[HISTORY: Adopted Orangetown Town Board 4-13-1970 by Local Law No. 2, 1970. Amendments noted where applicable.]
Be it enacted by the Town Board of the Town of Orangetown as follows:
The Town Board of the Town of Orangetown being concerned for the health, safety and welfare of the residents of the Town of Orangetown and for those persons passing through as transients, visitors or who otherwise are within the jurisdiction of the Town of Orangetown; and the Town Board of the Town of Orangetown being cognizant of the difficulties that have frequently been experienced by other municipalities in the conduct of mass movements or the concentration of persons for the purposes of musical or public entertainment of various designations in, within and at places other than established theaters, auditoriums or other places licensed or permitted for public occupancy; and the Town Board of the Town of Orangetown being aware of the limitations of hospital services, sanitary facilities and shelter available within the Town of Orangetown for such large temporary and migratory groups of persons; and the Town Board of the Town or Orangetown being concerned about provision for suitable sustenance for such large temporary or migratory groups of persons in a concentrated area within the Town of Orangetown: and the Town Board of the Town of Orangetown being concerned about the effect of such large temporary or migratory groups of persons upon local traffic conditions and police facilities within the Town of Orangetown; and the Town Board of the Town of Orangetown being concerned that a substantial portion of such large temporary or migratory groups of persons are minors, not necessarily in the care, control and the custody of suitable adults; and the Town Board of the Town of Orangetown being concerned about the traffic or narcotics, alcoholic beverages and other dangerous drugs among such large groups of persons, either temporarily within or passing through the jurisdiction of the unincorporated areas of the Town of Orangetown; and the Town Board of the Town of Orangetown being aware of the impact of such large temporary and migratory groups of persons upon communities where such groups have congregated in the past for the purpose of mass musical or public entertainment of various designations; have enacted this local law.
No person, group of persons, partnership, association or corporation, or any combination thereof, shall maintain, conduct, promote or operate on any lands or premises within the unincorporated area of the Town of Orangetown, other than in established theaters, auditoriums or other places licensed or permitted for public occupancy as limited by law, any use thereof for the purposes of mass musical or public entertainment of various designations or participation therein including, but not limited to, "pop festival," "rock music festival," "rock festival," "jazz festival," "rock and roll music festival" or such other combinations thereof, except pursuant to a special permit issued therefor by the Town Board of the Town of Orangetown as hereinafter provided.
No owner, lessee, licensee or other person, partnership, association or corporation having any right to, or interest in, any real property within the jurisdiction of the unincorporated area of the Town of Orangetown shall license, rent, lease or otherwise permit the use of such real property, or any part thereof, for the use of mass musical or public entertainment of various designations or participation therein, other than in established theaters, auditoriums, or other places licensed for public occupancy or limited by law, except pursuant to a special permit issued therefor by the Town Board of the Town of Orangetown as hereinafter provided.
The Town Board may issue a special permit herein upon written application made by such person, partnership, association, or corporation or combination thereof, who proposes to maintain, conduct, promote or operate such mass musical or public entertainment or participation therein together with the owner, lessor or licensor who proposes to rent, lease, license or otherwise permit such mass musical or public entertainment or participation therein, all hereinafter designated as applicant.
The applicant shall file a verified application with the Town Clerk of the Town of Orangetown at least 60 days prior to the date or dates upon which such event is to take place.
The application shall state:
The number of persons expected to attend such event and the location thereof.
The date or dates thereof.
The duration of the event.
The means of accommodating the said persons as to:
Shelter (if overnight stay is requested).
Facilities for toilet and other personal sanitary needs for men and women.
Emergency first aid.
Parking of cars, showing the means of ingress, egress and parking areas.
Provision for public safety, guards or special police assisting in the control of traffic and the supervision of those persons attending the event.
The Town Board after public hearing thereon held within 30 days after submission of such application held pursuant to the publication of a notice of hearing published at least once in the official newspaper of the Town at least 10 days prior to such hearing, after considering the application and after causing due investigation and report to it, and after considering the facts and circumstances in the premises, may issue a special permit upon such terms and conditions as it deems necessary and proper to insure the public health, safety and welfare.
The applicant shall post a bond suitable to the Town Board as to amount and surety to insure cleanup and restoration of the area at which such event takes place within 48 hours after the close of the event.
This law shall not be applicable where there are to be less than 1,000 people attending such event and where such event does not exceed a period of more than 12 consecutive hours and provided further that the Orangetown Police Department is notified of said event at least 48 hours in advance thereof by written notice duly receipted by the Orangetown Police Department.
Any person, group of persons, partnership, association, corporation, individually or collectively, who shall violate or aid in, take part in, or assist in the violation of, this law, shall be guilty of an unclassified misdemeanor and upon conviction, be punished by a fine not exceeding $1,000 as to an individual and not exceeding $5,000 as to a corporation. Any individual found guilty under this law shall also be subject to imprisonment for a term not exceeding one year.
Nothing contained herein shall be deemed or construed so as to prevent the enforcement of any other remedy at law, concurrent or otherwise, available to the Town Board or other law enforcement authority to avoid or prevent any violation or attempted violation of this law such as, but not limited to, an injunction or restraining order.
This act is in addition to any other law, ordinance or regulation affecting the subject matter herein and is not in limitation thereof.
The declaration of any portion of this law, by a court of competent jurisdiction, to be invalid shall not invalidate the entire law but only that part thereof so declared to be invalid, and the remainder of the law shall remain in full force and effect.
Any title enumerated under this law is for organization purposes only and shall not be deemed part of the text of this law.
This local law shall take effect immediately upon adoption, publication and posting as required by law.