[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.
A.
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.
B.
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.
A.
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.
B.
Application procedure.
(1)
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.
(2)
The application shall state:
(a)
The number of persons expected to attend such event
and the location thereof.
(b)
The date or dates thereof.
(c)
The duration of the event.
(d)
The means of accommodating the said persons as to:
[1]
Food.
[2]
Shelter (if overnight stay is requested).
[3]
Facilities for toilet and other personal sanitary
needs for men and women.
[4]
Emergency first aid.
[5]
Parking of cars, showing the means of ingress, egress
and parking areas.
[6]
Provision for public safety, guards or special police
assisting in the control of traffic and the supervision of those persons
attending the event.
C.
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.
D.
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.
