[HISTORY: Adopted by the Town Board of the Town of Collins
as Ch. 18 of the 1987 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Parks — See Ch. 228.
This chapter shall be known and may be cited as the "Special
Events Law of the Town of Collins."
This chapter is enacted to promote peace, good order and public
safety for special events which are primarily outdoors attracting
a large number of people in the Town of Collins, outside the Village
of Gowanda.
The following special events shall be covered by this chapter,
including, but not limited to, amusement parks, circuses, carnivals,
outdoor theaters, athletic contests or exhibitions (excluding those
conducted in Town parks), outdoor concerts (excluding those conducted
in Town parks), flea markets, garage sales, and all similar amusements
for money or hire.
As used in this chapter, the following terms shall have the
meanings indicated:
An indoor or outdoor casual sale by three or more individuals
of personal property.
A gathering of people out of doors, which is likely to attract
a large number of people, that is, over 250 persons.
The casual sale of personal property, including, but not
limited to, used furniture, appliances, furnishings, clothing, bric-a-brac,
antiques, toys, tools and similar items used about a household or
person, other than by auction or the sale of the entire contents of
a household. No license shall be required if the garage sale is conducted
by less than three individuals nor more than three times per year
on the same premises. If over three times per year on the same premises,
a special event license shall be required even if the number expected
to attend is less than 250 persons.
No special event shall be conducted or carried out in the Town
of Collins, outside the Village of Gowanda, without first obtaining
a special event license from the Town of Collins.
A.
Special events other than flea markets. An application, in writing,
by the operator shall be filed with the Town Clerk containing the
following information:
(1)
Name of operator or promoter.
(2)
Location of special event.
(3)
Date(s) of special event.
(4)
Type of special event.
(5)
Off-street parking (required).
(6)
Insurance coverage.
(7)
Emergency medical services available.
(8)
Crowd control measures planned.
(9)
Whether overnight camping is involved.
(10)
Names of adjoining property owners and occupants.
(11)
Sanitary facilities planned (Erie County Health Department approval
required).
(12)
District where event is to take place.
(13)
Whether the Erie County Sheriff's Department has been notified
for traffic control.
(14)
Number of people expected to attend event.
A.
Special event other than flea markets.
(1)
The Town Clerk, upon review of application, shall determine if the
issuance of special event license will promote the peace, good order
and public safety in the Town of Collins and to adjoining neighbors.
(2)
No special event license shall be issued in area zoned residential in Chapter 305, Zoning, of the Code of the Town of Collins, except garage sales.
(3)
Denial of license. The Town Clerk shall examine the qualifications
of any applicant for a license or renewal thereof and shall have the
right to deny the issuance or renewal thereof for any of the following
reasons:
(a)
Misrepresentation or materially false information in the application.
(b)
Prior conviction of the applicant for a misdemeanor or felony.
(c)
Revocation of a prior license similar to that for which application
is being made.
(d)
Noncompliance with the laws, ordinances, rules or regulations
of the state, county or Town.
(e)
A recommendation of disapproval by any authority to whom the
application is referred.
(f)
Will not promote the peace, good order, and public safety in
the Town.
B.
Special event; flea market. The Town Clerk on review of a flea market
application must consider whether there is an adequate parking area,
the premises will be cleaned up after the flea market, that all sales
areas are at least 25 feet off the highway right-of-way and sales
will only be conducted between 8:00 a.m. and 4:00 p.m. No special
event license: flea markets shall be issued in areas zoned residential.
C.
Fee. Upon approval, the Town Clerk shall issue a special events license
upon receiving a fee as set from time to time by the Town Board. The
Town Clerk shall also note any conditions on the license that he or
she shall require. In case of refusal, an appeal may be taken to the
Town Board pursuant to Town Law § 137.[1]
A license issued under this chapter may be revoked pursuant
to the provisions of Town Law § 137.
No license issued hereunder shall be transferable.
The Code Enforcement Officer shall enforce the provisions of
this chapter. The Code Enforcement Officer shall have the authority
to issue and serve an appearance ticket, as defined in the Criminal
Procedure Law § 150.10, to violators of the provisions of
this chapter. Such appearance ticket shall be returnable in the Justice
Court of the Town of Collins.
Any person violating any provision of this chapter shall be punishable as provided in § 1-3 of the Code of the Town of Collins.
