[HISTORY: Adopted by the Board of Trustees
of the Village of Waterloo 5-14-1984 by L.L. No. 1-1984 as Ch. 66
of the 1984 Code. Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Public Assemblies Law of the Village of Waterloo, New York."
In order to preserve the public peace and good
order, to prevent riots and tumultuous assemblages, unreasonably loud
or disturbing noises or 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 in the Village of Waterloo to peacefully assemble, this
chapter is enacted.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 250 or more persons are expected
to congregate in the Village of Waterloo. This chapter shall not be
construed to apply to outdoor religious services, political rallies,
drive-in theaters, the Waterloo Central School District or other government
entities.
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 construction that is safe and stable and includes among
other things tents, stadiums, amphitheaters and other similar facilities.
The furnishing of entertainment for a period of 30 days or
less where the audience is not contained in an enclosed structure
or building.
No person shall use or allow, let or permit
to be used property for the assembly of persons for temporary outdoor
entertainment in excess of 250 persons at each performance unless
a written permit shall have been obtained from the licensing officer.
A.
Application for such permit shall be by verified petition
addressed to the Board of Trustees and shall be filed personally with
the office of the Village Clerk-Treasurer at least 21 days, if possible,
prior to the date upon which the commencement of such assembly is
contemplated.
B.
Such application shall include the following written
material:
(1)
A statement of the name, age and residence address
of the applicant; if the 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; and if the applicant does not reside in the
County of Seneca, 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 Seneca and who shall be authorized to and shall agree by
verified statement to accept notices or summonses issued with respect
to violations of any laws, ordinances, rules or regulations.
(2)
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 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.
(3)
A map showing the size of the property, the zoning
district in which it is located, the streets or highways abutting
said property and 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.
(4)
A plan or drawing showing the method to be used for
the disposal of sanitary sewage.
(5)
A plan or drawing showing the method to be used for
the supply, storage and distribution of water.
(6)
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.
(7)
A statement specifying the method of disposing of
any garbage, trash, rubbish or other refuse arising therefrom.
(8)
If a person other than the person applying for the
permit will be engaged in the sale and distribution of food and beverages,
the name and address of such person shall be submitted.
(9)
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.
(10)
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.
(11)
A statement specifying the facilities to be available
for emergency treatment of any person who might require immediate
medical or nursing attention.
(12)
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.
(13)
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 Village with written authorization to permit the Village
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 Village 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 Village as an additional insured
and shall be noncancelable without prior written notice to the Village.
C.
Where the expected maximum number of persons shall
exceed 1,000 persons at any performance, as a condition of the granting
of the permit the licensing officer may require the permittee to reimburse
the Village for such police protection as may be deemed necessary
by the licensing officer 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 Village in excess of the actual cost paid by the Village for such
police protection, and in no event for more than two police officers
for the first 1,000 persons of the assembly or for more than one police
officer for each additional 1,000 persons of the assembly.
D.
The licensing officer may issue a permit upon such
other conditions, including a bond to insure compliance with any conditions
the licensing officer may impose, as the Village 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
Village.
A.
The licensing officer may deny the issuance of a permit if he or she shall find that any of the items as set forth in § 81-6 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 licensing officer withhold his or her written approval or denial of a permit for a period in excess of 10 days after a full submission to the licensing officer by an applicant, except by an extension, in writing, given by the applicant.
B.
If a permit is granted by the licensing officer, such
permit shall set forth the maximum number of persons to be permitted
to attend the event. The licensing officer, 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 licensing officer 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 licensing officer may serve upon the permittee's agent for the service of process as appointed pursuant to Subsection B(1) of § 81-6 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 which hearing the licensing officer, for good cause, may modify or rescind such permit, absolutely or upon conditions.
[Amended 7-12-1999 by L.L. No. 3-1999]
The applicant shall pay to the Village at the
time the application is submitted a fee as established from time to
time by resolution of the Board of Trustees. One-half of the fee shall
be refunded if a permit is not issued.
A.
Any person who shall use or allow, let or permit to
be used property for the assembly of persons in excess of 250 for
temporary outdoor entertainment or any person who shall cause the
gathering, collecting or congregating of persons in excess of 250
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 $1,000 or imprisonment
not to exceed one year, or both such fine and imprisonment.
[Amended 7-12-1999 by L.L. No. 3-1999]
