Town of Dover, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Dover 3-13-1978 by L.L. No. 2-1978. Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 101.
Noise — See Ch. 107.

§ 39-1 Special permit required.

No person, partnership, corporation or association shall hold, permit to be held or promote an event of any kind in the Town of Dover which might be reasonably expected to attract an outdoor gathering of more than 2,500 persons in one day without a special permit issued by the Town Board in accordance with this chapter.

§ 39-2 Application.

A. 
Written application for a special permit shall be made to the Town Board at least 90 days prior to the first day for which the event is scheduled.
B. 
Application shall be made by way of a verified petition containing the following:
(1) 
The name, age and residence of the applicant(s); if the applicant is a partnership, the same information for each partner; if a corporation, the same information for all directors, officers and shareholders owning in excess of 5% of each class of stock.
(2) 
The name and address of the owner(s) of the property upon which the event is to be conducted, the names and addresses of all adjoining owners and owners of property within 1,000 feet thereof.
(3) 
A detailed description of the nature of the event, including the date(s), hours, admission and other pertinent details.
(4) 
A survey map showing the boundary of the subject property; the location of any improvements or facilities thereon, whether permanent or temporary, existing or proposed; parking areas; watercourses; drainage areas; contours of the property in intervals of 10 feet or less; and the location of all roads, including all proposed roadways for the movement of traffic within the property.
(5) 
A map showing the location of all roadways furnishing access to the premises and a detailed description of the method for maintaining safe and convenient movement of all vehicular and pedestrian traffic to and from the site, including all parking facilities.
(6) 
A detailed description of the proposed means of disposal of all sanitary sewage, including the location and description of the facilities proposed.
(7) 
A detailed description of the proposed means for furnishing water for drinking and other purposes as well as all proposed means of food services and the furnishing of medical services and supplies, including the names and addresses of any and all contractors to furnish such services and all pertinent information as to the location of pharmaceutical and emergency medical services.
(8) 
A detailed description of the proposed methods for handling and disposing of all trash, rubbish and garbage.
(9) 
A detailed description of the proposed means for maintenance of security, including a description of any private security patrol to be maintained.
(10) 
A description of all insurance policies and surety bonds to be furnished by the applicant to protect the Town of Dover and its officers and employees from any and all liability and authorization for the Town of Dover, the County of Dutchess and any agent of the state or other municipal government to enter and inspect the premises proposed to be used.
C. 
All applications shall be accompanied by a fee in a sum set by simple resolution of the Town Board, in order to defray the costs of administering this chapter. In addition, the applicant must reimburse the Town of Dover for any reasonable sums expended for necessary or appropriate engineering and other professional assistance solicited and obtained by the town in order to act upon the application.

§ 39-3 Issuance of special permit.

A. 
After a public hearing of at least 10 days' notice published in the official newspaper in the Town of Dover, the Town Board may grant a special permit for the proposed event. In considering the application, the Town Board shall be guided by the following criteria:
(1) 
The proposed use must be designed, located and operated so as to protect the public health, safety and welfare of the community.
(2) 
The means for providing water for drinking or other purposes and for disposal of sanitary wastes must have been approved, in writing, by the Dutchess County Board of Health.
(3) 
The proposed use must not cause injury to the value of other property in the neighborhood in which it is to be located.
(4) 
The proposed use must not cause undue traffic congestion or create a traffic hazard.
(5) 
The proposed use must be appropriately located with respect to transportation facilities, water supply, fire protection, waste disposal and other necessary services and/or facilities.
(6) 
The proposed site must be suitable for such proposed use and not impose a threat of pollution upon the natural resources of the town.
B. 
No such permit, however, shall be issued unless the applicant shall furnish a surety bond or cash undertaking in a reasonable amount to be set by the Town Board, conditioned upon the repair of any damage to public or private property and the removal of any and all rubbish on public or private property resulting from the proposed event and, further, that the applicant furnish a certificate of insurance in a reasonable amount to be set by the Town Board, no less than the sum of at least $1,000,000. In any such policy of insurance the Town of Dover shall be named as an insured, and such policy shall be sufficient in form to insure, indemnify and save the town harmless from any liability from causes of action that might arise by reason of granting the permit.

§ 39-4 Penalties for offenses.

Any person, firm or corporation who or which violates or neglects and refuses to comply with this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than $500 or imprisonment for a period of not more than six months, or both.

§ 39-5 Title.

This chapter shall be known and may be cited as the "Mass Gatherings Law of the Town of Dover."

§ 39-6 Exception.

Notwithstanding anything to the contrary, this chapter shall not apply to persons, firms or corporations, including educational institutions, who or which shall have previously conducted events in the Town of Dover attracting an excess of 2,500 persons in one day, so long as such events are conducted for bona fide charitable or educational purposes.