[HISTORY: Adopted by the Town Board of the Town of Fenton 8-3-1977 as L.L. No. 6-1977. Amendments noted where applicable.]
This chapter may be designated and cited as the "Mass Gatherings Law of the Town of Fenton."
No person, partnership, association, corporation, organization, landowner, lessee or other entity shall hold, permit to be held or promote an outdoor public musical event, amusement or other assembly which is to be held within the town of Fenton and which might reasonably be expected to attract 2,500 persons or more without first obtaining a special permit issued by the Town Board of the Town of Fenton.
Written application for a special permit for the outdoor musical event shall be made to the Town Board of the Town of Fenton by submission to the Town Clerk at least 90 days prior to the first day the event is to be held. The Town Board shall approve or deny the permit application within 60 days. The applicant shall submit a fee, as set forth from time to time by resolution of the Town Board, with the application, in cash or by certified check, to defray the cost of administering this chapter.[2]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
[2]
Editor's Note: See Ch. A154, Fees.
Each application for a special permit shall be by verified petition, addressed to the Town Board, and shall contain the following:
A. 
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 directors, officers and stockholders owning 5% or more of the number of shares outstanding of each class of stock; if the applicant is a partnership or other entity, the names, addresses and ages of every individual associated with the partnership or other entity.
B. 
A statement of the name and address of the owner of the property upon which the event is to occur and the nature and interest of the applicant therein; the proposed dates and hours of the event; the maximum number of persons intended to use the property at one time and collectively; the number of automobiles and other vehicles intended to use the property at one time and collectively; the purpose of the function, including the nature of the activities to be carried on and the admission fees to be charged; and the names and addresses of all concessionaires and other persons providing services or facilities under contract, lease or other arrangement for the event.
C. 
A survey map prepared by a professional engineer licensed by the State New York showing the size of the property, the names of the record owners of the adjoining properties, the streets or highways abutting the property, the size and location of any existing or proposed structures or facilities to be used for the assembly, the placement of the proposed water distribution system, the location of parking areas for automobiles and other vehicles, the means of ingress and egress to the parking areas and the service, public and private roads serving the camping areas, food service areas, toilet facilities, garbage and refuse collection facilities and entertainment and performance areas.
D. 
A detailed plan, with drawings and written explanation, showing the methods to be used for the disposal of sanitary sewage.
E. 
A detailed plan with drawings and written explanation showing the system for supply, storage, treatment and distribution of drinking water.
F. 
A detailed plan with drawings and written explanation showing the layout of the parking areas for automobiles and other vehicles and the methods of traffic control to be used thereon.
G. 
A statement specifying whether food or beverage is intended to be prepared, sold or distributed. If food or beverage is intended to be prepared sold or distributed, a statement specifying the method of preparation and distribution of the food or beverage.
H. 
A detailed plan with drawings and written explanation showing the method and means of disposing of garbage, trash, rubbish and other refuse.
I. 
A statement specifying whether private security personnel will serve on or about the site during the event and, if so, the names and address of such persons, the duties to be performed by such persons and the qualifications and source of such persons.
J. 
A detailed plan providing for fire protection, specifying the location of fire lanes, water supply and equipment or apparatus to be available for fire control.
K. 
A detailed plan specifying the facilities to be available for medical, surgical, nursing and ambulance service, and including the names and addresses of all doctors, nurses, pharmacists and ambulance services the applicant will provide for the event.
L. 
A detailed description of all insurance policies and surety bonds to be provided by the applicant for the protection of the general public, the Town of Fenton and its various public bodies, officers and employees.
M. 
A subscribed authorization from the landowner and the applicant to the Town of Fenton and the County of Broome to permit the town and county and their lawful agents to go upon the property to inspect the same to determine if there is compliance with the requirements of this chapter and the permit, to inspect to determine if there is compliance with all other state and local laws, to provide adequate police and fire protection and to protect persons and property from danger.
N. 
A statement subscribed by the applicant stating the maximum number of tickets to be sold, given or otherwise issued.
O. 
A statement subscribed by the applicant stating that the applicant shall not allow more persons to attend the event than is specified in the permit.
The Town Board, before issuing any permit, may seek advice from any or all of the following agencies:
A. 
The New York State Department of Health as to any proposed sanitary sewage system, lavatories or toilets;
B. 
The New York State Department of Health and the New York State Water Resources Commission as to any proposed system for the supply, storage and distribution of water.
C. 
The Broome County Department of Public Works, the New York State Department of Transportation, the Broome County Sheriff's Department, the New York State Police, and the Chief of the Fire Department having jurisdiction over the site as to the proposed parking areas and the means of ingress and egress to such parking areas.
D. 
The Zoning Board of Appeals as to the proposed type, number and location of any sound-producing equipment, outdoor lights or signs.
E. 
The New York State Department of Health as to the proposed method of preparing, selling or distributing food or beverage and the removal of refuse, trash, rubbish or garbage.
F. 
The Broome County Sheriff's Department and the New York State Police as to any police protection.
G. 
The Chief of the Fire Department having jurisdiction over the site and the Fire Coordinator of Broome County as to any proposed fire protection system.
H. 
The New York State Department of Health as to any proposed facilities for emergency medical or nursing treatment.
I. 
The Zoning Board of Appeals and the New York State Department of Health as to any proposed camping, housing or sleeping areas or facilities.
A. 
No permit shall issue unless the applicant shall furnish to the Town of Fenton at least 15 days prior to the outdoor musical event a comprehensive liability insurance policy insuring the town against liability for damage to persons or property with limits of not less than five hundred thousand/one million dollars ($500,000./$1,000,000.) for bodily injury or death and limits of not less than $500,000 for property damage, sufficient in form to insure, indemnify and save the town harmless from any liability or causes of action that might arise by reason of granting of the permit. This insurance shall be noncancelable without 10 days' prior written notice to the town.
B. 
No permit shall issue unless the applicant deposits with the Clerk of the Town of Fenton cash or a bond with sufficient sureties approved by the Town Board, in such sum not less than $100,000, as the Town Board may reasonably require, and conditioned that all requirements of the permit will be fully performed by the applicant, 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 by reason of the granting of the permit. The cash shall be refunded or surety company bond canceled upon certification by the Fenton Town Board that all conditions of this chapter have been complied with. The surety bond or cash shall serve as an indemnity to save and protect the streets, pavements, bridges, road signs and other property of the Town of Fenton, the County of Broome and any other town and village within the county from any and all damage that may be caused by vehicles, employees or participants in the event, to be used to restore the ground where the event is held to a sanitary condition and to pay all charges and losses to the Town of Fenton and the County of Broome and its respective towns and villages for damages to streets, pavements, bridges and other property.
No permit shall be issued unless all of the provisions for the event described in the application are determined by the Town Board to sufficiently safeguard the safety, health, welfare and well-being of persons and property and unless it is in compliance with all other requirements of this chapter, other local laws of the town, the regulations of the New York State Department of Health, the State Environmental Quality Review Law,[1] and any other applicable laws and regulations.
[1]
Editor's Note: See Environmental Conservation Law § 8-010 et seq.
A permit issued pursuant to this chapter may be immediately suspended or revoked by the Town Board after public hearing if the provisions of this chapter, requirements of the Broome County Health Department or conditions of the permit are not complied with or adhered to.
A. 
A person who violates any provision of this chapter shall have committed an offense punishable by a fine not to exceed $500 or 60 days in jail, or both. Each day such violation exists or continues shall constitute a separate offense.
B. 
In addition to the penalties described above, the Town Board may also 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.