[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.]
GENERAL REFERENCES
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.
A.
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:
(1)
Name and address of organization making application.
(2)
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.
(3)
The name, age and address of the person who will be in charge of
the function for the sponsoring organization.
(4)
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.
(5)
An accurate description of the premises upon which the function (bazaar,
fair or entertainment) is to be held.
(6)
The name and address of the amusement company supplying the amusements,
equipment and facilities which will be involved in the function.
(7)
The duration of the function, specifying commencement and termination
by date and hours of each day during which the activities will be
held.
(8)
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.
(9)
Plans or drawings showing the method to be used for the supply, storage
and distribution of water and disposal of sanitary sewage.
(10)
A statement specifying the method of disposing of any garbage, trash,
rubbish or other refuse arising therefrom.
(11)
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.
(12)
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.
(13)
The purpose of the function, including the nature of the activities
to be carried on and the admission fee to be charged, if any.
B.
Additional submittals. The application shall be accompanied by:
(1)
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;
(2)
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.
C.
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.
D.
Issuance of permit.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
E.
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.
