[HISTORY: Adopted by the Town Board of the Town of Goshen 6-23-2011 by L.L. No. 1-2011. Amendments noted where applicable.]
Editor's Note: This local law was adopted as Ch. 49D, but was renumbered to maintain the alphabetical sequence of the Code.
Article I Purposes and Definitions
Article II Conditions Pertaining to Temporary Outdoor Public Gatherings
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, morals and general welfare of the community, consonant with the rights of its citizens and inhabitants and others in the Town of Goshen to peacefully assemble.
This chapter shall regulate the assembly of persons at temporary outdoor public gatherings, whether for entertainment or the use of premises for, but not limited to, fairs, rallies festivals, gatherings and the incidental use of such premises for picnicking, excursions and other related activities, whether in concert or individually, where 200 or more persons are expected to congregate in the Town of Goshen.
Unless otherwise expressly stated, the following terms shall, for the purposes of this chapter, have the meanings 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.
- Written authority, issued upon proper written application and payment of a required fee, to conduct a temporary outdoor public gathering as defined herein within the Town of Goshen.
- PUBLIC ENTERTAINMENT
- Includes but is not limited to carnivals, sideshows, menageries, circuses, exhibitions or shows held outside of a regular theater, auditorium or opera house.
- PUBLIC PLACE
- A place to which the public or a substantial group of persons is invited or has access.
- A construction that is safe and stable and includes, among other things, tents, stadiums, amphitheaters and other similar facilities.
No person shall use, allow, let or permit to be used property for the assembly of persons for temporary outdoor public gatherings in excess of 200 persons at each gathering unless a written permit shall have been obtained from the Town Board.
Application for such permit shall be by verified petition addressed to the Town Board and shall be filed with the office of the Town Clerk at least 60 days prior to the date upon which the commencement of such assembly is contemplated, unless otherwise waived by the Town Board. The Town may waive such requirement and accept the filing of an application after the deadline if the Town determines that such late filing shall not have impaired the Town's ability to adequately review the application and all arrangements necessary to hold the event as intended so as to safeguard the protection of public health, safety, public welfare and property by evaluating same according to the criteria set forth.
Such application shall include the following written material:
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 does not reside in the County of Orange, the name and address of an agent, who shall be a natural person and shall reside or have a place of business in the County of Orange, 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.
A statement containing the name and address of the record owner of the subject property or properties and the nature of the interest of the applicant therein; the proposed dates and hours of such assembly; the expected maximum 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.
A map showing the size of the property; the zoning district in which it is located; 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.
A plan or drawing showing the method to be used for the disposal of sanitary sewage.
A plan or drawing showing the method to be used for the supply, storage and distribution of water.
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 provide one parking space for every two persons in attendance unless other mode(s) transportation are utilized.
A statement specifying 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 and beverage, the name and address of such person shall be submitted.
A statement specifying whether any private security guards or police will be engaged, and if so, the number thereof and the duties to be performed by such persons.
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.
A statement specifying the facilities to be available for emergency treatment of any person who might require immediate medical or nursing attention.
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.
A statement that no soot, cinders, smoke, noxious acids, fumes, gases or unusual odors or loud or excessive noises shall be permitted to unreasonably emanate beyond the property line of the assembly.
Such other information as the Town Clerk shall deem necessary or appropriate.
No permit shall be issued unless the permittee shall furnish the Town with written authorization to permit the Town or its lawful agents to go upon the subject property for the purpose of inspecting the same, providing adequate police or fire protection and protecting persons and property from danger.
No permit shall be issued unless the applicant shall furnish 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 to $3,000,000 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. In addition, the applicant shall provide to the Town of Goshen a hold-harmless agreement executed by and/or on behalf of the applicant by the pertinent principal(s).
Where the expected maximum number of persons shall exceed 300 persons at any assemblage, as a condition of the granting of the permit, the Town Board may require the permittee to reimburse the Town for such police protection as may be deemed necessary by the Town Board to adequately and safely control and protect the assembly, the assembly area and traffic in and about the area of the assembly. However, the permittee shall not be required to reimburse the Town in excess of the actual cost paid by the Town for such police protection.
The Town may issue a permit upon such other 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.
If the assembly shall continue during hours of darkness, illumination shall be required sufficient to light the entire area of the assembly as set forth in the pertinent site plan, but not to shine beyond the assembly site plan boundaries.
The Town may deny the issuance of a permit if it shall find that any of the items as set forth in § 45-6 of this chapter are insufficient to properly safeguard the safety, health, welfare and well-being of persons or property. The denial shall be in writing and shall set forth the reason therefore. 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.
If a permit is granted by the Town, such permit shall set forth the maximum number of persons to be permitted to assemble at any one time. The Town, in determining such maximum limit, shall take into consideration the capacity of the site, the facilities to be available and the availability of public highways and other means of transportation to and from the site. In case of entertainment, the applicant shall limit all ticket sales for each performance or series of performances for which admission will be granted to such maximum number and shall include such limitations in all advertising.
Each permit shall expire at the termination of the event for which the permit was issued.
If, after a permit 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 permit have not been complied with, the Town Board may serve upon the permittee's agent for the service of process, as appointed pursuant to Subsection A of § 45-6 hereof, a two-day notice of hearing specifying the manner in which the permittee has not complied with the terms of its permit, and at such hearing the Town Board, for good cause, may modify or rescind such permit, absolutely or upon conditions.
The applicant shall pay to the Town at the time the application is submitted, a processing fee as established by the Town Board and as set forth in the Town of Goshen's Schedule of Fees.
Any person who shall use, allow, let or permit to be used property for the assembly of persons in excess of 200 for temporary outdoor public gatherings or any person who shall cause the gathering, collecting or congregating of persons in excess of 200 for temporary outdoor public gatherings without having a written permit in accordance with the provisions of this article shall be guilty of a violation of this article.
A violation of any of the provisions of this article shall be a misdemeanor, and shall be punishable as hereinafter provided.
A separate offense against this article shall be deemed committed on each day during or on which a violation occurs or continues. A separate penalty may be imposed for each separate offense.
For each violation of this article, 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.
The declaration of any portion of this chapter by a court of competent jurisdiction to be invalid shall not invalidate the entire chapter, but only that part thereof so declared to be invalid, and the remainder of said chapter shall remain in full force and effect.