[HISTORY: Adopted by the Town Board of the Town of Newburgh 11-6-1995 by L.L. No. 7-1995; amended in its entirety 5-17-2004 by L.L. No. 3-2004. Subsequent amendments noted where applicable.]
Mass public assemblies — See Ch. 60.
To preserve public peace and good order and to prevent tumultuous assemblages, all carnivals, circuses and traveling shows and public outdoor shows are prohibited in the Town of Newburgh.
Nothing in the foregoing shall apply to bazaars, fairs or entertainments as approved in writing by the Town Board and held in the Town of Newburgh under the sole management and for the benefit of local religious, fraternal, educational, political, veterans', firemen's, civic, nonprofit or charitable organizations, provided at least 10 of the members of such organization who are residents of the Town of Newburgh agree to attend and participate in the operation of the bazaar, fair or entertainment. For purposes of this chapter, "local" shall mean that either the organization has an office or place of operation or owns real property in the Town of Newburgh; or the organization has at least 10 members who are residents or have places of operation in the Town of Newburgh; or the organization regularly holds its meetings and conducts its activities at a site in the Town of Newburgh; or the organization provides services to residents of the Town of Newburgh.
Form and content of application. Application for said approval of the Town Board shall be made in the form of a written application furnished by the Town Clerk which should list the following:
Name and address of organization making application.
Names and addresses of the sponsoring organization's directors and officers; if the applicant does not have an office in the County of Orange, 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 Orange, who shall be authorized to and shall agree by verified statement to accept notices or summonses issued with respect to violations of any law, ordinances, rules or regulations.
The name, age and address of the person who will be in charge of the function for the sponsoring organization.
The names, addresses and signatures of the 10 members who are residents of the Town of Newburgh and have agreed to attend and participate in the operation of the event.
An accurate description of the premises upon which the function (bazaar, fair or entertainment) is to be held.
The name and address of the amusement company supplying the amusements, equipment and facilities which will be involved in the function.
The duration of the function, specifying commencement and termination by date and hours of each day during which the activities will be held.
The expected maximum number of persons intended to use the premises at one time and collectively; the expected number of automobiles and other vehicles intended to use the premises at one time and plan for off-street and highway parking.
Plans or drawings showing the method to be used for the supply, storage and distribution of water and disposal of sanitary sewage.
A statement specifying the method of disposing of any garbage, trash, rubbish or other refuse arising therefrom.
A statement specifying whether any private security guards or police will be engaged, and if so, the number thereof and the duties to be performed by such persons.
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.
The purpose of the function, including the nature of the activities to be carried on and the admission fee to be charged, if any.
Additional submittals. The application shall be accompanied by:
Submission of a statement from the subject property owner granting approval to the sponsoring organization to use said property during dates and hours of the function and authorizing the Town or its lawful agents to go upon the subject property for the purpose of inspecting the same;
An original certificate of liability insurance naming the town as an additional insured issued by an insurance carrier licensed to do business in the State of New York. Such insurance shall be in the minimum amounts established from time to time by resolution of the Town Board, but no less than $1,000,000 for each person and $3,000,000 for each accident. The certificate of insurance shall provide at least 10 days' written notice to the town prior to cancellation. It shall indicate that there is in effect public liability insurance covering any damages arising out of the use and operation of any and all devices and facilities and premises operated in connection with the function. The Town Board, in its discretion, may increase the minimum required levels of insurance coverage required for any function which includes mechanical rides or a fireworks display, based upon the risk involved and the probable number of participants.
Time for filing application. Application for such permit shall be filed in person with the office of the Town Clerk at least 30 days prior to the date upon which the commencement of such assembly is contemplated unless otherwise waived by the Town Board.
Issuance of permit.
Upon submission of a complete application, the Town Clerk shall refer the application to the Town of Newburgh Chief of Police or his or her designee for approval of the adequacy of the proposed measures for security and traffic control and plan of off-street and highway parking.
When all application requirements are met, the Town Clerk shall present said application to the Town Board for approval or denial of permit. Should the Town Board decide to grant such permit, it shall do so in writing.
No such permit shall be issued if the Town Board determines that the function will disturb the public peace and good order or adversely affect the use and enjoyment of the adjoining properties in adjoining use districts or that conduct of the function will not be consistent with public health, safety or welfare or will entail unusually extraordinary or burdensome expense of police operation by the Town.
The operator and sponsor of the function shall each be wholly responsible for maintaining order and keeping the site clean, free of trash, papers and other debris. Cash or a certified check in an amount of $1,000 or such lesser sum as the Town Board may determine is appropriate under the circumstances shall be posted to ensure compliance with this provision. In addition to the requirements of § 98-3, an application for a permit to conduct a public entertainment must be accompanied by a statement signed by the property owner or duly designated agent and the operator of the circus or carnival agreeing to the provisions of this section and the forfeiture of the security deposit for failure to obtain a certificate of discharge as hereinafter provided. Said funds shall be returned to the entity depositing said funds only upon its obtaining a certificate of discharge from the Code Compliance Department of the Town of Newburgh. This certificate of discharge shall be granted only after an inspection of the premises by the Code Compliance Department to ensure compliance upon termination of the function. If there is not full compliance with this section within 72 hours of the closing of the function, then the funds on deposit shall automatically be forfeited to the town without any further notice.
Any and all security necessary, beyond that which is provided within the regular duties of the Town of Newburgh Police Department, shall be the responsibility of the applicant.
The Town Board may issue approval upon such other conditions as the Town Board 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. As a condition of the granting of the permit, the Town Board may require the permittee to reimburse the Town for the costs of such police protection as may be deemed necessary by the Town Board to adequately and safely control and protect the assembly, the assembly area and traffic in and about the area of the assembly. However, the permittee shall not be required to reimburse the Town in excess of the actual cost paid by the Town for such police protection. The amount shall be provided to the applicant and the Town Board by written report from the Chief of Police submitted prior to the issuance of the permit.
The Town Board shall have the right to revoke any approval granted hereunder upon violation of any provision of the approval, any condition imposed thereon or any provision of the Municipal Code.
Any person, firm or corporation violating any provision of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $500 or imprisonment for a term not exceeding three months, or both. A separate offense against this Chapter 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.