[HISTORY: Adopted by the Town Board of the Town of New Hartford 8-20-1980
by L.L. No. 3-1980. Amendments noted where applicable.]
GENERAL REFERENCES
Parades and processions — See Ch. 87.
The Town Board of the Town of New Hartford, in order to promote proper
government and ensure the proper protection, order, conduct, safety, health,
welfare and well-being of persons and property within the Town of New Hartford,
finds that it is in the public interest to enact this chapter pursuant to
the provisions of § 130, Subdivisions 11, 15 and 19, of the Town
Law and § 10, Subdivision 1a(12), of the Municipal Home Rule Law
of the State of New York. This chapter shall regulate the assembly of persons
where such assembly exceeds 1,000 persons at any place within the Town of
New Hartford, Oneida County, New York, except where such assembly is organized
by and under the direct control of a volunteer fire company within the Town,
a fraternal or civic organization having a local chapter within the Town or
a religious corporation having a house of worship within the Town.
A.
Word usage. In this chapter, words used in the present
tense include the future; the singular number includes the plural and the
masculine shall include the feminine. The word "shall" is mandatory and "may"
is permissive.
B.
ASSEMBLY
BUILDING
PERSON
STRUCTURE
Terms defined. As used in this chapter, the following
terms shall have the meanings indicated:
The gathering, collecting or congregating of persons at any place
within the Town, with or without the levy of an admission fee, for a common
purpose, such as but not limited to sports events, circuses, carnivals, festivals,
music festivals and religious observances.
A structure wholly or partially enclosed with exterior walls and
a roof, of a permanent or temporary nature, affording shelter to persons,
animals or property.
Any individual, firm, company, association, society, corporation
or group.
A combination of materials to form a construction that is safe and
stable and includes, among other things, stadiums, stages, prop forms, radio
towers, sheds, storage bins, tents, billboards, space signs, bleachers, ramps
and seats.
A.
No person shall use, allow, let or permit to be used
property for the assembly of persons in excess of 1,000 persons, nor shall
any person use, allow, let or permit to be used property for any part or portion
of such assembly of persons which total assembly in the aggregate is in excess
of 1,000 persons, unless upon written permit authorizing such use and assembly
issued by the Town Board through its Clerk.
B.
Application for such permit shall be by verified petition
on forms to be furnished by the Town, addressed to the Town Board and filed
with the Town Clerk at least 45 days prior to the date upon which such use
and assembly shall occur. The Town Board shall act upon the application within
30 days after its submission. Such application shall include the following
information:
(1)
A statement of the name, age and residence address of
the applicant; if the applicant is a corporation, the name of the corporation,
the names and addresses of its directors and officers; if the applicant does
not reside within the Town of New Hartford, the name and address of an agent
who shall be a natural person and who shall reside in or have a place of business
in the County of Oneida and who shall be authorized to and shall agree by
verified statement to accept notices or summonses issued with respect to the
application, the conduct of the assembly or use in any manner involving it
arising out of the application or the construction or application of this
chapter.
(2)
A statement of the name and address of the record owner
of the property where the assembly and use shall occur and the nature and
interest of the applicant therein; the proposed dates and hours of such assembly
and use; the expected maximum number of persons intended to use the property
at one time and collectively; the expected number of automobiles and vehicles
intended to use the property at one time and collectively; and the purpose
of the assembly and use, including the nature of the activity to be carried
on and the admission fee to be charged, if any.
(3)
A map prepared by a licensed land surveyor or licensed
public engineer showing the size of the property and the zoning district in
which it is located; the names and record owners of the adjoining properties;
the streets or highways abutting said property; the size and location of any
existing building, buildings or structures to be erected for the purpose of
the assembly and use; and the method, construction and materials to be used
in any new building or structure.
(4)
A plan or drawing to scale prepared by the licensed public
engineer or licensed land surveyor showing the method and manner in which:
(5)
A plan drawn to scale showing the layout of any parking
area for motor vehicles, including the means of egress from and ingress to
such parking area.
(6)
A statement containing the type, number and location
of any radio device, sound amplifier or loudspeaker or sound truck or other
similar sound equipment.
(7)
A statement specifying whether food or beverages are
intended to be prepared, served or distributed. If food or beverages are intended
to be prepared, sold or distributed, a statement specifying the method of
preparation and distribution of such food or beverage and the method of disposing
of garbage, trash, rubbish or any other refuse arising therefrom. If food
or beverages are to be prepared, sold and distributed, a plan or drawing to
scale must be attached to the application showing the buildings or other structures
from which the food or beverages shall be prepared, sold or distributed.
(8)
A statement specifying whether any private security guards
or police will be engaged, and if so, the numbers and duties to be performed
by such persons, including the hours to be worked and areas of responsibility.
(9)
A statement specifying the precautions to be utilized
for fire protection, including a plan or drawing to scale, specifying the
location of fire lanes and water supply for fire control.
(10)
A statement specifying whether any outdoor lights or
signs are to be utilized, and if so, a map showing the number, location, size,
type and illuminating power of such lights and signs.
(11)
A statement specifying the facilities to be available
for emergency treatment of any person who may require medical or nursing attention.
(12)
A statement specifying whether any camping or housing
facilities are to be available and, if so, a plan drawn to scale showing the
intended number and the location of the same.
(13)
A statement specifying the contemplated duration of assembly
and use.
A.
No permit shall be issued unless it is clearly shown
that all of the following are provided for and approved, in writing, by the
Oneida County Health Department and the Town Board of the Town of New Hartford:
(1)
Drinking water adequate in quantity and quality as provided in Chapter 1, Part 7, of the State Sanitary Code.
(2)
Toilet facilities adequate for the capacity of the assembly or use as provided in Chapter 1, Part 7, of the State Sanitary Code.
(3)
Adequate facilities for the satisfactory disposal or
treatment and disposal of sewage. Such facilities shall meet and be maintained
in accordance with the standards and requirements of the New York State Department
of Health and the Oneida County Health Department.
(5)
Adequate supply of food, including provisions for sanitary
storage, handling and protection of food and beverages until served or used.
A showing must be made that where food is to be prepared or consumed there
are facilities for washing, disinfecting and storing dishes and food utensils.
(6)
Adequate off-street and off-road facilities for the contemplated
number of people attending the assembly or use. Parking space shall be provided
for at least one car for every four persons in attendance.
(7)
Adequate camping and housing facilities for the contemplated
number of people in attendance, if it is contemplated that the assembly or
use shall extend from one day to another.
(8)
An adequate number of access roads to and from the site
of the assembly or use.
(9)
Adequate medical facilities as provided by Part 18 of
the New York State Sanitary Code.
B.
No permit shall be issued unless the owner of the property
and his tenant or lessee, if any, shall furnish the Town with written authorization
to permit the Town or its lawful agents to go upon the property at any time
for the purpose of inspecting the same, the facilities provided thereon and
the cleaning of the premises after the termination of the assembly.
C.
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 $500,000/$1,000,000 for bodily injury or death and limits of
not less than $500,000 for property damage, sufficient to save the Town harmless
from any liability or cause of action which might arise by reason of the granting
of the permit, and not cancellable without 10 days' prior written notice to
the Town. The applicant shall further provide a security deposit with the
Town in an amount to be set by the Town Board based upon the proposed anticipated
attendance to ensure the removal of trash and other waste material as hereinafter
provided, which deposit shall be returned to the applicant within 10 days
from the date of termination of the assembly after deduction therefrom of
all expenses caused by the applicant's noncompliance to remove said trash
and other waste material.
[Amended 4-16-2003 by L.L.
No. 4-2003]
Each application shall be accompanied by a fee in the amount of $100
per day of the event at the time of its submission. The fee shall compensate
the Town for its examination and processing of such application and shall
not be refundable in whole or in part.
Within three days from the date of the termination of the assembly,
trash, paper, garbage and other waste material shall be completely removed
from the premises in a safe, clean and sanitary manner.
Any permit issued may be revoked by the Town Board through its Clerk
if at any time it should be determined that the applicant has failed to provide
the facilities as specified in the application or that the setting up of the
facilities provided for in the application cannot be reasonably accomplished
within the time or date set for the assembly or use.
A.
Any person who shall use, allow, let or permit to be
used property for the assembly of persons in excess of 1,000 persons, or shall
use, allow, let or permit to be used property for any part or portion of such
assembly which total assembly in the aggregate is in excess of 1,000 persons,
or any person who shall cause the gathering, collecting or congregating of
persons in excess of 1,000 at any place within the Town without first obtaining
a written permit in accordance with the provisions of this chapter, shall
be deemed to have committed an offense against this chapter and shall be liable
for the penalties herein provided. Any person who commits or permits any offense
against any provision of this chapter shall be liable for the penalties herein
provided.
B.
For each offense against the provisions of this chapter,
the person committing the same shall, upon conviction, be deemed guilty of
a violation pursuant to the Penal Law of the State of New York, punishable
by a fine of not more than $250 or by imprisonment for a term not exceeding
15 days, or by both such fine and imprisonment.
C.
In addition to the above-provided penalties, the Town
Board 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.
