[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:
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.
A.
Schedule of permits.
(1)
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:
|
Attendees
|
Permitting Authority
| |
|
200 to 1,000 per day
|
Code Enforcement Officer
| |
|
1,000 or more per day
|
Planning Board
|
(2)
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.
B.
Time for filing. All permit applications for a public
assembly must be received 60 days prior to the event.
C.
Permit application requirements. All permit applications
shall include the following:
(1)
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.
(2)
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.
(3)
The proposed dates and hours of such proposed assembly.
(4)
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.
(5)
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.
(6)
The purpose of the public assembly, including the
nature of all of the activities to be carried on.
(7)
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.[1]
(8)
A plan or drawing showing the method to be used for
the disposal of sanitary sewage.
(9)
A plan or drawing showing the method to be used for
the supply, storage and distribution of potable water.
(10)
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.
(11)
A statement specifying the method of storage
and disposal of any garbage, trash, rubbish or other refuse.
(12)
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.
(13)
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.
(14)
A statement specifying the facilities to be
available for emergency treatment of any person who might require
immediate medical or nursing attention.
D.
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:
(1)
The New York State and Orange County Health Departments.
(2)
The New York State Department of Environmental Conservation.
(3)
The Village Engineer and the Village Sewer Superintendent
as to any proposed sanitary sewage disposal system.
(4)
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.
(5)
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.
(6)
The Code Enforcement Officer as to the proposed type,
number and location of any sound-producing equipment.
(7)
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.
(8)
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.
(9)
The Chief of the Fire Department and the Fire Coordinator
of Orange County as to any proposed fire protection system.
(10)
The Code Enforcement Officer and Village Engineer
as to any proposed outdoor lights and signs.
(11)
The Orange County Health Department as to any
proposed facilities for emergency medical or nursing treatment.
(12)
The Code Enforcement Officer and Village Engineer
as to any proposed camping or housing facilities.
E.
Issuance of permit.
(1)
No permit shall be issued and no occupancy authorized
until:
(a)
The Code Enforcement Officer has reviewed all
application materials and inspected the premises to be permitted;
(b)
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
(c)
The required fees have been paid.
(2)
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.
F.
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:
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Attendees
|
Security
|
Parking Management
| |
|
200 to 499
|
1
|
2
| |
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500 or more
|
Plus 1 for each additional 250
|
Plus 1 for each additional 250
|
G.
Permit exemptions. The following events shall not
require an application for a permit:
H.
Conditions for granting permit.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
I.
Denial of permit; restrictions; expiration.
(1)
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.
(2)
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.
(3)
Each permit shall expire at the end of the event for
which it is issued.
J.
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.
K.
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.
A.
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.
B.
A violation of any of the provisions of this chapter
shall be a misdemeanor and shall be punishable as hereinafter provided.
C.
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.
D.
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.
