[HISTORY: Adopted by the Town Board of the
Town of Sullivan 7-12-1979 by L.L. No. 2-1979. Amendments noted where
applicable.]
GENERAL REFERENCES
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.
A.
Word usage. Words used in the present tense include
the future; the singular number includes the plural; and the masculine
shall include the feminine.
B.
BUILDING
MASS GATHERING
PERSON
SHALL
STRUCTURE
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.
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.
A.
If the gathering cannot reasonably be expected to
exceed 5,000 persons, the provisions of this chapter shall not apply
to the following:
(1)
A gathering sponsored, organized and under the direct
control of an established public school located within the Town of
Sullivan.
(2)
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.
(3)
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.
(4)
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
Water and sewage facilities shall be constructed and
operational not later than 48 hours prior to the first day of the
mass gathering.
E.
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.
F.
All applications for a permit to conduct a mass gathering
shall be accompanied by the following information:
(1)
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.
(2)
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.
(3)
The date or dates and hours during which the activity
is to be conducted.
(4)
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.
(5)
Applicant shall also furnish the program and plans
of the activity in its entirety, with particular emphasis on the following:
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
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:
[1]
A plan for a sanitary food service in compliance
with the New York State Sanitary Code then in effect.
(g)
A detailed plan for use of signs to locate all
facilities and roadways.
(h)
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.
(j)
A communication system satisfactory to the Town
permit issuing official shall be established for gatherings in excess
of 2,500 persons.
(k)
A statement specifying whether any private security
guards or police will be engaged, together with plans for security
enforcement.
(6)
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.
(7)
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.
(8)
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.
(9)
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.
(10)
Detailed plans for lighting designed to illuminate
the areas of the site.
(11)
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.
G.
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.[1]
H.
Additional requirements of a permittee for a mass
gathering.
(1)
A maintenance, and if deemed necessary, an internal
security staff acceptable to the Town permit issuing official and/or
Town Board shall be provided.
(2)
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.
I.
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.
J.
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.
K.
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.
L.
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.
M.
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.
N.
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.
A.
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.
B.
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.
A.
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.
B.
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.[1]
C.
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.
