[HISTORY: Adopted by the Town Board of the Town of Mamakating 7-2-1970
by L.L. No. 1-1970. Amendments noted where applicable.]
GENERAL REFERENCES
Public entertainment — See Ch. 59.
Noise — See Ch. 135.
A.
This Town Board, in order to promote proper government
and to ensure the proper protection, order, conduct, safety, health, welfare
and well-being of persons or property within the Town of Mamakating, finds
it is in the public interest to enact this chapter.
B.
This chapter shall regulate the assembly of persons,
where such assembly exceeds 5,000 persons, in public places within the Town
of Mamakating.
A.
Words used in the present tense include the future; the
singular number includes the plural, and the masculine shall include the feminine.
"Shall" is mandatory; "may" is permissive.
B.
ASSEMBLY
BUILDING
PERSON
PUBLIC PLACE
STRUCTURE
TOWN OF MAMAKATING or TOWN
Unless otherwise expressly stated, the following terms
shall, for the purposes of this chapter, have the meaning herein indicated:
The gathering, collecting or congregating of persons with or without
the levy of an admission fee.
A structure wholly or partially enclosed within exterior walls and
a roof, of permanent or temporary nature, affording shelter to persons, animals
or property.
Any individual, firm, company, association, society, corporation
or group.
A place to which the public or a substantial group of persons is
invited or has access.
A combination of materials to form a construction that is safe and
stable and includes, among other things, stadiums, stages, platforms, radio
towers, sheds, storage bins, tents, billboards and display signs.
Includes the Town Board of the Town of Mamakating.
A.
No person shall use, allow, let or permit to be used
property for the assembly of persons in excess of 5,000 unless a written permit
authorizing such use shall have been obtained from the Town Board.
B.
Certain events sponsored by the town may be exempted
from the provisions of this chapter, at the discretion of the Town Board.
[Added 10-4-1990 by L.L. No. 7-1990]
A.
Application for such permit shall be by verified petition
addressed to the Town Board and shall be filed with the Town Clerk at least
20 days prior to the date upon which such assembly is contemplated.
B.
Such application shall include the following written
material:
(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; if the applicant does not reside
in the Town of Mamakating, the name and address of an agent, who shall be
a natural person and shall reside or have a place of business in the Town
of Mamakating and who shall be authorized to and shall agree by verified statement
to accept notices or summonses issued with respect to violations of any law,
ordinances, rules or regulations.
(2)
A statement containing the name and address of the record
owner of the property and the nature and interest of the applicant therein;
the proposed dates and hours of such assembly; the expected minimum number
of persons intended to use the property, at one time and collectively; the
expected number of automobiles and other vehicles intended to use the property,
at one time and collectively; and the purpose of the function, including the
nature of the activities to be carried on and the admission fee to be charged,
if any.
(3)
A map showing the size of the property; the zoning district
in which it is located; the names of the record owners of the adjoining properties;
the streets or highways abutting said property; and the size and location
of any existing building, buildings or structures or of any proposed building,
buildings or structures to be erected for the purpose of the assembly.
(4)
A plan or drawing showing the method to be used for the
disposal of sanitary sewage.
(5)
A plan or drawing showing the method to be used for the
supply, storage and distribution of water.
(6)
A plan or drawing showing the layout of any parking area for automobiles and other vehicles and the means of ingress and egress to such parking area. Such parking area shall conform to the requirements of such of the Town of Mamakating ordinances as may be applicable thereto, whether presently existing or hereafter adopted, including but not limited to zoning ordinances.Editor's Note: See Ch. 199, Zoning.
(7)
A statement containing the type, number and location
of any radio device, sound amplifier, loudspeaker, sound truck or other similar
sound equipment.
(8)
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 such food or beverage and the method of disposing of any
garbage, trash, rubbish or other refuse arising therefrom. If a person other
than the person applying for the permit will be engaged in the sale and distribution
of food or beverage, the name and address of such person shall be submitted.
All garbage, trash, rubbish or other refuse shall be stored until removed
at an unobtrusive area of the premises in securely covered containers. Such
containers shall be maintained in a sanitary condition and shall be cleaned
at least daily. No garbage, trash, rubbish or other refuse shall be removed
from the premises between the hours of 11:00 p.m. and 7:00 a.m.
(9)
A statement specifying whether any private security guards
or police will be engaged and, if so, the names and addresses of such persons
and the duties to be performed by such persons.
(10)
A statement specifying the precautions to be utilized
for fire protection and a map specifying the location of fire lanes and water
supply for fire control.
(11)
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 luminating power of such lights and signs. Such lights and signs
shall conform to the requirements of any applicable town ordinance. In addition,
no light on any part of property of an assembly shall be permitted to shine
more than 250 feet beyond the property line of the property. All exterior
lights on the property shall be so situated or equipped with shielding devises
so that no unreasonable glow shall shine beyond the property line of the assembly.
(12)
A statement specifying the facilities to be available
for emergency treatment of any person who might require immediate medical
or nursing attention.
(13)
A statement specifying whether any camping or housing
facilities are to be available and, if so, a plan showing the intended number
and location of the same.
(14)
A statement that no soot, cinders, smoke, noxious acids,
fumes, gases or unusual odors shall be permitted to unreasonably emanate beyond
the property line of the assembly.
(15)
A statement that no music shall be played in any place
of assembly, either by mechanical device or live performances, in such a manner
that the sound emanating therefrom shall be audible 500 feet beyond the property
line of the place of assembly.
(16)
A statement that no loud, unnecessary or unusual noise
shall be permitted to be made, continued or caused to be made or continued
so as to be audible 500 feet beyond the property line of the assembly.
(17)
A statement that no law, ordinance, rule or regulation
applicable to the place of assembly or enforceable by any governmental authority
will be violated and that the regulations of the New York State Department
of Labor Board of Standards and Appeals for places of public assembly will
be adhered to.
The Town Board, before issuing any permit, shall require the approval
of any or all of the following applicable governmental agencies:
A.
The Sullivan County Health Department, the Town Building
Inspector, the Town Health Officer and the New York State Water Resources
Commission as to any proposed sanitary sewage disposal system.
[Amended 10-4-1990 by L.L. No. 7-1990]
B.
The Sullivan County Health Department, the Town Building
Inspector, the Town Health Officer and the New York State Water Resources
Commission to any proposed system for the supply, storage and distribution
of water.
[Amended 10-4-1990 by L.L. No. 7-1990]
C.
The Sullivan County Highway Department, the New York
State Department of Transportation, the Sullivan County Sheriff's Department,
the New York State Police, the Fire Chief of the controlling Fire District,
the Fire Commissioners of the controlling Fire District and the Fire Advisory
Board of the Town of Mamakating as to the proposed parking area and the means
of ingress and egress to such parking area.
[Amended 10-4-1990 by L.L. No. 7-1990]
D.
The Zoning Board of Appeals and Building Inspector as
to the proposed type, number and location of any sound-producing equipment.
E.
The Sullivan County Health Department and the Town Health
Officer as to the proposed method of preparing, selling or distributing food
or beverage and the removal of trash, rubbish or garbage arising therefrom.
F.
The constables of the Town of Mamakating, the Sullivan
County Sheriff's Department and the New York State Police as to any proposed
private security or police protection.
G.
The Fire Chief of the controlling Fire District, the
Fire Commissioners of the controlling Fire District, the Fire Advisory Board
of the Town of Mamakating and the Fire Coordinator of Sullivan County as to
any proposed fire-protection system.
[Amended 10-4-1990 by L.L. No. 7-1990]
H.
The Zoning Board of Appeals and Building Inspector as
to any proposed outdoor lights and signs.
I.
The Sullivan County Health Department and Town Health
Officer as to any proposed facilities for emergency medical or nursing treatment.
J.
The Town Building Inspector and the Zoning Board of Appeals
as to any proposed camping or housing facilities.
A.
No permit shall be issued unless the owner and his tenant
or licensee, if any, shall furnish the town with written authorization to
permit the town or its lawful agents to go upon the property for the purpose
of inspecting the same, providing adequate police and fire protection and
protecting persons and property from danger.
B.
No permit shall be issued unless the applicant shall
furnish the town with a comprehensive liability insurance policy insuring
the town against liability for damage to persons or property with limits of
not less than $500,000 to $1,000,000 for bodily injury or death and limits
of not less than $500,000 for property damage, sufficient in form to save
the town harmless from any liability or causes of action which might arise
by reason of the granting of the permit, and noncancelable without 10 days'
prior written notice to the town.
C.
No permit shall be issued unless the applicant shall
deposit with the Town Clerk cash or a good surety company bond, approved by
the Town Clerk, 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 by reason of the granting of the permit, which cash shall
be refunded or surety company bond canceled upon certification to the Town
Clerk by the Building Inspector that all conditions of this chapter have been
complied with.
A.
The town may deny the issuance of a permit if it shall find that any of the items as set forth in § 49-4 of this chapter are insufficient to properly safeguard the safety, health, welfare and well-being of persons or property or if the necessary approval of any governmental agency as set forth in § 49-5 of this chapter is not obtained. In no event shall the town withhold its written approval or denial of a permit for a period in excess of 10 days after a full submission to it by an applicant, except by an extension, in writing, given by the applicant.
B.
If, after a permit is issued, the Town Board through its lawful agents determines that any of the items as set forth in § 49-4 of this chapter and as specified in the applicant's verified petition in support of the application for a permit is not adhered to and accomplished within a reasonable time of the date or dates set for the assembly through the time of the assembly or if the necessary approval of any governmental agency as set forth in § 49-5 of this chapter is revoked at any time, such permit shall become null and void.
The applicant shall pay to the town a fee of $100 at such time as he
submits his application, which fee shall be returned by the town if such permit
is not issued.
[Amended 10-4-1990 by L.L. No. 7-1990]
A.
Any person who shall use, allow, let or permit to be
used property for the assembly of persons in excess of 5,000 or any person
who shall cause the gathering, collecting or congregating of persons in excess
of 5,000 persons in public places without having a written permit in accordance
with the provisions of this chapter shall be deemed to have violated this
chapter. Any person who commits or permits any act in violation of any of
the provisions of this chapter shall be deemed to have committed a misdemeanor
against such chapter and shall be liable for the penalties provided.
B.
For each violation of a provision of this chapter, the person violating the same shall be subject to a fine of not more than $1,000 or imprisonment not to exceed one year, or to both such fine and imprisonment. However, all other provisions of Chapter 1, General Provisions, Article II, General Penalty, shall apply.
C.
Any person violating this chapter shall
be subject to a civil penalty enforceable and collectible by the town in the
amount of $10,000 for each offense.
