[HISTORY: Adopted by the Board of Trustees of the Village of Woodbury 1-13-2009 by L.L. No. 1-2009. Amendments noted where applicable.]
The purpose of this chapter is to provide opportunities for outdoor public gatherings while at the same time protecting the general public health, safety, and welfare by reducing traffic congestion and noise and providing for the free movement of all emergency services to affected properties.
For the purpose of this chapter, the following definitions shall apply:
- PUBLIC ASSEMBLY/GATHERING
- Any event, the majority of which occurs outdoors, held on property within the Village, including all buildings or portions of buildings located thereon, used for gathering together persons for amusement, athletic, civic, dining, education, entertainment, patriotic, political, recreational, religious, social, or similar purposes, whether for profit or not-for-profit, with the intended, likely or actual result of attracting 200 or more persons to such event per day. Public assemblies shall include, but not be limited to, circuses, concerts, demonstrations, festivals, farmers' markets, carnivals, street fairs, craft fairs, car shows, plays, speaking events, sporting events, public and private parties, weddings, celebrations, parades and firework displays.
- As defined in Chapter 310, Zoning, of the Code of the Village of Woodbury, and specifically for the purposes of this chapter, any object used to house persons or animals, or to be used in connection with such public assembly such as tents, stages, cooking or vending facilities, rest rooms, seating areas, etc.
Schedule of permits.
A permit is required for a public assembly in any zoning district. Permits shall be applied for and secured from the following persons or boards, based on the intended, likely, or actual total number of persons, including participants, observers, sponsors, etc. ("attendees"), that will be on the property during the event:
Such permit may be granted, with or without conditions, only upon a finding that such public assembly is planned in such a manner as to ensure the health, safety and welfare of the attendees and the public.
Time for filing. All permit applications for a public assembly must be received 60 days prior to the event.
Permit application requirements. All permit applications shall include the following:
A statement of the name, age and residence address of the applicant; if the applicant is an entity, the name and address of the entity, and the names and addresses of the directors, partners, principles or members. The name and address of the applicants who shall be authorized, and shall agree by verified statement, to accept notices and/or summonses issued with respect to violations of any law, ordinances, rules or regulations.
A statement containing the name and address of the record owner of the subject property or properties authorizing the use of such property or properties.
The proposed dates and hours of such proposed assembly.
The expected maximum number of persons intended to use the property each day, at any one time, and collectively over the course of the event.
The expected number of automobiles and other vehicles intended to arrive and depart from the property each day, at any one time, and collectively over the course of the event.
The purpose of the public assembly, including the nature of all of the activities to be carried on.
A properly scaled map showing: 1) the size of the property, 2) the zoning district(s) in which it is located, 3) the streets or highways abutting said property, and 4) the size and location of any existing and proposed buildings or structures to be utilized. Any such structure shall be required to have or secure, prior to the public assembly, a building permit and meet all criteria of the New York State Building Codes.
A plan or drawing showing the method to be used for the disposal of sanitary sewage.
A plan or drawing showing the method to be used for the supply, storage and distribution of potable water.
A properly scaled plan or drawing showing the layout of any parking area for automobiles and other vehicles and the means of ingress and egress to such parking area. Such parking area shall provide one parking space for every four persons in attendance at any one time. Appropriate handicap parking shall be provided. If determined to be advisable by the Building Inspector, then any proposed parking on public streets or rights-of-way shall also be approved by the appropriate authority having jurisdiction over such streets or rights-of-way (e.g., Highway Superintendent, NYS Department of Transportation, Orange County Department of Public Works). All parking on public streets or rights-of-way, or private property not part of the event property, shall be prohibited unless approved by the appropriate agency or private party.
A statement specifying the method of storage and disposal of any garbage, trash, rubbish or other refuse.
If a person or entity other than the person or entity applying for the permit will be engaged in the sale and distribution of food and beverage, the name and address of such person or entity shall be submitted. Approval from the Department of Health may be required.
A statement specifying the precautions to be utilized for fire protection, and a properly scaled map specifying the location of existing and to-be-marked fire lanes, and water supply lanes for fire control.
A statement specifying the facilities to be available for emergency treatment of any person who might require immediate medical or nursing attention.
Approval prior to issuance. Prior to issuing any permit under this chapter, the applicant shall secure the approvals of any or all of the following governmental agencies as deemed applicable by the permitting authority:
The New York State and Orange County Health Departments.
The New York State Department of Environmental Conservation.
The Village Engineer and the Village Sewer Superintendent as to any proposed sanitary sewage disposal system.
The New York State and Orange County Health Departments, the Village Engineer and, if applicable, the New York State Department of Environmental Conservation as to any proposed system for the supply, storage and distribution of water.
The Orange County Department of Public Works, the New York State Department of Transportation, the Orange County Sheriff's Department, the New York State Police, the Town of Woodbury Police, and the Chief of the Fire Department as to the proposed parking area and means of ingress and egress to such parking area.
The Code Enforcement Officer as to the proposed type, number and location of any sound-producing equipment.
The New York State and Orange County Health Departments and the Code Enforcement Officer as to the proposed method of preparing, selling or distributing food or beverage and the removal of trash, rubbish or garbage arising therefrom.
The Orange County Sheriff's Department, the Town of Woodbury Police Department and the New York State Police as to any proposed private security or police protection.
The Chief of the Fire Department and the Fire Coordinator of Orange County as to any proposed fire protection system.
The Code Enforcement Officer and Village Engineer as to any proposed outdoor lights and signs.
The Orange County Health Department as to any proposed facilities for emergency medical or nursing treatment.
The Code Enforcement Officer and Village Engineer as to any proposed camping or housing facilities.
Issuance of permit.
No permit shall be issued and no occupancy authorized until:
The Code Enforcement Officer has reviewed all application materials and inspected the premises to be permitted;
The permitting authority is satisfied that there has been compliance with the provisions of this chapter, the Uniform Code and all other applicable laws, ordinances, codes, rules and regulations pertaining to places of public assembly; and
The required fees have been paid.
If, after the review described above, the permitting authority is satisfied that the place of public assembly meets all applicable standards, it shall issue a public assembly permit and an occupancy poster detailing the maximum number of attendees permitted and the expiration date of such permit.
Security and parking management. In the event the review determines that normal traffic patterns are likely to be disrupted by the event, the applicant shall provide adequate security personnel and parking management personnel to ensure the safe and free flow of traffic. The Code Enforcement Officer may be guided by the following table in determining adequate coverage:
Permit exemptions. The following events shall not require an application for a permit:
Conditions for granting permit.
No permit shall be issued unless the permittee furnishes the Village with written authorization to permit the Village or its lawful agents to go upon the subject property for the purpose of inspecting the same, providing adequate police or fire protection and protecting persons and property from danger.
No permit shall be issued unless the applicant furnishes the Village with a comprehensive liability insurance policy, issued by a company duly licensed by the State of New York, insuring the applicant against liability for damage to persons or property with a limit no less than $500,000 for bodily injury or death, and a limit of no less than $100,000 for property damage. Said policy shall name the Village and its agents as additional insureds and shall be noncancelable without prior written notice to the Village.
Where the expected maximum number of persons shall exceed 1,000 persons at any public assembly, as a condition of the granting of the permit, the Board of Trustees may require the permittee to pay for such police protection as may be deemed necessary by the Board of Trustees to adequately and safely control and protect the assembly, the assembly area, and traffic in and about the area of the assembly. However, in such circumstances, the permittee shall not be required to pay in excess of the actual cost for such police protection, and in no event for more than two police officers for the first 1,000 persons of the assembly nor for more than one police officer for each additional 1,000 persons of the assembly.
Permits may be issued upon such other conditions as the permitting authority may reasonably impose to ensure compliance with this chapter and for the general protection of the health, safety and welfare of the public and of property within the Village.
Denial of permit; restrictions; expiration.
The permitting authority may deny the issuance of a permit, even one containing conditions, if it finds that a public assembly is not able to properly safeguard the health, safety, and welfare of persons or property. The denial shall be in writing and shall set forth the reason therefor. The permitting authority shall approve or deny the permit within 14 days after a full submission to it by an applicant, except as otherwise allowed by an extension, in writing, granted by the applicant. However, if the permitting authority does not approve or deny the permit within the said 14 days, or within such time as extended by the applicant, the permit is not deemed to be granted but the applicant may bring a Civil Practice Law and Rules Article 78 action against the permitting authority to address the delay.
If a permit is granted, such permit shall set forth the maximum number of attendees to be permitted to assemble at any one time. The permitting authority, in determining such maximum limit, shall take into consideration the capacity of the site, the facilities to be available and the availability of public highways and other means of transportation to and from the site. In case of entertainment, the applicant shall limit all ticket sales for each performance or series of performances for which admission will be granted to such maximum number and shall include such limitations in all advertising.
Each permit shall expire at the end of the event for which it is issued.
Modification or rescission of permit. If, after a permit is issued, the Board of Trustees, and/or the Code Enforcement Officer, determines that any of the representations and/or statements contained in the application or any of the conditions of their permit have not been complied with, including limitations on the number of attendees, the Board of Trustees and/or the Code Enforcement Officer may serve upon the permittee's agent for the service of process (as noted in the public assembly application) a two-day notice of hearing specifying the manner in which the permittee has not complied with the terms of its permit. At such hearing the Board of Trustees and/or the Code Enforcement Officer, for good cause, may modify or rescind such permit, absolutely or upon conditions.
Permit fee. The applicant shall pay to the Village at the time the application is submitted an application fee of $50 and a fee of $50 per day for each day of operation. If the public assembly requires Planning Board approval, an escrow account must be established to cover the costs for review as provided by § 143-3C of the Village Code. If the Code Enforcement Officer determines a permit application is identical to one previously reviewed and approved for the identical applicant and event, such identical application shall not require an escrow account. The permit fee shall be waived for not-for-profit entities that request such waiver from the Board of Trustees.
Any person or entity who shall sponsor, allow, let or permit to be used property for the purpose of a public assembly, or any person who shall cause the gathering, collecting or congregating of persons constituting a public assembly, without having a written permit in accordance with the provisions of this chapter shall be guilty of a violation of this chapter.
A violation of any of the provisions of this chapter shall be a misdemeanor and shall be punishable as hereinafter provided.
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.
For each violation of this chapter, the violator shall be subject to a fine of not more than $500 per day of the assembly or imprisonment not to exceed one year, or to both such fine and imprisonment.