[HISTORY: Adopted by the Town Board of the Town of Milton 3-19-1997
by L.L. No. 5-1997. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 180.
This chapter shall be known and cited as the "Public Assemblage Law
of the Town of Milton."
This chapter is enacted for the purpose of protecting, preserving and
assuring the health, welfare, safety and morals of the residents and inhabitants
of the Town of Milton and sojourners therein, as well as preventing riots,
disorderly crowds and/or assemblages therein, unsafe, unsanitary or other
conditions leading to, creating, causing, inciting or making possible a threat
to the health, welfare and safety of the Town, its orderly administration
and control by duly elected, acting or authorized officers, agents and/or
employees and the prevention of spread of disease and the creation of unhealthy
conditions, the violation of sanitary requirements, the elimination of excessive
crowds, traffic congestion and/or other such hazards to the public safety
and welfare and the preservation of the peace in said Town, its residents,
inhabitants, property owners, both public and private, and sojourners therein,
together with the protection of public property in said Town and the general
health, welfare, safety and morals of the Towns surrounding, adjacent or near
to the Town of Milton in the County of Saratoga and state, county and Town
roads and/or highways leading thereto and therefrom.
As used in this chapter, the following terms shall have the meanings
indicated:
The type of assemblage which shall not:
No person, firm, corporation (public or private) or company may sponsor,
conduct, operate or allow or permit the use of his property or premises, whether
improved or not and whether contiguous or not, for the conduct of a public
assemblage unless a permit authorizing said assemblage has been obtained from
the Town Board, except as hereinafter provided. The permit fee shall be in
an amount as set forth from time to time by resolution of the Town Board and
shall be on file in the Town offices.
A.
A preliminary application for such permit shall be in
writing, addressed to the Town Board and filed with the Town Clerk at least
60 days prior to the date upon which such public assemblage shall occur. The
Town Board shall act upon the application within 30 days after its submission.
B.
Application shall be made by the owner of record of real
estate situate in the Town of Milton upon which said proposed public assemblage
is to take place or lessee thereof or duly authorized agent or attorney of
the owner or lessee.
C.
Such application shall include the following information:
(1)
A statement of the name, age and residence address of
the applicant.
(2)
If the applicant is a corporation, the name of the corporation
and the names and addresses of its directors.
(3)
If the applicant does not reside within the Town of Milton,
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 Saratoga and who shall
be authorized to and shall agree by acknowledged statement to accept notices
or summons issued with respect to the application or the conduct of the public
assemblage in any manner involving it or arising out of the application, construction
or application of this chapter.
(4)
A statement containing the name, address and record owner(s)
of the property(ies) where the public assemblage shall occur and the nature
and interest of the applicant therein.
(5)
The proposed dates and hours of such public assemblage.
(6)
The expected minimum number of persons intended to use
the property(ies) at one time and collectively.
(7)
The number of automobiles, motorcycles and other vehicles
intended to use the property(ies) at one time and collectively.
(8)
A general explanation of the activity to be carried on
and the admission fee to be charged, if any.
A.
If the Town Board is satisfied from the information supplied
with the preliminary application that the potential effect of the proposed
public assemblage will have minimal affect upon the public health, safety
and welfare of the people and property of the Town of Milton, a permit may
be granted for such public assemblage.
B.
If the Town Board is not satisfied that the effect of the proposed public assemblage will be minimal as in Subsection A above, a detailed application for permit as is set forth in §§ 66-7 and 66-8 shall be required, and, after the submission and review thereof to the Town Board, a public hearing shall be held upon said application.
Requirements for nonminimal permit applications shall include the following:
A.
A map prepared by a licensed land surveyor or licensed
public engineer showing the size of the property(ies); the zoning district
in which it is located; the names and record owners of the adjoining properties;
the street or highways abutting said property(ies); and the size and location
of any existing building and buildings or structures to be erected for the
purpose of the public assemblage and use.
B.
A plan or drawing to scale prepared by a licensed public
engineer or licensed land surveyor showing the method and manner in which
sanitary facilities are to be provided for the disposal of human waste, garbage
and other debris and the method and manner in which water will be supplied,
stored and distributed to those people attending.
C.
A plan drawn to scale showing the layout of any parking
area for motor vehicles, including the means of ingress and egress to such
parking area.
D.
A statement containing the type, number and location
of any radio device, sound amplifier or loudspeaker or sound truck or other
similar sound equipment or device to be used in connection with such public
assemblage and the manner and purpose of its proposed use.
E.
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 beverages and the method of disposing
of garbage, trash, rubbish or any other refuse arising therefrom. If food
or beverages are to be prepared, sold or distributed, a plan or drawing to
scale must be attached to the application showing the buildings or other structure
from which the food or beverages shall be prepared, sold or distributed.
F.
A statement specifying whether any private security guard
or police will be engaged and, if so, the numbers of and duties to be performed
by such persons, including the hours to be worked and areas of responsibility.
G.
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.
H.
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.
I.
A statement specifying the facilities to be available
for emergency treatment of any person who may require medical or nursing attention.
J.
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 location of the same.
K.
A statement specifying the contemplated duration of the
public assemblage.
L.
If the assemblage and use is to continue from one day
into another, a statement specifying the camping and housing facilities available
or to be made available on the premises and, if such facilities available
on the premises are insufficient for camping and housing the contemplated
number of people in attendance, such facilities available off the premises
or to be made available to persons attending such public assemblage.
No permit requiring a public hearing shall be acted upon and issued
unless it is clearly shown that the following are provided for:
A.
Drinking water adequate in quantity and quality satisfactory
to the Town Board as meeting the State Sanitary Code. Drinking water shall
be readily available to all persons attending the public assemblage. A well
or spring used as a source of drinking water and the structure used for storage
of drinking water shall be so constructed and located as to protect the contents
against pollution. There shall be no physical connection between a pipe carrying
drinking water and a pipe carrying water not of a quality satisfactory to
meet the State Sanitary Code for public consumption. Where a water treatment
process is employed, an accurate and complete report of the process and operation
thereof shall be maintained daily, and no change of the source of or in the
method of treatment of a drinking water supply shall be made without first
notifying the Town Board and securing its written approval to do so.
B.
Toilet facilities adequate for the capacity of the public
assemblage. These facilities shall be so located as to be conveniently available
and shall be so constructed and maintained that they will satisfy the Town
Board and comply with the State Sanitary Code. Toilet facilities for groups
of people consisting of both sexes shall be arranged so that the facilities
shall be separate to each sex. No sanitary facility shall be located or constructed
so that it will by leakage or seepage possibly pollute a water supply, surface
water or adjacent ground surface, and all shall be constructed in accordance
with the requirements of the State Department of Health.
C.
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.
D.
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
or that a sufficient quantity of disposable dishes, cups and utensils will
be provided.
E.
Adequate off-street and off-road facilities for the contemplated
number of people attending the public assemblage. Parking space shall be provided
for at least one car for every four persons in attendance.
F.
Adequate camping or housing facilities for the contemplated
number of people in attendance, if it is contemplated that the assemblage
shall extend from one day to another.
G.
An adequate number of access roads to and from the site
of public assemblage.
H.
Adequate medical facilities, including a first aid station.
It must be shown that at least one doctor shall be on duty at all times and
that at least one registered nurse for each 500 people in attendance will
be on duty at all times.
I.
If any external fires are to be started or maintained
for any purpose and for which a permit is required, such permit shall be obtained
from the Fire District having jurisdiction.
J.
The applicant shall furnish the Town with a comprehensive
liability insurance policy, issued by an insurance company licensed to do
business within the State of New York, insuring the Town, its officers and
employees against liability for damage to person or property within limits
of not less than $500,000 for bodily injury or death of one person and $1,000,000
for bodily injury or death of more than one person arising out of negligence
or any tort liability for which the Town, its officers and employees might
be liable and limits of not less than $500,000 for property damage, or as
determined by the Town Board and approved by the Town Attorney, arising out
of negligence or any other tort liability for which the Town, its officers
and employees might be liable which might arise by reason of the granting
of the permit or the existence of such assembly of persons, which said policy
of insurance shall contain a provision that it shall not be cancelable without
10 days' prior written notice to the Town.
K.
The applicant shall deposit with the Town Clerk cash
or good surety company bond, approved by the Town Board, in the minimum sum
of $100,000 and conditioned that no damage will be done to any public or private
property and that the applicant will not permit any litter, debris or other
refuse to remain upon any public or private property after 72
hours after the termination date of the permit, which cash shall be refunded
or surety company bond canceled upon certification to the Town Board by the
Code Enforcement Officer that all conditions of this chapter have been complied
with.
A.
Any person holding a permit under this chapter and every
place of public assemblage shall comply with the following provisions. Violation
of any of these provisions shall be unlawful.
B.
No light on any part of premises licensed hereunder or
on any place of public assemblage shall be permitted to shine beyond the property
line of the premises with an intensity sufficient to disturb the peace, health,
safety or comfort of any adjacent residents or the general public.
C.
No soot, cinders, smoke, fumes, gases or disagreeable
or unusual odors shall be permitted to emanate from the premises so as to
be detrimental to any person or to the public or which either annoys, disturbs,
injures, endangers or which may disturb, injure or endanger the health, safety
and welfare of any person or the public.
D.
At no time shall music be played by mechanical device
or live performance which annoys, disturbs, injures, endangers or which might
annoy, disturb or endanger any person or the public in their health, comfort,
safety, repose and peace.
E.
No loud, unnecessary or unusual noise shall be permitted
to be made or caused to be made or continued at any time which either annoys,
disturbs, injures or endangers the comfort, repose, health, peace and safety
of other persons or the public.
If the Town Board of the Town of Milton shall deny an application for
a permit under this chapter, it or the Town Clerk of the Town of Milton shall
notify said applicant of the disapproval of said application and shall include
therewith a statement for the reasons for disapproval. The notice of denial
shall be sent by first-class mail.
No permit issued under the provisions of this chapter shall be transferred
or assigned to any person or used by any person other than the person to whom
it was issued, nor shall such permit be used on any location other than the
location stated in such permit.
If, after the permit is issued, the Town Board determines that any of the items set forth in § 66-8 or 66-9 of this chapter is not adhered to and accomplished within a reasonable time prior to the date or dates of such public assemblage or if the Town Board determines that any of the provisions of any section of this chapter has been or is being violated, then such permit shall become null and void.
Nothing herein shall require any duly established municipal, educational,
historical, fire-fighting, recognized fraternal or civic or political party
qualified for a line on the ballot in a general election (i.e., one receiving
at least 5% of the vote in the last gubernatorial election) or religious organization
or institution located in the Town of Milton to apply for or obtain a permit
with regard to any of its operations or its affairs.
A.
Any person who shall violate any provision of this chapter
shall be guilty of an offense punishable by fine not exceeding $250 or imprisonment
for a period not exceeding 15 days, or both. Each day's continued violation
shall constitute a separate offense.
B.
In addition to the above provided penalties, the Town
Board may also maintain any 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.
