[HISTORY: Adopted by the Town Board of the Town of East Fishkill 7-10-1975 by L.L. No. 4-1975. Amendments noted where applicable.]
[Amended 6-27-2013 by L.L. No. 5-2013]
The Town Board, 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 East Fishkill, 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 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 East Fishkill, Dutchess 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.
Word usage. 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.
Terms defined. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings herein 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.
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.
[Amended 6-27-2013 by L.L. No. 5-2013]
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:
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 East Fishkill, 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 Dutchess 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.
A statement containing the name, address and record owner of the property where the assembly and use shall occur and the nature and interest of the application 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.
A map prepared by a licensed land surveyor or licensed public engineer showing the size of the property, the zoning district (if any) in which it is located; the names and record owners of the adjoining properties; the streets or highways abutting the 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.
A plan or drawing to scale prepared by the licensed public engineer or licensed land surveyor showing the method and manner in which:
A plan drawn to scale showing the layout of any parking area for motor vehicles, including the means of egress and ingress to such parking area.
A statement containing the type, number and location of any radio device, sound amplifier or loudspeaker or sound truck, or other similar sound equipment.
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.
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.
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.
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.
A statement specifying the facilities to be available for emergency treatment of any person who may require medical or nursing attention.
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 same.
A statement specifying the contemplated duration of assembly and use.
If the assembly and use are to continue from one day into another, a statement specifying the camping or housing facilities available or to be made available on the premises.
No permit shall be issued unless it is clearly shown that all of the following are provided for and approved in writing by the Dutchess County Health Department and the Town Board of the Town of East Fishkill:
Drinking water adequate in quantity and quality as provided in Chapter 1, Part 7, of the State Sanitary Code.
Toilet facilities adequate for the capacity of the assembly or use as provided in Chapter 1, Part 7, of the State Sanitary Code.
Adequate facilities for the satisfactory disposal or treatment and disposal of sewage shall be maintained. Such facilities shall meet with the standards and requirements of the New York State Department of Health and the Dutchess County Health Department.
Adequate facilities and arrangements for safe, clean disposal of solid waste, garbage and trash.
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.
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.
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.
An adequate number of access roads to and from the site of the assembly or use.
Adequate medical facilities as provided by Part 18 of the New York State Sanitary Code.
Adequate fire protection arrangements for buildings.
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.
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.
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.
[Amended 6-14-2001 by L.L. No. 3-2001]
Each application shall be accompanied by a fee in an amount as set from time to time by the Town Board 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.
Any person who shall use, allow, let or permit to be used property for the assembly of persons in excess of 1,000, 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 violated this chapter and shall be liable for the penalties herein provided. Any person who commits or permits any act in violation of any provision of this chapter shall be deemed to have violated this chapter and shall be liable for the penalties herein provided.
[Amended 6-27-2013 by L.L. No. 5-2013]
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 15 days, or to both such fine and imprisonment.
[Amended 6-27-2013 by L.L. No. 5-2013]
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.
In lieu of a criminal proceeding, the Town may file in the Justice Court a civil action to seek the recovery of a civil penalty in the sum of $3,000 from any person, corporation, partnership or other entity which may hold an event in the Town of East Fishkill in violation of the provisions of this chapter.
[Added 6-27-2013 by L.L. No. 5-2013]