[HISTORY: Adopted by the Town Board of the Town of Manlius 3-13-1991
as Ch. 166 of the 1991 Code. Amendments noted where applicable.]
In order to preserve the public peace and good order, to prevent riots
and tumultuous assemblages, unreasonably loud or disturbing noises, disorderly,
noisy, riotous or tumultuous conduct and to promote the health, safety, morals
and general welfare of the community consonant with the rights of its citizens
and inhabitants and others to peacefully assemble, this chapter is enacted.
This chapter shall regulate the assembly of persons at temporary outdoor
public gatherings for the furnishing of live entertainment or the amplification
of music through electronic means, whether recorded or live, where one hundred
(100) or more persons are expected to congregate.
Unless otherwise expressly stated, the following terms shall, for the
purposes of this chapter, have the meanings herein indicated:
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.
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 furnishing of entertainment for a period of thirty (30) days
or less where the audience is not contained in an enclosed structure or building.
No person shall use, allow, let or permit to be used property for the
assembly of persons for temporary outdoor entertainment in excess of one hundred
(100) persons at each performance unless written permit 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 personally with the office of the Town
Clerk at least twenty-one (21) days prior to the date upon which the commencement
of such assembly is contemplated, unless otherwise waived by the Town Board.
Such application shall include the following written material:
A.
A statement of the name, age and residence address of
the applicant; if the applicant is a corporation, the name of the corporation,
the names and addresses of directors, officers and stockholders owning five
percent (5%) or more of the number of shares outstanding of each class of
stock; if the applicant does not reside in the County of Onondaga, the name
and address of an agent who shall be a natural person and shall reside or
have a place of business in the County of Onondaga 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, ordinances, rules or regulations.
B.
A statement containing the name and address of the record
owner of the subject property or properties 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 (1)
time and collectively; the expected number of automobiles and other vehicles
intended to use the property at one (1) 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.
C.
A map showing the size of the property; the zoning district
in which it is located; 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 purpose
of the assembly.
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.
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 (1) parking space for
every four (4) persons in attendance.
G.
A statement specifying the method of disposing of any
garbage, trash, rubbish or other refuse arising therefrom.
H.
If a person other than the person applying for the permit
will be engaged in the sale and distribution of food and beverage, the name
and address of such person shall be submitted.
I.
A statement specifying whether any private security guards
or police will be engaged and, if so, the number thereof and the duties to
be performed by such persons.
J.
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.
K.
A statement specifying the facilities to be available
for emergency treatment of any person who might require immediate medical
or nursing attention.
L.
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.
M.
A statement that no soot, cinders, smoke, noxious acids,
fumes, gases or unusual odors or loud or excessive noises shall be permitted
to unreasonably emanate beyond the property line of the assembly.
A.
No permit shall be issued unless the permittee shall
furnish the town with written authorization to permit the town or its lawful
agents to go upon the subject 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, issued by
a company duly licensed by the State of New York, insuring the applicant against
liability for damage to persons or property with limits of not less than five
hundred thousand/one million dollars ($500,000./$1,000,000.) for bodily injury
or death and limits of not less than one hundred thousand dollars ($100,000.)
for property damage, which said policy shall name the town as an additional
insured and shall be noncancelable without prior written notice to the town.
C.
Where the expected maximum number of persons shall exceed
one thousand (1,000) persons at any performance as a condition of the granting
of the permit, the Town Board may require the permittee to reimburse the Town
of Manlius for such police protection as may be deemed necessary by the Town
Board to adequately and safely control and protect the assembly, the assembly
area and traffic in and about the area of the assembly. However, the permittee
shall not be required to reimburse the Town of Manlius in excess of the actual
cost paid by the town for such police protection and in no event for more
than two (2) police officers for the first one thousand (1,000) persons of
the assembly, nor for more than one (1) police officer for each additional
one thousand (1,000) persons of the assembly.
D.
The town may issue a permit upon such other conditions
as the town may reasonably impose to ensure compliance with this chapter and
for the general protection of the health, safety and welfare of the persons
and property in the town.
A.
The town may deny the issuance of a permit if it shall find that any of the items as set forth in § 48-6 of this chapter are insufficient to properly safeguard the safety, health, welfare and well-being of persons or property. The denial shall be in writing and shall set forth the reason therefor. In no event shall the town withhold its written approval or denial of a permit for a period in excess of ten (10) days after a full submission to it by an applicant, except by an extension, in writing, given by the applicant.
B.
If a permit is granted by the town, such permit shall
set forth the maximum number of persons to be permitted to attend the event.
The town, in determining such maximum limit, shall take into consideration
the capacity of the site, the facilities to be available and the availability
of public highways and other means of transportation to and from the site.
The applicant shall limit all ticket sales to such maximum number and shall
include such limitations in all advertising.
C.
Each permit shall expire at the end of the calendar year
in which it is issued.
If after a permit is issued the Town Board determines that any of the representations and/or statements contained in the application or any of the conditions of the permit have not been complied with, the Town Board may serve upon the permittee's agent for the service of process as appointed pursuant to § 48-6A hereof a two-day notice of hearing specifying the manner in which the permittee has not complied with the terms of its permit and at which hearing the Town Board, for good cause, may modify or rescind such permit, absolutely or upon conditions.
The applicant shall pay to the town at the time the application is submitted
a fee of twenty-five dollars ($25.) where the maximum number of persons to
assemble shall be two hundred fifty (250) persons or less, fifty dollars ($50.)
between two hundred fifty (250) and not over one thousand (1,000) persons
and one hundred dollars ($100.) in excess of one thousand (1,000) persons.
One-half (1/2) of the fee shall be refunded if a 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 one hundred (100) for
temporary outdoor entertainment or any person who shall cause the gathering,
collecting or congregating of persons in excess of one hundred (100) in public
places for temporary outdoor entertainment without having a written permit
in accordance with the provisions of this chapter shall be guilty of a violation
of this chapter.
B.
A violation of any of the provisions of this chapter
shall be a misdemeanor and shall be punishable as hereinafter provided.
C.
A separate offense against this chapter shall be deemed
committed on each day during or on which a violation occurred or continues.
A separate penalty may be imposed for each separate offense.
D.
For each violation of this chapter, the
person violating the same shall be subject to a fine of not more than five
hundred dollars ($500.) or imprisonment not to exceed one (1) year, or to
both such fine and imprisonment.
