No person shall use, allow, let or permit to be used property for the
assembly of persons for temporary outdoor public gatherings in excess of 250
persons at each gathering unless a 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 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 applicant is a corporation, the name of the corporation
and the names and addresses of directors, officers and stockholders owning
5% or more of the number of shares outstanding of each class of stock; if
the applicant does not reside in the County of Orange, 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 Orange, 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 of the 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 time
and collectively; the expected number of automobiles and other vehicles intended
to use the property at one 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 parking space for every
four 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 or 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 $500,000
to $1,000,000 for bodily injury or death and limits of not less than $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
1,000 persons at any assemblage, as a condition of the granting of the permit,
the Town Board may require the permittee to reimburse the Town 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 in excess of the actual cost paid by the Town for such
police protection, and in no event for more than two police officers for the
first 1,000 persons of the assembly nor for more than one police officer for
each additional 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 § 115-6 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 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 assemble at any
one time. 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.
In case of entertainment, the applicant shall limit all ticket sales for each
performance or series of performances for which admission will be granted
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 Subsection A of § 115-6 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 such 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 $25 per day for each day of operation.
A.
Any person who shall use, allow, let or permit to be
used property for the assembly of persons in excess of 250 for temporary outdoor
public gatherings or any person who shall cause the gathering, collecting
or congregating of persons in excess of 250 for temporary outdoor public gatherings
without having a written permit in accordance with the provisions of this
article shall be guilty of a violation of this article.
B.
A violation of any of the provisions of this article
shall be a misdemeanor, and shall be punishable as hereinafter provided.
C.
A separate offense against this article shall be deemed
committed on each day during or on which a violation occurs or continues.
A separate penalty may be imposed for each separate offense.
D.
For each violation of this article, the person violating
the same shall be subject to a fine of not more than $500 or imprisonment
not to exceed one year, or to both such fine and imprisonment.
