[HISTORY: Adopted by the Town Board of the Town of Rosendale 9-13-2006
by L.L. No. 4-2006. Amendments noted where applicable.]
The purpose of this chapter is to protect public health, welfare, safety,
peace and tranquility by regulating mass gatherings within the Town of Rosendale.
For the purpose of this chapter, the following term shall have the meaning
indicated:
Any assemblage or gathering of people at a public or private amusement
or event of a temporary nature, whether or not in connection therewith any
charge is made either to participants or spectators. Such term, "mass gathering,"
shall not include any activity having fewer than 1,000 people in attendance;
functions sponsored by schools and held on school property; athletic or sporting
competitions of a recurring nature that occur at a facility set aside for
that purpose (e.g., league competitions; Little League); or functions sponsored
by the Town of Rosendale.
No person, firm, corporation or company shall hold or promote, by advertising
or otherwise, a mass gathering and no person shall use, allow, let or permit
property to be used for a mass gathering unless a permit shall have been issued
therefor by the Town Board of the Town of Rosendale as herein provided.
A.
General application requirements.
(1)
An application for a permit under this section shall
be submitted to the Town Board of the Town of Rosendale no less than 45 days
or two Town Board meetings prior to the proposed activity, together with an
application fee in an amount to be set from time to time by the Town Board
of the Town of Rosendale. This application fee may, in the discretion of the
Town Board, be waived. The application may be in letter form and shall identify
the area and location of such mass gathering, the date or dates thereof and
such other information as required by the Board to assure that there is provided
the following:
(a)
Adequate parking.
(b)
Adequate traffic control.
(c)
Adequate crowd control.
(d)
Adequate provision for public safety.
(e)
Adequate sanitation facilities.
(f)
Adequate medical and first aid facilities.
(g)
Adequate potable water supply.
(h)
Adequate fire protection.
(i)
Complete removal of refuse and cleanup of the area and
location within 24 hours following the gathering.
(j)
Adequate water rescue plan, if applicable.
(2)
Each application shall be further accompanied by such
additional plans, reports, specifications and other material as may be required
by the Town Board respecting the provisions of water supply, sewerage facilities,
drainage, refuse storage and disposal facilities, food services, medical facilities
and fire protection. The Town Board may, in its discretion, place conditions
on any approval given pursuant to this chapter as it may deem appropriate
to ensure the health, safety and welfare of the public.
B.
If the applicant is a corporation, the name of the corporation
and the names and addresses of its directors shall be set forth. Furthermore,
if the applicant resides outside the Town of Rosendale, the applicant shall
set forth the name and address of an agent, who shall be a natural person,
who shall reside in or have a place of business in the Town of Rosendale and
who shall be authorized to and shall agree by an acknowledged statement to
accept notices issued with respect to the application, construction or enforcement
of this chapter.
C.
Each applicant shall include in this application:
(1)
The name, address and record owner or owners of the property
or properties where the mass gathering shall occur and the nature and interest
of the applicant therein.
(2)
The proposed dates and hours of such mass gathering.
(3)
The expected number of automobiles and vehicles intended
to use the property or properties at one time and collectively.
(4)
The purpose of the mass gathering, including the nature
of the activity to be carried on and the admission fee to be charged, if any.
(5)
The maximum expected number of attendees at the gathering.
(6)
The proposed measures and facilities to limit the number
of persons attending to the maximum expected number, including methods of
entering the area, the number and location of ticket booths and entrances,
and provisions for restricting nonticket holders from the area.
D.
Each applicant shall submit a plan or drawing to scale
showing the method and manner in which:
(1)
Sanitary facilities are to be provided for the disposal
of human wastes.
(2)
The method or manner in which water will be supplied,
stored and distributed to those persons attending.
(3)
The layout of any parking area for motor vehicles, including
the means of egress and ingress to such parking areas, with such plan to reflect
the best and safest means of traffic control and safety for persons attending
and the general public, including an emergency evacuation plan, and any necessary
measures to provide for illumination or the suppressing of dust, if applicable.
All parking for the gathering shall be suitable off-street parking.
E.
The applicant shall include, if needed, detailed plans
for transportation arrangements from noncontiguous parking facilities to the
site to fully serve all reasonably anticipated requirements.
F.
The Town Board may, in its discretion, require the applicant
to submit a written certification from the Town of Rosendale Police, the Ulster
County Sheriff, New York State Police and/or New York State Department of
Transportation that the traffic control plan is satisfactory.
G.
A statement from local fire authorities having jurisdiction
over the area verifying that the facilities available for such mass gathering
are suitable to provide adequate firesafety, that they are aware of the event
and are willing to cooperate if needed.
H.
Detailed plans for security enforcement, including prevention
of the unlawful use of alcohol, narcotics and dangerous drugs at the site,
methods for limiting the use of the proposed function to the number of participants
for which the facilities are designed, and external as well as internal crowd
control and security enforcement.
I.
Detailed plans for emergency first aid to serve fully
all reasonably anticipated requirements.
J.
Each applicant for a permit shall submit proof of an
adequate comprehensive liability insurance policy, in an amount to be determined
by the Town Board, insuring the Town of Rosendale, its officers and employees,
from liability to persons or property and naming the Town of Rosendale, its
officers and employees, as being coinsured persons or as additional insured
parties. Such policy shall not be cancelable by the insurer without 10 days'
prior written notice to the Town of Rosendale.
K.
The Town Board may, upon a showing of good cause that
certain conditions or requirements as hereinbefore set forth are not applicable
or would cause an unreasonable burden upon the applicant, modify the foregoing
requirements after review of the circumstances presented by the applicant.
A.
Upon receipt of a mass gathering permit application,
the Town Board and/or its designee(s) shall immediately furnish a copy of
said application to the Chief of Police and, as appropriate, to the Fire Department.
B.
Upon issuance of a mass gathering permit, the Town Board
and/or its designee(s) shall immediately furnish a copy of said permit to
the Town Supervisor, the Chief of Police and the Fire Department having jurisdiction
over the premises.
A.
No person and no permittee will sell, or offer for sale,
nor allow any other person to sell or offer for sale any item whose purpose
is to injure, maim or kill immediately adjacent to the premises designated
in the permit application, during the period delineated for such mass gathering.
B.
No dogs shall be allowed at the premises except for dogs
which have been identified as guide dogs, hearing dogs, service dogs or police
work dogs.
C.
No person shall be allowed to possess any firearm or
weapon on the premises of such mass gathering other than a police officer,
peace officer or other such person authorized to possess firearms.
Mass gatherings shall be conducted at times specified in the site plan
and approved by the Town Board of the Town of Rosendale.
Any permit granted hereunder may be revoked by the Town Board of the
Town of Rosendale if it finds that the mass gathering for which a permit was
issued is maintained, operated or occupied in violation of this chapter or
the Sanitary Code of the State of New York.
If the Town Board of the Town of Rosendale shall deny any application
for a permit under this chapter, the Town Clerk of the Town of Rosendale shall
notify the applicant, in writing, of the disapproval and shall include therein
the reasons for such disapproval.
No permit issued by the Town Board shall be transferred or assigned
to any person or used by any person other than the person to whom it was issued,
nor shall any permit be used on any location other than the location stated
in the permit application.
A.
A failure to comply with the provisions of this chapter
shall be deemed a violation and shall be punishable by a fine of not less
than $250 and not more than $500 or imprisonment for not more than 15 days,
or both.
B.
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 restrain by injunction
any violation of this chapter.
