[HISTORY: Adopted by the Town Board of the Town of Amenia 6-18-1998 by L.L. No. 1-1998. Amendments noted where applicable.]
Loitering — See Ch. 76.
Editor's Note: This chapter was originally adopted as Chapter 102 of the Code; it was renumbered to maintain the alphabetical organization of the Code.
It is the purpose of this chapter to preserve the public peace and good order, to prevent riots and tumultuous assemblages, unreasonably loud or disturbing noises and disorderly, noisy, riotous or tumultuous conduct; and to promote the health, safety and general welfare of the community, consistent with the rights of its citizens and inhabitants and others in the Town of Amenia to peacefully assemble.
This chapter shall regulate the assembly of 350 or more persons at temporary public gatherings.
Notwithstanding the foregoing, this chapter shall not apply to the following:
Unless otherwise expressly stated, the following terms shall, for the purposes of this chapter, have the meanings herein indicated:
- Any person, partnership, association, corporation, client or organization applying for a license under this chapter.
- The gathering, collection or congregating of persons with or without the levy of an admission fee.
- A license issued by the Code Enforcement Officer in accordance with this chapter.
- TEMPORARY OUTDOOR PUBLIC GATHERING
- For the purpose of this section, a temporary outdoor public gathering is an event which is likely to attract 350 or more people at one time.
- The Town of Amenia.
No person shall use, allow, let or permit to be used any property for the assembly of 350 or more persons at temporary outdoor public gatherings unless a license shall have been first obtained from the Town Board.
An application for such license shall be by verified petition addressed to the Town Board and shall be filed personally with the office of the Town Clerk at least 45 days prior to the date upon which the commencement of such assembly is contemplated, unless otherwise waived by the Town Board.
Submissions with application. Such application shall include the following written material:
A statement of the name, age and residence address of the applicant; if an applicant is a corporation or a limited liability company, the name of the corporation and the names and addresses of directors, officers and stockholders owning 10% or more of the number of shares outstanding of each class of stock; if the applicant is a partnership, limited partnership or a limited liability partnership, the names and residence addresses of the general partners; if the applicant does not reside in the County of Dutchess, 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 Dutchess, 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.
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 to use the property at one time and collectively, the expected number of automobiles and other vehicles to use the property at one time and collectively; and the purpose of the function, including the nature of the activity to be carried on and the admission fee to be charged, if any.
If the property or properties on which the public gathering is to be held is being leased or sublet, a statement containing the name and residence, address of such lessees or sublessees and a copy of any lease and/or subleasing agreement(s).
A statement specifying the method of disposing of any garbage, trash, rubbish or other refuse arising therefrom.
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 or persons shall be submitted.
A statement specifying the numbers of private security guards or police to be engaged, including the qualifications and the duties to be performed by such persons. At least one private security guard, crowd control officer or police officer shall be required for every 150 persons in attendance.
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.
A statement specifying the facilities to be available for emergency treatment of any person who might require immediate medical or nursing attention.
There shall be no outdoor camping or sleeping on the ground.
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 statement containing the type, number and location of any radio device, sound amplifier, loudspeaker, sound truck or other similar sound equipment.
A statement specifying whether any outdoor lights or signs are to be utilized and, if so, a map or plan showing the number, location, size, type and luminating power of such lights and signs. No light on any part of the property holding said temporary outdoor public gathering shall be permitted to shine unreasonably beyond the property line of the property. All exterior lights on the property shall be so situated or equipped with shield devices that no unreasonable glow shall shine beyond the property line of the assembly.
A statement that no law, ordinance, rule or regulation applicable to the place of assembly or unenforceable by any governmental authority will be violated and that the regulations of the New York State Department of Labor, Board of Standards and Appeals and Dutchess County Board of Health for places of public assembly will be adhered to.
No license 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.
A license shall be issued for an assembly at a temporary outdoor public gathering only after:
A completed application has been submitted to the Town Board as outlined above.
The site of the proposed temporary outdoor gathering has been inspected and approved by the Code Enforcement Officer in regard to compliance with all laws, codes and ordinances applicable to such site and such gathering.
The applicant has furnished 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 $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.
Where the expected maximum number of persons shall exceed 1,000 persons at any assemblage at a temporary outdoor public gathering, as a condition of the granting of the license, the Town Board may require the licensee to reimburse the town for police protection as may be deemed necessary by the Town Board, on recommendation of the Sheriffs Department, to adequately and safely control and protect the assembly, the assembly area and traffic in and about the area of the assembly. However, the licensee shall not be required to reimburse the town in excess of the actual cost paid by the town for such police protection.
The applicant agrees to abide by such 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.
The applicant has deposited with the Town Clerk of the Town of Amenia cash or a good surety company bond, approved by the Town Board, in a sum not less than $100,000 as the Town Board may reasonably require and conditioned that all requirements of the license 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 license. 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 Amenia 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, pavements, bridges and other property.
The surety company bond shall be canceled or the cash deposit or its balance shall be returned within 30 days 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.
The town may deny the issuance of a license if it shall find that any of the items as set forth in §§ 91-5 and 91-6 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 reasons therefor. In no event shall the town withhold its written approval or denial of a license for a period in excess of 40 days after a full submission to it by an applicant, except by an extension in writing given by the applicant.
If a license is granted by the town, such license shall set forth the maximum number of persons to be permitted to assemble at any one time at the temporary outdoor public gathering. 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.
Each license shall expire after the date or dates for which it is used.
If, after a license 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 license have not been complied with, the Town Board may have the licensee served with a two-day notice of hearing specifying the manner in which the licensee has not complied with the terms of its license, and at such hearing the Town Board, for good cause, may modify or rescind such license, absolutely or upon conditions.
The Town Board is hereby empowered to waive any specific provision of this chapter upon written findings that such provision(s) is/are not required to protect the interests of the town or is not applicable or appropriate to the specific application being considered.
The applicant shall pay to the town at the time the application is submitted a fee of $50 per day for each day of operation.
Any person who shall use, allow, let or permit to be used any property for the assembly of 350 or more persons at a temporary outdoor public gathering or any person who shall cause the gathering, collecting or congregation of persons in excess of 350 at temporary outdoor public gatherings without having a written license in accordance with the provisions of this article shall be guilty of a violation of this article.
A violation of any of the provisions of this article shall be a misdemeanor and shall be punishable as hereinafter provided.
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.
For each violation of this article, the person violating the same shall be subject to a fine of not more than $1,000 or imprisonment not to exceed three months, or both such fine and imprisonment.
In addition to the penalties above described, the Town Board may also maintain an action or proceeding in the name of the Town of Amenia 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 violations of this chapter.
Within three days from the date of the termination of the assembly at the temporary outdoor public gathering, all trash, paper, garbage and other waste material generated by such assembly shall be completely removed from the premises in a safe, clean and sanitary manner. If after one week the area does not pass a reasonable inspection by the Code Enforcement Officer, the town shall have the area cleaned using the surety for payment as needed.