[HISTORY: Adopted by the Board of Trustees of the Village of Croton-on-Hudson 10-18-1976 by L.L. No. 5-1976. Sections 77-4 and 77-5 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Penalties for offenses — See Ch. 1, § 1-12.
Public consumption of alcoholic beverages — See Ch. 72.
Noise — See Ch. 160.
Parks and recreation — See Ch. 168.
The Village Board of Trustees, 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 Village of Croton-on-Hudson, finds that it is in the public interest to enact this chapter. This chapter shall regulate the assembly of persons where such assembly exceeds 250 persons at any place within the Village of Croton-on-Hudson, except where such assembly is organized within the village, a fraternal or civic organization having a chapter within the village or a religious corporation having a house of worship within the village.
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. The word "shall" is mandatory; and "may' is permissive.
B. 
Terms defined. Unless otherwise expressly stated, the following terms, for the purpose of this local law chapter, shall have the meanings herein indicated:
ASSEMBLY
The gathering, collecting or congregating of persons at any place within the village, with or without the levy of an admission fee, for a common purpose, such as but not limited to commercial enterprises, including but not limited to flea markets and bazaars, other than those conducted on a continuing basis in permanent structures approved for such use by the Planning Board, sports events, circuses, carnivals, festivals, music festivals and religious observances.
BUILDING
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.
PERSON
Any individual, firm, company, association, society, corporation or group.
STRUCTURE
A combination of materials to form a construction that is safe and stable, including, 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 250 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 250, unless upon written permit authorizing such use and assembly issued by the Board of Trustees through its Clerk.
B. 
Application for such permit shall be by verified petition on forms to be furnished by the village, addressed to the Board of Trustees and filed with the Village Clerk at least 45 days prior to the date upon which use and assembly shall occur. The Board of Trustees 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 and the names and addresses of its directors and officers; if the applicant does not reside within the Village of Croton-on-Hudson, 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 Westchester and who shall be authorized 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 containing the name, address and 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 plan drawn showing the layout of any parking area for motor vehicles, including the means of egress and ingress to such parking area (for the Police Department).
(4) 
A statement containing the type, number and location of any radio device, sound amplifier, loudspeaker, sound truck or other similar sound equipment.
(5) 
A statement specifying whether food or beverage is intended to be prepared, served or distributed and, if food or beverage is 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. The necessary permits for the distribution of food must be obtained from the County of Westchester.
(6) 
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. (If it is necessary for village police to be brought in on overtime, the applicant will assume the responsibility for payment.)
C. 
No permit shall be issued unless it is clearly shown that all of the following are provided for and approved, in writing, by the Westchester County Department of Health and the Board of Trustees of the Village of Croton-on-Hudson:
(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 and the County of Westchester.
(3) 
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 Westchester County Department of Health.
(4) 
Adequate facilities and arrangements for safe, clean disposal of solid waste, garbage and trash.
(5) 
Adequate supply of food, including provisions for sanitary storage, handling and protection of food and beverages until served or used. Where food is to be prepared or consumed, facilities for washing, disinfecting and storing dishes and food utensils must meet the standards of the Westchester County Department of Health.
(6) 
Adequate off-street and off-road facilities for the contemplated number of people attending the assembly or use.
D. 
No permit shall be issued unless the owner and his tenant or lessee, if any, shall furnish the village with written authorization to permit the village or its lawful agents to go upon the property at any time for the purpose of inspecting the same, the facilities provided thereupon and the cleaning of the premises after termination of the assembly.
E. 
No permit shall be issued unless the applicant shall furnish the village with a comprehensive liability insurance policy insuring the village 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 village harmless from any liability or cause of action which might arise by reason of the granting of the permit, and not cancelable without ten days' prior written notice to the village. The applicant shall further provide a security deposit with the village, in an amount to be set by the Board of Trustees 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 ten 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.
F. 
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.
G. 
Any permit issued may be revoked by the Board of Trustees 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.
Each application shall be accompanied by a fee in an amount set by resolution of the Board of Trustees.[2] The fee shall compensate the village for its examination and processing of such application and shall not be refundable in whole or in part.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
[2]
Editor's Note: The current fee resolution is on file in the office of the Village Clerk.
A. 
Any person who shall use, allow, let or permit to be used property for the assembly of persons in excess of 250 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 250 persons, or any person who shall cause the gathering, collecting or congregating of persons in excess of 250 at any place within 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 shall be liable for the penalties provided in § 1-12 of Chapter 1, General Provisions. 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.
B. 
In addition to the above-provided penalties, the Board of Trustees may maintain an action or proceeding in the name of the village in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.