[HISTORY: Adopted by the Town Board of the Town of Chatham 3-21-2013 by L.L. No.
1-2013.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 108.
Consultant review fees — See Ch. 138.
Zoning — See Ch. 180.
[1]
Editor's Note: This local law also repealed former Ch.
72, Assemblies, Public, adopted 4-23-1970 by L.L. No. 1-1970.
The purpose of this chapter is to protect the public health,
welfare, safety, peace and tranquility by regulating mass gatherings
or public assemblages within the Town.
As used in this chapter, the following words and terms shall
have the indicated meanings:
Water provided for human consumption, food preparation, or
for lavatory, culinary, bathing or laundry purposes.
One which is likely to attract 300 people or more at any
one time, shall occur over a period of time longer than eight hours
and which is commercial in nature or for which an admission price
or donation is expected or requested for attendance, participation
or the provision of goods and/or services.
Except as otherwise provided in this chapter, the Code Enforcement
Officer of the Town of Chatham.
Any individual, group of individuals, partnership, firm,
corporation, association, political subdivision, government agency,
municipality, industry, estate or any legal entity whatever.
All putrescible and nonputrescible solid waste, including
but not limited to garbage, rubbish, ashes, incinerator residue, street
cleanup, dead animals, offal and solid commercial waste.
Excreta and the waste from a flush toilet, bath, sink, lavatory,
dishwashing or laundry machine, or the water carried away from any
other fixture or equipment or machine.
The Town of Chatham.
A.
The requirements of this chapter shall apply to any mass gathering
of 300 people or more at any one time, shall occur over a period of
time longer than eight hours and which is commercial in nature or
for which an admission price or donation is expected or requested
for attendance, participation or the provision of goods and/or services,
except:
(1)
Functions sponsored by the Chatham School District related to an
educational activity;
(2)
Functions sponsored at Town parks by the Town; and
(3)
Functions which would otherwise require a permit under this chapter
but which have already occurred at least once prior to the enactment
of this chapter and which possess a certificate of preexistence issued
by the Code Enforcement Officer.
B.
In addition to the permit required herein, the applicant shall also be required to obtain site plan approval in accordance with the process and procedure set forth in the Town Code of the Town of Chatham § 180-17.
C.
The Planning Board shall conduct a public hearing for the mass gathering
permit following the receipt of a complete application and contemporaneous
with the site plan application public hearing. Notice of such public
hearing shall be published in the official Town newspaper at least
once no less than 10 days and not more than 30 days prior to the public
hearing. The applicant shall mail a copy of such notice of the public
hearing, certified return receipt requested, to all landowners owning
parcels within 500 feet of the boundaries of the parcel on which the
event shall occur, no less than 10 days and not more than 30 days
prior to the public hearing.
A.
No person shall hold or promote, by advertising or otherwise, a mass
gathering unless a permit has been issued for the gathering by the
permit-issuing official. No person shall use, allow, let or permit
to be used property for a mass gathering as defined herein unless
and until the written permit authorizing such use and assembly has
been issued by the Town Planning Board. A permit may be issued in
any zoning district, provided that all requirements hereunder are
met.
B.
Application for such permit shall be by verified application on forms
to be furnished by the Town, addressed to the Planning Board of the
Town, which shall have jurisdiction and authority to review, approve
or deny such application, and shall be filed with the Clerk of the
Planning Board. In no event shall the Town accept an application greater
than one year prior to the proposed mass gathering. The applicant
and the Planning Board shall also comply with all requirements under
the NYS SEQRA.
C.
Separate permits shall be required for each mass gathering. A separate
permit is required for any mass gathering which is separated by more
than 48 hours from a previous mass gathering for which a permit had
been granted. However, applications may be made for more than one
permit within a twelve-month period when the applicant is prepared
to provide the necessary information for each event.
D.
Any permit may be revoked by the permit-issuing official if, after
a public hearing on notice to the permittee, it finds that the mass
gathering for which the permit was issued is maintained, operated
or occupied in violation of this chapter, any other law, or regulation
enacted by the Town of Chatham, the County of Columbia or the Sanitary
Code of the State of New York. A permit may be revoked upon request
of the permittee or upon abandonment of operation.
E.
A permit issued for the operation of a mass gathering shall be kept
on file and made available by the operator and/or permitee on request.
All applicants for a permit to conduct a mass gathering shall
include the following information and must be deemed sufficient by
the Planning Board to appropriately handle the planned event and to
protect the public health, safety and welfare:
A.
The name, residence, mailing address and telephone number and state
driver's license number of the applicant; a statement of the
applicant's legal status, such as individual, partnership, corporation,
etc.; and whether the applicant has ever been convicted of a felony
or misdemeanor. If the applicant is a partnership, state the name,
residence, mailing address, telephone number of each partner and the
partnership EIN (employer identification number); and if a corporation,
the names and addresses of all corporate officers and directors, together
with a certified copy of the articles of incorporation, a list of
the names and addresses of all persons directly in charge of the activity
and the corporate EIN (employer identification number). In the event
the applicant is other than the landowner, all information shall be
required from the landowner together with written permission from
the landowner with regard to the event.
B.
A statement of qualifications discussing the applicant's experience
in planning and implementation of prior events. The Planning Board
shall have the authority to deny or impose conditions of approval
for any event in which it shall determine that due to the prior history
or qualifications of the applicant it appears that the applicant is
unable or unwilling to comply with the requirements hereunder.
C.
The location and best available description of the property where
the activity is proposed, including all lands to be used directly,
indirectly or incidental to the proposed activity or any part thereof,
attaching to the application certified copies of documents disclosing
the nature of the interest of the applicant relating to such property.
If such interest is a leasehold, a copy of such lease shall be attached.
D.
The date or dates and the hours during which the activity is to be
conducted, and the total time period of such activity.
E.
The program and plans of the activity in its entirety, with particular
emphasis on the following:
(1)
Detailed plans for parking facilities off public roadways able to
serve all reasonably anticipated requirements at a rate of up to 100
passenger cars per acre or 30 buses per acre.
(2)
Detailed plans for transportation arrangements from noncontiguous
parking facilities to the site to fully serve all reasonably anticipated
requirements, including a statement from the New York State Police,
the Columbia County Sheriff and the Village of Chatham Police certifying
that the traffic control plan associated with the event is satisfactory.
The transportation plan shall be reviewed and approved by the Town
Highway Superintendent, who shall have the authority to require a
restoration bond to repair and restore any Town road or drainage facility
damaged as a result of the event. If the Highway Superintendent shall
require such bond, the placing of same, along with the amount thereof,
shall be a condition of approval if same is granted by the Planning
Board.
(3)
An outline map of the area to be used, to an appropriate scale, showing
the location of all areas of assemblage, including separate overnight
camping areas for sleeping and emergency access and egress roads.
(4)
The total number of persons permitted at the event, including performers,
staff members and audience, which shall be determined by providing
a net assembly area of at least 150 square feet per person in addition
to providing at least 150 square feet per person in a separate camping
area for 50% of the population with a minimum usable area of at least
five acres. Parking areas shall not be included in such square footage
calculation.
(5)
A plan for controlling unauthorized admittance, including methods
of entering the area, number and location of ticket booths and entrances,
and provisions for keeping non-ticket holders out of the area.
(6)
A detailed plan for use of signs to locate all facilities and roadways.
(7)
A firesafety plan detailing efforts and plans to avoid and suppress
fires, including but not limited to brush and grass management, campfire
management, and on-site fire-suppression measures. The applicant shall
obtain a statement from local fire authorities having jurisdiction
over the area, verifying that the firesafety plan and other facilities
available to such mass gathering are suitable to provide adequate
fire-safety and that they are aware of the event and are willing to
cooperate if needed.
(9)
A statement from the Columbia County Director of Emergency Preparedness
indicating that he/she has been advised of the event and has approved
the plan from an emergency preparedness standpoint.
(10)
A command post to be used by on-site security personnel, local, county
and state police, Department of Health personnel or the permit-issuing
official and his/her lawful representatives, or both, consisting of,
at a minimum, a specific location equipped with a communication system
satisfactory to the permit-issuing official.
(11)
Detailed plans for security enforcement, including prevention of
the unlawful use of alcohol, narcotics and dangerous drugs at the
site, methods for limiting the use of the proposed function to the
number of participants for which the facilities are designed, and
external as well as internal crowd control, including sufficient guards
for crowd control and security enforcement.
(12)
A restoration plan detailing the manner in which the site shall be
restored after the completion of the event, including but not limited
to grading, seeding, and removal of structures. The restoration plan
shall be reviewed and approved by the Planning Board, which shall
have the authority to require a restoration bond to complete the restoration
of the site. If the Planning Board shall require such bond, the placing
of same, along with the amount thereof, shall be a condition of approval
if same is granted by the Planning Board.
(13)
A utility plan detailing power and other utilities either present
or proposed to be brought to the site through the use of power generators
or direct connections to the power grid. The utility plan shall be
reviewed and approved by the Town Engineer, who shall have the authority
to require a restoration bond to complete the restoration of the site.
If the Town Engineer shall require such bond, the placing of same,
along with the amount thereof, shall be a condition of approval if
same is granted by the Planning Board.
(14)
A water supply plan and a wastewater disposal plan, detailing, respectively,
the manner in which potable water shall be brought to the site and
that same shall be sufficient for the number of attendees and the
manner in which the wastewater and sewerage shall be managed on the
site and that same shall be sufficient for the number of attendees.
The water supply plan and the wastewater disposal plan shall be reviewed
and approved by the Town Engineer, who shall have the authority to
require a bond to fully implement such plans. If the Town Engineer
shall require such bond, the placing of same, along with the amount
thereof, shall be a condition of approval if same is granted by the
Planning Board.
(15)
A food service plan detailing the manner in which food shall be provided
to attendees.
F.
Detailed plans for internal storage and collection of refuse, including
provisions for disposal and cleaning the property and surrounding
properties within 72 hours after the event.
G.
Detailed plans for emergency first aid to include a minimum of two
qualified EMTs, to serve fully all reasonably anticipated requirements.
Such plans shall state the arrangements made with hospitals and ambulances
in the area, including names and locations.
H.
Detailed plans for amplifying equipment designed to control the noise
level at the perimeter of the site to no more than 75 decibels on
the A scale of a sound-level meter, which meets the specifications
of the American National Standards Institute, between the hours of
11:00 p.m. and 8:00 a.m.
I.
Detailed plans for lighting designed to illuminate the public areas
of the site as reasonably required and demonstrating that the lighting
will not reflect on any area beyond the boundary of said site, when
the event is planned to occur after daylight hours.
J.
A plan showing that the proposed activity is adequately buffered
by fencing or other crowd control device from all neighboring homes
within 500 feet of the perimeter of the site.
No permit shall be issued unless the applicant shall furnish
the Town with a comprehensive liability insurance policy insuring
the Town against liability for damage to person or property with limits
of not less than $1,000,000/$2,000,000 for bodily injury or death
and limits of not less an $1,000,000 for property damage, to save
the Town harmless from any and all liability or cause of action which
might arise by reason of the granting of the permit, which policy
shall not be cancelable without 10 days' prior written notice
to the Town and which shall be in effect during the entire period
of the mass gathering, to include setup and takedown. The Planning
Board shall have the authority to require insurance at greater levels
as set forth herein upon a determination that such minimum amounts
are insufficient based upon the size and/or scope of the event. Failure
to keep such policy in effect will result in automatic revocation
of the permit without hearing.
A.
The site shall be provided with adequate interior roads to be kept
clear at all times for service and emergency vehicles and shall be
serviced by access roads which will permit an adequate flow of traffic
and ensure the free passage of emergency vehicles.
B.
Adequate signs shall be provided locating all facilities.
C.
Overnight camping area or areas shall be provided whenever necessary.
D.
The operator of a mass gathering shall prohibit storage of flammable
or volatile liquids or materials in or adjacent to the area of the
gathering.
E.
The permittee shall provide the services and facilities outlined
in the permit application and approved by the permit-issuing official.
F.
Each permittee will notify the County Health Department of any proposed
mass gathering and will submit to a pre-operational inspection by
the County Health Commissioner.
G.
Children under 16 years of age not accompanied by an adult at a mass
gathering shall be provided with adequate and competent adult supervision,
such supervision to be provided by the permittee and exercised by
a supervisor or supervisors present on the property.
H.
The person to whom a permit has been issued to operate or hold a
mass gathering shall provide an individual who is acceptable to the
permit-issuing official as suitable and responsible to be in charge
of the property and who shall be on the property or available while
the property is occupied or open for occupancy.
I.
A person to whom any permit is issued shall comply with the provisions
of this chapter and with all conditions stated in the permit and shall
allow the permit-issuing official or his/her representative to enter
the premises at any reasonable time to ascertain compliance with the
Local Law.
J.
No permittee will sell, or offer for sale, nor allow any other person
to sell, or offer for sale, any alcoholic beverage upon the premises
designated in the permit application during the time period delineated
for such mass gathering unless the permittee shall possess a valid
New York State liquor license for the service of other types of alcohol
on the premises.
K.
Each permittee shall provide for the removal of any temporary structures
erected for use during such mass gathering within one week after the
time specified in the permit application for termination of such mass
gathering. Nothing contained in this subsection will relieve any party
from the requirements of any other law regulating construction of
such temporary structures.
L.
Unless authorized by the Planning Board, no permittee will allow
any person to possess any firearm or other weapon on the premises
of such mass gathering other than a policeman, peace officer or security
personnel otherwise authorized to possess firearms or other weapon.
M.
The permittee shall comply with all federal, state and local laws
and shall pay all required sales or other taxes arising from the event.
A.
Each application shall be accompanied by a fee in the amount set
by the Town Board by resolution from time to time as it deems appropriate,
payable at the time of its submission. A fee shall be compensation
to the Town for its examination and processing of such application
and shall not be refundable in whole or in part.
B.
For the review of plans required hereinunder by the Town Engineer, Attorney, or other consultant or the event that the Planning Board shall deem it necessary to retain the services of a consultant to review the documentation submitted by the applicant, the Planning Board shall have the authority to require the establishment of an escrow account in accordance with the requirements of Chapter 138 of the Town Code of the Town of Chatham.
Any landowner may apply to the Code Enforcement Officer for a certificate of preexistence to obtain an exception to the applicability of this chapter as set forth in § 72-3A(3) hereinabove. The Code Enforcement Officer shall consider all competent proof submitted by the applicant in determining whether to issue such certificate. The certificate of preexistence shall set forth as much information as possible relating to the state of the preexistence, including but not limited to location, area utilized, number of attendees, type of event, duration, and food, water, and septic provision and any other relevant information. Any aggrieved person may appeal the determination of the Code Enforcement Officer to the Zoning Board of Appeals in accordance with the rules, process and procedure set forth in New York State Town Law § 267-a.
A.
Any person who shall use, allow, let or permit to be used property
for a mass gathering as defined herein, or any person who shall promote
or advertise such mass gathering without first obtaining a written
permit in accordance with the provisions of this chapter, shall be
deemed to have violated this chapter. Any person who commits or permits
any act in violation of any provisions of this chapter shall be deemed
to have committed a misdemeanor and shall be liable for the penalties
provided.
B.
For each violation of the provisions of this chapter, the person
violating the same shall be subject to a fine of not more than $1,000
nor less than $100 or imprisonment not to exceed one year, or both.
C.
In addition to the above-provided penalties, the Town may maintain
an action or proceeding in the name of the Town in a court of competent
jurisdiction to compel compliance with or to restrain by injunction
the violation of this chapter.
This chapter shall become effective immediately and is passed in accordance with the New York State Municipal Home Rule Law. This chapter shall also repeal and replace the current Town of Chatham Public Assemblies Law adopted as Local Law No. 1 of 1970 and known as Chapter 72 of the Town Code of the Town of Chatham.
The provisions of this chapter shall be in addition to, and not in lieu of, nor construed to be in conflict with, the provisions contained in § 225 of the Public Health Law or Sections 7-1.40 through 7-1.44 of Chapter 1 of the State Sanitary Code.
