It is the purpose of this chapter to preserve the public peace
and good order, to prevent riots and tumultuous assemblages, unreasonably
loud or disturbing noises and disorderly, noisy, riotous or tumultuous
conduct; and to promote the health, safety and general welfare of
the community, consistent with the rights of its citizens and inhabitants
and others in the Town of Amenia to peacefully assemble.
Unless otherwise expressly stated, the following terms shall,
for the purposes of this chapter, have the meanings herein indicated:
APPLICANT
Any person, partnership, association, corporation, client
or organization applying for a license under this chapter.
ASSEMBLY
The gathering, collection or congregating of persons with
or without the levy of an admission fee.
LICENSE
A license issued by the Code Enforcement Officer in accordance
with this chapter.
TEMPORARY OUTDOOR PUBLIC GATHERING
For the purpose of this section, a temporary outdoor public
gathering is an event which is likely to attract 350 or more people
at one time.
No person shall use, allow, let or permit to be used any property
for the assembly of 350 or more persons at temporary outdoor public
gatherings unless a license shall have been first obtained from the
Town Board.
A license shall be issued for an assembly at a temporary outdoor
public gathering only after:
A. A completed application has been submitted to the Town Board as outlined
above.
B. The site of the proposed temporary outdoor gathering has been inspected
and approved by the Code Enforcement Officer in regard to compliance
with all laws, codes and ordinances applicable to such site and such
gathering.
C. The applicant has furnished the town with a comprehensive liability
insurance policy, issued by a company duly licensed by the State of
New York, insuring the applicant against liability for damage to persons
or property with limits of not less than $1,000,000 for bodily injury
or death and limits of not less than $100,000 for property damage,
which said policy shall name the town as an additional insured and
shall be noncancelable without prior written notice to the town.
D. Where the expected maximum number of persons shall exceed 1,000 persons
at any assemblage at a temporary outdoor public gathering, as a condition
of the granting of the license, the Town Board may require the licensee
to reimburse the town for police protection as may be deemed necessary
by the Town Board, on recommendation of the Sheriffs Department, to
adequately and safely control and protect the assembly, the assembly
area and traffic in and about the area of the assembly. However, the
licensee shall not be required to reimburse the town in excess of
the actual cost paid by the town for such police protection.
E. The applicant agrees to abide by such conditions as the town may
reasonably impose to ensure compliance with this chapter and for the
general protection of the health, safety and welfare of the persons
and property in the town.
F. The applicant has deposited with the Town Clerk of the Town of Amenia
cash or a good surety company bond, approved by the Town Board, in
a sum not less than $100,000 as the Town Board may reasonably require
and conditioned that all requirements of the license 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 granting of the license. Such 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 Amenia from
any and all damage that may be caused by vehicles, employees or participants
in such event and shall be used, if necessary, to restore the ground
where such event is held to a sanitary condition and pay all charges
and losses to the town for damages to streets, pavements, bridges
and other property.
G. The surety company bond shall be canceled or the cash deposit or
its balance shall be returned within 30 days when the Town Board has
determined that no such damage has been done and that the town did
not incur any additional expense due to said event or that the costs
thereof have been paid by the applicant.
If, after a license is issued, the Town Board determines that
any of the representations and/or statements contained in the application
or any of the conditions of the license have not been complied with,
the Town Board may have the licensee served with a two-day notice
of hearing specifying the manner in which the licensee has not complied
with the terms of its license, and at such hearing the Town Board,
for good cause, may modify or rescind such license, absolutely or
upon conditions.
The Town Board is hereby empowered to waive any specific provision
of this chapter upon written findings that such provision(s) is/are
not required to protect the interests of the town or is not applicable
or appropriate to the specific application being considered.
The applicant shall pay to the town at the time the application
is submitted a fee of $50 per day for each day of operation.
Within three days from the date of the termination of the assembly
at the temporary outdoor public gathering, all trash, paper, garbage
and other waste material generated by such assembly shall be completely
removed from the premises in a safe, clean and sanitary manner. If
after one week the area does not pass a reasonable inspection by the
Code Enforcement Officer, the town shall have the area cleaned using
the surety for payment as needed.