shall provide parking space of acceptable size for one automobile for every four persons in attendance or one bus for each 40 persons in attendance.
A detailed plan, contracts, license or permits showing the facilities for the preparation, storage, sale and distribution of food and alcoholic beverages and the means of servicing such area. Such plan shall also detail the method and means of disposing of any garbage, trash, rubbish or other refuse.
A detailed plan and statement fully describing any private security personnel who will be engaged by the applicant to serve on or about the site during the event and the qualifications and source of such personnel. The Town Board may require the applicant to obtain the consent of the zone commander of the New York State Police having jurisdiction over the Town of Schodack as to the capacity and qualifications of the security personnel.
A detailed plan and statement providing for fire protection, specifying the location of fire lanes, water supply and equipment or apparatus to be available for such purpose.
A detailed plan and statement specifying the facilities to be available for medical, nursing and ambulance service. The applicant shall furnish to the Town Board the names and qualifications of all medical personnel the applicant will provide for the event prior to the issuance of a permit.
A detailed plan for use of directional signs, which plan is to be approved in advance of submission of the application by the Town of Schodack Planning Board, which is to provide proper direction to the area location.
[Amended 9-13-2001 by L.L. No. 4-2001]
A statement from local fire and ambulance authorities having jurisdiction over the area verifying that they are aware of the event and are willing to cooperate, if needed.
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 Schodack and its various public bodies. Certificates of such insurance and bonds shall be submitted to the Town Board at least 30 days prior to the commencement date of the event.
A subscribed authorization from the owner of the real property upon which the event is to be held to permit agents of the Town of Schodack to go upon the property for the purpose of inspecting the same to determine if there is compliance with the requirements of this chapter.
A statement subscribed by the applicant that the applicant will specify in all advertisement and promotional endeavors the limitation on the numbers of tickets to be sold or otherwise issued as specified in the permit and that the applicant will neither sell nor otherwise issue tickets at the site while the event is in progress.
Detailed plans for amplifying equipment designed to control the noise level at the perimeter of the site to no more than 70 decibels on the A scale of a sound level meter which meets the specifications of the American National Standards Institute.
A detailed plan indicating all lights other than the permanent building lights and the measures to be taken to prevent any source of exterior lighting from becoming visible across property lines.
A plan showing that the proposed activity is adequately buffered from all residential areas within 500 feet.
A sworn statement by the promoters and/or landowners that no off-site parking will be permitted and that the promoters/landowners are liable for all costs to the Town and property owners in the event off-site parking is used by attendees of the event.
[Added 9-13-2001 by L.L. No. 4-2001]
A sworn statement by both the promoters and landowners that an application under Title 10, Part 18 of the NYCRR for EMS Operational Plans has been made and approved by the state. If the applicant does not fall under the jurisdiction of Part 18, the applicant shall provide to the Town information required by Part 18 for any single event in excess of 250U anticipated attendees.
[Added 9-13-2001 by L.L. No. 4-2001]
If the Town Board of the Town of Schodack shall decide upon a showing of good cause that certain conditions or requirements as hereinbefore set forth shall not be applicable to a particular set of circumstances, then the Board may modify the foregoing requirements on a case-by-case basis. Also, in a unique situation where, in the discretion of the Town Board, it appears that different conditions may be necessary to maintain peace and order or to protect neighboring properties, then such additional or substitute conditions may be imposed by the Board.
No permit shall be issued unless the applicant shall furnish the Town of Schodack 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 for bodily injury or death to one person or $10,000,000 for bodily injury or death in one event, and with 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 granting of the permit and noncancelable without 10 days' prior written notice to the town.
No permit shall be issued unless the applicant shall deposit with the Town Clerk of the Town of Schodack cash or a good surety company bond, approved by the Town of Schodack, in such sum not less than $100,000 as the Town Board may reasonably require and conditioned that all requirements of the permit will be fully performed by the applicant, 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 granting of the permit. Such surety bond or cash shall serve as an indemnity to save and protect the streets, pavements, bridges, road signs and other property of the Town of Schodack from any and all damage that may be caused by vehicles, employees or participants in such event and shall be used, if necessary, to restore the ground where such event is held to a sanitary condition and pay all charges and losses to the town for damages to streets, pavement, bridges and other property and to reimburse the town for any expense necessitated by the event.
The surety company bond shall be canceled or the cash deposit or its balance shall be returned when the Town Board has determined that no such damage has been done and that the town did not incur any additional expense due to said event or that the costs thereof have been paid by the applicant.
If a permit is granted by the Town Board, such permit shall set forth the maximum number of persons to be permitted to attend the event. The Town Board, in determining the maximum limit shall take into consideration the capacity of the site and of available public highways and other means of transportation to and from the site and the available parking and sanitation facilities and water distribution system. The applicant shall limit all ticket sales to such maximum number and shall include such limitation in all advertising. No tickets shall be sold at or near the site of the event during the term of the event.
The Town Board may deny or revoke any such permit if there is a violation of any legislation of the Town of Schodack or law of the State of New York or of the United States of America. The Town Board also may deny the permit for the following reasons:
If any time during the preceding 12 months a permit for a large outdoor amusement or assemblage of persons in the name of the applicant or at the premises described in the application has been revoked.
If the permit application is not complete or does not specify adequate controls to assure compliance with the provisions of this chapter.
If the Town Clerk finds false information in the application.
The permit must be kept on the premises and presented by the applicant for inspection to a police officer of the Town of Schodack, Rensselaer County or New York State, upon request by said officer.
Agents of the State of New York, County of Rensselaer or Town of Schodack may inspect the premises covered by the permit and its environs and, upon finding violations of conditions of said permit, as in § 80-3, may issue a summons for violations of this chapter.
It shall be deemed a violation of this chapter if one or more of the following conditions exist at the time:
That legal parking of cars of those in attendance, as specified in the approved permit application, is not adhered to.
That the control of noise or sound, as specified in the approved permit application, is not exercised.
That the control of lighting, as specified in the approved permit application, is not exercised, and the source of exterior illumination becomes visible across the property lines of the premises upon which the large assemblage is taking place.
That adequate provisions for the collection, storage and disposal of garbage, refuse or debris, as specified in the approved permit application, are not adhered to.
Any person, persons, partnership, association, corporation, landowner, lessee or licensee who shall organize, promote, conduct, operate or cause to be operated an outdoor amusement or assembly of persons within the Town of Schodack for which said person, persons, partnership, association, corporation, landowner, lessee or licensee believes or has reason to believe will attract 500 or more persons without having a written permit in accordance with the provisions of this chapter shall be deemed to have violated this chapter, which violation shall be deemed to be a misdemeanor and, upon conviction, shall be punished by a fine not exceeding $1,000 per individual and not exceeding $5,000 as to a corporation, partnership or association, or imprisonment for a term not to exceed one year, or both such fine and imprisonment. Each occurrence or day of a continuing occurrence shall be deemed a separate violation.
In addition to the penalties above described, the Town Board may also maintain an action or proceeding in the name of the Town of Schodack in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter. The Town Board shall be entitled to use one or more means concurrently for the enforcement of any violation of this chapter.
[Added 9-13-2001 by L.L. No. 4-2001]
By resolution at the beginning of each year, the Town Board shall set a permit fee to be paid by the promoters and owners who apply for permission or who request a waiver from some or all of the provisions of Town Code Chapter 80.