[HISTORY: Adopted by the Town Board of the Town of Dover 3-13-1978
by L.L. No. 2-1978. Amendments noted where applicable.]
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.
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.
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.
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.
This chapter shall be known and may be cited as the "Mass Gatherings
Law of the Town of Dover."
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.
