[HISTORY: Adopted by the Town Board of the Town of Sullivan 7-12-1979 by L.L. No. 2-1979. Amendments noted where applicable.]
Zoning — See Ch. 275.
The Town Board of the Town of Sullivan, in order to promote proper government and insure the proper protection, order, conduct, safety, health welfare and well-being of persons and property within the Town of Sullivan, Madison County, New York, finds that it is in the public interest to enact this chapter, which shall regulate the assembly of persons where such assembly exceeds 500 persons at any place within the Town of Sullivan, exclusive of the Village of Chittenango, Madison County, New York.
Word usage. Words used in the present tense include the future; the singular number includes the plural; and the masculine shall include the feminine.
Definitions. For the purpose of this chapter, the terms used herein are defined as follows:
- A structure wholly or partially enclosed with exterior walls and a roof, of permanent or temporary nature, affording shelter to persons, animals or property.
- MASS GATHERING
- The gathering, collecting or congregating of persons out of doors in excess of five hours at any place within the Town, exclusive of the village, with or without the levy of an admission fee, for a purpose, such as, but not limited to, sports events, circuses, carnivals, festivals, music festivals, religious observances, etc. Established existing businesses in the Town of Sullivan which conduct nonprohibited events out of doors in the normal course of regular business shall not be deemed to be a mass gathering.
- Any individual, firm, company, association, society, corporation or group.
- Is mandatory and may is permissive.
- A combination of any materials to form a construction that includes, among other things, stadiums, stages, prop forms, radio towers, sheds, storage bins, tents, billboards, space signs, bleachers, ramps and seats.
If the gathering cannot reasonably be expected to exceed 5,000 persons, the provisions of this chapter shall not apply to the following:
A gathering sponsored, organized and under the direct control of an established public school located within the Town of Sullivan.
A gathering sponsored, organized and under the direct control of the established volunteer fire companies operating within the Town of Sullivan which have their principal office within said Town.
A gathering sponsored, organized and under the direct control of an established church maintaining a permanent structure for a place of worship with support membership consisting of people within the Town of Sullivan, Madison County, New York.
A gathering sponsored, organized and under the direct control of a nationally established veterans organization or civic group within the Town as recognized and approved by the Town Board.
Such organizations shall, at least 10 days prior to any gathering which would otherwise fall under this chapter, give written notice to the Town Board of such gathering giving the time, date and location of the gathering and certifying that the attendance is not reasonably expected to exceed 5,000 persons.
No person shall use, allow, let or permit to be used property for the assembly of persons in excess of 500 persons, nor shall any person use, allow, let or permit to be used property for any part or portion of such gathering of persons, which total gathering in the aggregate is in excess of 500 persons, unless upon written permit authorizing such use and gathering issued by the Town Board through its Clerk.
Application for such permit shall be by verified petition on forms to be furnished by the Town, addressed to the Town Board, filed with the Town Clerk at least 30 days prior to the date upon which such use and assembly are requested.
Application for a permit to promote or hold a mass gathering shall be made to the Town permit issuing official, on a form and in a manner prescribed by the Town Board, by the person who will promote or hold the mass gathering, or by the owner of the property upon which the said gathering shall be held.
Water and sewage facilities shall be constructed and operational not later than 48 hours prior to the first day of the mass gathering.
The application shall be accompanied by plans, reports and specifications showing necessary water supply and sewage facilities, drainage, toilet and lavatory facilities, refuse storage and disposal facilities, sleeping areas, if necessary, and facilities for wholesome and sanitary food service. Also, medical facilities, fire protection and such other matters as may be appropriate for security of life or health in no event less than required by the State Sanitary Code.
All applications for a permit to conduct a mass gathering shall be accompanied by the following information:
The name, age, residence, mailing address and telephone number of the applicant; a statement of the applicant's legal status, such as individual, partnership, corporation, etc. If the applicant is a partnership, state the names and addresses of all partners, and if a corporation, the names and addresses of all corporate officers, together with a list of the names and addresses of all persons directly in charge of the activity.
The location and legal description of the property where the activity is proposed, including all lands to be used directly, indirectly and incidental to the proposed activity or any part thereof; also, attach to the application statements disclosing the nature of the interest of the applicant relating to such property.
The date or dates and hours during which the activity is to be conducted.
If the gathering is to continue from one day to another, a statement specifying housing facilities available or to be made available on the premises shall be submitted.
Applicant shall also furnish the program and plans of the activity in its entirety, with particular emphasis on the following:
A statement specifying the plans for parking facilities off public highways able to serve all reasonable anticipated requirements of a rate up to 100 passenger cars per acre or 30 buses per acre.
A statement from the County Sheriff, State Police, New York Department of Transportation, or other law enforcement agency certifying that the traffic control plan is satisfactory.
An outline map of the area to be used showing the location of all privies or toilets and handwashing facilities, all water supply sources (lakes, ponds, streams, wells, storage tanks, etc.), all areas of assemblage, including separate overnight camping areas for sleeping, including number of occupants, all food service areas and all refuse storage handling and disposal areas, and emergency access and egress roads.
A plan for limiting attendance, including methods of entering the area, number and location of ticket booths and entrances, and provisions for keeping nonticket holders out of the area.
A statement agreeing to complete all construction and installation of services and facilities, including water supply, toilet and handwashing facilities, sewage disposal, roads, food service equipment, and refuse handling facilities, at least 48 hours prior to the commencement of the event.
A statement specifying whether food or beverage is intended to be prepared, served or distributed. If food or beverages are intended to be prepared, sold or distributed, a statement shall be submitted specifying:
A plan for a sanitary food service in compliance with the New York State Sanitary Code then in effect.
A detailed plan for use of signs to locate all facilities and roadways.
A statement from local fire authorities having jurisdiction over the area verifying that they are aware of the event and are willing to cooperate if needed.
A communication system satisfactory to the Town permit issuing official shall be established for gatherings in excess of 2,500 persons.
A statement specifying whether any private security guards or police will be engaged, together with plans for security enforcement.
The location and construction of toilet and handwashing facilities designed to serve fully all reasonably anticipated requirements which meet the requirements of the New York State Sanitary Code.
The location and construction of water supply facilities, designed to serve fully all reasonably anticipated requirements at a rate of one pint of potable water per person per hour, for the maximum estimated hourly attendance.
Detailed plans for internal storage and collection of refuse, including provisions for disposal and cleaning of the property and immediate surrounding properties within 48 hours after the event.
A statement containing the type, number and location of any radar device, sound amplifier, loudspeaker, sound truck or other similar equipment, including detailed plans for amplifying equipment designed to control the noise level at the perimeter of the site to no more than 85 decibels on the A scale of a sound level meter which meets the specifications of the American National Standards Institute.
Detailed plans for lighting designed to illuminate the areas of the site.
A plan showing that the proposed activity is adequately buffered, as determined by the Town permit issuing official and/or Town Board from all residential areas within 500 feet.
Public liability and property damage insurance. The applicant shall provide public liability and property damage insurance in a recognized insurance company licensed to do business in the State of New York in an amount of at least $500,000/$1,000,000 to cover the Town of Sullivan against any risks or hazards in any way arising out of the proposed activity, together with a hold harmless agreement to the Town of Sullivan for any loss or damage above and beyond insurance coverage.
Additional requirements of a permittee for a mass gathering.
A maintenance, and if deemed necessary, an internal security staff acceptable to the Town permit issuing official and/or Town Board shall be provided.
The operator of a mass gathering shall see to it that no flammable or volatile liquids or materials shall be stored in or adjacent to the area of the gathering, unless adequate fire fighting equipment is available.
A separate permit shall be required for each mass gathering. No mass gathering shall be allowed to continue for a period of more than four days without a new permit being issued.
A permit may be revoked by the Town Board, the permit issuing official of the Town, the Madison County Health Department, or the State Commissioner of Health, if any of them find that the mass gathering for which the permit was issued is maintained, operated or occupied in violation of this chapter, or the sanitary code of the health district in which the mass gathering is located. A permit may be revoked upon request of the permittee or upon abandonment of the operation.
A permit issued for the operation of a mass gathering shall be posted or kept on file and made available by the operator on request of any person.
A mass gathering shall not be permitted in Residential, Agricultural or Limited Business Use Districts, according to Chapter 275, Zoning, of the Code of the Town of Sullivan.
No permit shall be issued unless the owner 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.
Any permit issued can 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 mass gathering.
Each application shall be accompanied by a fee in the amount of $200 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.
The applicant shall further provide a security deposit in an amount set by the Town Board at the time the application is presented in an amount which may reasonably insure to the Town that all trash or other material shall be removed. The amount shall be in an amount of no less than $100 per acre of assemblage area, or portion thereof, which deposit shall be returned to the applicant within 30 days from the date of termination of the assembly, if all trash and other waste material has been removed. If all such material is not removed within five days of the date of termination of the assembly, the Town may use this fund or so much of it as necessary to provide for such removal and all other expenses caused by the applicant's noncompliance with this chapter.
Any person who shall use, allow, let or permit to be used property for the mass gathering of persons in excess of 500 persons, or shall use, allow, let or permit to be used property for any part or portion of such assembly, which total gathering in the aggregate is in excess of 500 persons, or any person who shall cause the gathering, collecting or congregating of persons in excess of 500 persons at any place within the Town, exclusive of the village, without first obtaining a written permit in accordance with the provisions of this chapter, shall be deemed to have violated this chapter and committed a misdemeanor and shall be liable for the penalties provided. Any person who commits or permits any act in violation of any provisions of this chapter shall be deemed to have violated this chapter and committed a misdemeanor and shall be liable for the penalties provided.
For each violation of the provisions of this chapter, the person violating the same shall be subject to a fine of not more than $1,000, or imprisonment not to exceed one year, or to both such fine and imprisonment.
In addition to the penalties provided for above, 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.