[HISTORY: Adopted by the Board of Trustees
of the Village of Warwick 1-18-2022 by L.L. No. 1-2022.[1]Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 39,
Assemblies, Public, adopted 6-14-1976 as
Article XXVI of L.L. No. 7-1976.
The Board of Trustees, in order to promote proper government
and ensure the proper protection, order, conduct, safety, health,
welfare and well-being of persons and property within the Village
of Warwick, Orange County, New York, finds that it is in the public
interest to enact this chapter pursuant to the provisions of § 4-412
of the Village Law of the State of New York. This chapter shall regulate
the assembly of persons where such assembly exceeds 200 persons on
property owned by the Village of Warwick, including but not limited
to buildings, parkland, park facilities, parking lots, and streets.
Unless otherwise expressly stated, the following terms shall,
for the purpose of this chapter, have the meanings herein indicated.
Words used in the present tense include the future, the singular number
includes the plural, and the masculine shall include the feminine:
The gathering or collecting or congregating of persons on
property owned by the Village of Warwick, including but not limited
to buildings, parkland, park facilities, parking lots, and streets,
with or without the levy of an admission fee, for a common purpose,
such as, but not limited to, sports events, circuses, carnivals, festivals,
music festivals or religious observances.
The gathering or collecting or congregating of persons in
excess of 200 persons, either at any one time or in the aggregate
over time, at any place within the Village, with or without the levy
of an admission fee, for a common purpose.
A structure wholly or partially enclosed with exterior walls
and a roof, of permanent or temporary nature, affording shelter to
persons, animals or property.
Permissive.
Any individual, firm, company, association, society, corporation
or group.
Mandatory.
A combination of materials to form a construction that is
safe and stable and includes, among other things, stadiums, stages,
prop forms, radio towers, sheds, storage bins, tents, billboards,
space signs, bleachers, ramps and seats.
A.
No person
shall use, allow, let or permit to be used property owned by the Village
of Warwick for the assembly of persons in excess of 200 persons, nor
shall any person use, allow, let or permit to be used property owned
by the Village of Warwick for any part or portion of such assembly
of persons which total assembly in the aggregate is in excess of 200
persons, unless upon written permit authorizing such use and assembly
issued by the Board of Trustees through the Village Clerk.
B.
Application
for such permit shall be by verified petition on forms to be furnished
by the Village, addressed to the Board of Trustees and filed with
the Village Clerk at least 90 days prior to the date upon which such
use and assembly shall occur. The Board of Trustees shall act upon
the complete application within 30 days after its submission. Such
application shall include the following information:
(1)
A statement
of the name and residence address of the applicant; if the applicant
is a corporation, the name of the corporation and the names and addresses
of its directors and officers; the applicant must reside within the
Town of Warwick, who shall be authorized to and shall agree to a verified
statement to accept notices or summonses issued with respect to the
application or the conduct of the assembly or use in any manner involving
it arising out of the application, construction or application of
this chapter.
(2)
A statement
containing the expected maximum number of persons intended to use
the property at one time and collectively; the expected number of
automobiles and vehicles intended to use the property at one time
and collectively; and the purpose of the assembly and use, including
the nature of the activity to be carried on and the admission fee
to be charged, if any.
(3)
A detailed
map showing the location of the event, including any structures to
be erected for the purpose of the assembly.
(4)
A plan
drawn to scale showing the layout of any parking area for motor vehicles,
including disability parking spots and the means of egress from and
ingress to such parking area.
(5)
A statement
containing the type, number and location of any sound amplifier or
loudspeaker or sound truck, or other similar sound equipment.
(6)
A statement
specifying whether food or beverage is intended to be prepared, served
or distributed. If food or beverages are intended to be prepared,
sold or distributed, a statement specifying the method of preparation
and distribution of such food or beverage, such as food trucks or
open grills, and the method of disposing of garbage, trash, rubbish
or any other refuse arising therefrom. If food or beverage is to be
prepared, sold, and distributed, a plan or drawing to scale must be
attached to the application showing the buildings or other structures
from which the food or beverages shall be prepared, sold or distributed.
(7)
A statement
specifying that the Warwick Police Department, Warwick Fire Department,
and Warwick EMS have been notified of the event, including any recommendations
from the aforesaid Departments.
(8)
A statement
specifying whether any outdoor lights or signs are to be utilized
and, if so, a map showing the number, location, size, type of such
lights and signs.
(9)
A statement
specifying whether any camping or housing facilities are to be available,
and, if so, a plan drawn to scale showing the intended number and
location of the same.
(10)
A
statement specifying the contemplated duration of assembly and use.
(11)
If
the assembly and use are to continue from one day into another, a
statement specifying the camping or housing facilities available or
to be made available on the premises.
C.
No permit
shall be issued unless it is clearly shown that all of the following
are provided for and approved, in writing, by the Orange County Health
Department and the Board of Trustees of the Village of Warwick:
(1)
A permit
is required from the Orange County Department of Health when offering
or selling any food to the public. It is the applicant's responsibility
to contact the Orange County Department of Health to obtain necessary
permits. Contact the Orange County Department of Health for further
information.
(2)
Toilet
facilities adequate for the capacity of the assembly or use, including
use by persons with disabilities. Portable toilet facilities shall
be located as to be conveniently available and must be adequately
maintained.
(3)
Adequate
facilities and arrangements for safe, clean disposal of solid waste,
garbage and trash.
(4)
Adequate
off-street and off-road facilities for the contemplated number of
people attending the assembly or use, including parking for persons
with disabilities. Parking space shall be provided for at least one
car for every four persons in attendance.
D.
No permit
shall be issued unless the applicant shall furnish the Village with
a comprehensive liability insurance policy insuring the Village against
liability for damage to persons or property with limits of not less
than $500,000/$1,000,000 bodily injury or death, and limits of not
less than $500,000 for property damage, sufficient to save the Village
harmless from any liability or cause of action which might arise by
reason of the granting of the permit, and not cancellable without
10 days' prior written notice to the Village. The applicant shall
further provide a security deposit of $500 with the Village to ensure
the removal of trash and other waste material as hereinafter provided,
which deposit shall be returned to the applicant within 30 days from
the date of termination of the assembly after deduction therefrom
of all expenses caused by the applicant's not complying to remove
said trash and other waste material.
E.
Within 48
hours from the date of the termination of the assembly, trash, paper,
garbage and other waste material shall be completely removed from
the premises in a safe, clean and sanitary manner.
F.
Any permit
issued may be revoked by the Board of Trustees through the Village
Clerk if at any time it should be determined that the applicant has
failed to provide the facilities as specified in the application,
or that the setting up of the facilities provided for in the application
cannot be reasonably accomplished within the time or date set for
the assembly or use.
Each application shall be accompanied by a fee at the time of its submission as set forth in Chapter 63, Fees. The fee shall compensate the Village for its examination and processing of such application and shall not be refundable in whole or in part.
A.
Any person
who shall use, allow, let or permit to be used Village of Warwick
owned property for the assembly of persons in the excess of 200, or
shall use, allow, let or permit to be used Village of Warwick owned
property for any part or portion of such assembly, which total assembly
in the aggregate is in excess of 200 persons, or any person who shall
cause the gathering, collecting or congregating of persons in excess
of 200 on Village of Warwick owned property without first obtaining
a written permit, in accordance with the provisions of this chapter,
shall be deemed to have violated this chapter and committed a misdemeanor
against the chapter and shall be liable for the penalties provided.
Any person who commits or permits any act in violation of any provision
of this chapter shall be deemed to have violated this chapter and
committed a misdemeanor against the chapter and shall be liable for
the penalties provided.
B.
For each
violation of the provisions of this chapter, the person violating
the same shall be subject to a fine of not more than $1,000 nor less
than $100 or imprisonment not to exceed one year, or to both such
fine and imprisonment.
C.
In addition
to the above-provided penalties, the Board of Trustees may maintain
an action or proceeding in the name of the Village in a court of competent
jurisdiction to compel compliance with this chapter or to restrain
by injunction the violation of such chapter, and in such action or
proceeding the Village shall be entitled to recover the attorneys'
fees incurred in prosecution of the same.
