[HISTORY: Adopted by the Town Board of the Town of Schaghticoke 11-17-1980 by L.L. No.
3-1980. Section 86-3F amended at time of adoption
of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted
where applicable.]
The purpose of this chapter is to protect the public health,
welfare, safety, peace and tranquility by regulating mass gatherings
within the Town of Schaghticoke.
For the purposes of this chapter, the following terms shall
have the meanings indicated:
Any assemblage or gathering of people at a carnival, circus,
fair, musical festival, concert, sporting or recreation event or other
public amusement of a temporary nature to which a charge is made for
admission or in connection with which a charge is made for the use
or enjoyment of any facility or activity thereat or therein; however,
such term "mass gathering" shall not include any activity having less
than 250 people in attendance, nor shall the term apply to the operations,
activities or affairs of any duly established municipal, educational,
historical, fire-fighting, religious or agricultural/horticultural
organization or institution located in the Town of Schaghticoke, nor
to any political party qualified for a line on the ballot in a general
election [i.e., a party receiving at least 5% of the vote in the last
gubernatorial election].
No person, firm, corporation or company shall hold or promote,
by advertising or otherwise, a mass gathering unless a permit shall
have been issued therefor by the Town Board of the Town of Schaghticoke
as herein provided.
A.
An application for a permit under this section shall be submitted
to the Town Board of the Town of Schaghticoke no less than 60 days
prior to the proposed activity. A permit under this section may be
issued by the Town Board upon the written application by the person
who will promote or hold the mass gathering. The application may be
in letter form and shall contain the following information:
(1)
The exact location of the mass gathering.
(2)
The name and address of the person or persons holding or promoting
the mass gathering.
(3)
The date or dates and the hours of the proposed mass gathering.
(4)
The name and address of the owner or owners of the property or properties
where the mass gathering will occur.
(5)
The nature of the interest of the applicant in the property or properties.
(6)
The expected number of people in attendance.
(7)
The expected number of vehicles intended to use the property or properties
at one time and collectively.
(8)
The admission fee to be charged.
(9)
The purpose of the mass gathering, including the nature of the activities
to be carried on.
B.
Each application shall be further accompanied by such additional
plans, reports, specifications and other material as may be required
by the Town Board by regulation respecting the proposed provisions
for adequate parking, adequate traffic control, adequate crowd control,
adequate sanitation facilities, adequate medical and first-aid facilities,
adequate potable water supply, adequate fire protection, adequate
drainage, adequate food services and adequate refuse, storage and
disposal facilities and adequate plans for cleanup.
C.
Each applicant shall submit a plan or drawing to scale showing the
method and manner in which:
(1)
Sanitary facilities are to be provided for the disposal of human
wastes.
(2)
Water will be supplied, stored and distributed to those persons attending.
(3)
The layout of any parking area for motor vehicles, including the
means of egress from and ingress to such parking areas, with such
plan to reflect the best and safest means of traffic control and safety
for persons attending and the general public.
D.
Each applicant shall submit a statement specifying whether food or
beverage is intended to be prepared, sold and distributed. If food
or beverages are intended to be prepared, sold or distributed, each
applicant shall submit a statement specifying the manner of preparation
and distribution of such and the method of disposing of garbage, trash,
rubbish or any other refuse arising therefrom.
E.
Each applicant for a permit shall submit proof of an adequate comprehensive
liability insurance policy issued by an insurance company insuring
the Town of Schaghticoke, its officers and employees from liability
to persons or property and naming the Town of Schaghticoke, its officers
and employees as being coinsured persons or as additional insured
parties. Such policy shall not be cancelable by the insurer without
10 days' prior written notice to the Town of Schaghticoke.
F.
Each applicant shall deposit with the Town Clerk cash or good surety
company bond, approved by the Town Board, in the minimum 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 Town Code Enforcement Officer that all conditions
of this chapter have been complied with.[1]
G.
If the applicant is a corporation, the name of the corporation and
the names and addresses of its directors shall be set forth. Furthermore,
if the applicant resides outside the County of Rensselaer, the applicant
shall set forth the name and address of an agent, who shall be a natural
person, who shall reside in or have a place of business in the County
of Rensselaer and who shall be authorized to and shall agree by an
acknowledged statement to accept notices or summons issued with respect
to the application, the conduct of the mass gathering and any matter
involving it arising out of the application, construction or enforcement
of this chapter.
Any person or organization holding a permit under this chapter
and every place of public assemblage shall comply with the following
provisions, the violation of which shall be unlawful:
A.
No mass gathering authorized pursuant to the provisions of this chapter
shall extend or be conducted beyond 12:00 midnight of any day, nor
shall any authorized mass gathering commence activity on any day prior
to 9:00 a.m.
B.
No mass gathering authorized herein shall extend for a period in
excess of five consecutive days.
C.
All vehicular parking shall be contiguous to the activity sponsored
by the applicant.
D.
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.
E.
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.
F.
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.
G.
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.
H.
There will be complete removal of refuse and complete cleanup of
the area and location within 72 hours following the mass gathering.
Any permit granted hereunder may be revoked by the Town Board
of the Town of Schaghticoke if it finds that the mass gathering area
for which a permit was issued is maintained, operated or occupied
in violation of this chapter or the Sanitary Code of the State of
New York or of the health district in which such mass gathering takes
place.
If the Town Board of the Town of Schaghticoke shall deny an
application for a permit under this chapter, the Town Clerk of the
Town of Schaghticoke shall notify the applicant in writing of the
disapproval and shall include therein the reasons for such disapproval.
No permit issued by the Town Board 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 at any other time or
on any location other than the date and location stated in the permit
application.
A.
A failure to comply with the provisions of this chapter shall be
deemed a violation and the violator shall be liable to a fine of not
more than $1,000 for each such violation or a violator may be subject
to imprisonment for a period not exceeding 60 days, or both.
B.
In addition to the above-provided penalties, the Town Board may maintain
any action or proceeding in the name of the town in a court of competent
jurisdiction to compel compliance with or restrain by injunction any
violation of this chapter.
