[HISTORY: Adopted by the Town Board of the Town of Horseheads 6-14-1972
as L.L. No. 1-1972. Amendments noted where applicable.]
This chapter shall be known as the "Mass Gathering Law of the Town of
Horseheads."
It is the purpose of this chapter to promote the health, safety, morals
and general welfare of the inhabitants of the Town of Horseheads, Chemung
County, New York, by efficient regulation of mass gatherings.
As used in this chapter, the following terms shall have the meanings
indicated:
Any person holding or promoting by advertising or otherwise a mass
gathering.
Any mass gathering of people which is likely to attract five thousand
(5,000) persons or more and continue for a period exceeding eighteen (18)
hours, to be held in whole or in part within the Town of Horseheads, County
of Chemung, State of New York, excluding the Chemung County Fair held each
year at the Chemung County Fairgrounds.
The written permission from the Town Board of the Town of Horseheads,
County of Chemung, State of New York.
Any natural individual, firm, trust, partnership, association or
corporation.
It shall be unlawful for any person or persons to hold or promote by
advertising or otherwise a mass gathering which is likely to attract five
thousand (5,000) persons or more and continue for a period exceeding eighteen
(18) hours to be held, in whole or in part, within the Town of Horseheads,
County of Chemung, State of New York, unless such person shall first obtain
a permit.
A.
A permit for the holding or promoting by advertising
or otherwise of a mass gathering shall be obtained from the Town Board of
the Town of Horseheads, New York.
A.
The application for the permit for the holding or promoting
by advertising or otherwise of a mass gathering in the Town of Horseheads,
Chemung County, New York, shall be submitted to the Town Clerk of the Town
of Horseheads. The application for the permit shall be filed with the Town
Clerk. The application shall include the following:
(1)
The name and address of the applicant and the name and
addresses of all principals and, if a partnership, association or corporation,
the members thereof and if any members thereof have been convicted of any
crime and, if so, the nature thereof.
(2)
The name and address of the owner(s) of the premises
upon which the mass gathering is to be located and a written consent or lease
by said owner(s) of the premises to the use intended.
(3)
A complete statement containing plans and availability
of proposed police, garbage, fire, water, sewage, toilet and lavatory and
medical facilities and services to be provided for the mass gathering and
as required pursuant to the public health laws. Said applicant shall file
written permission from the Chemung County Department of Health as required
by law. The applicant shall also file with the Town Board written consents
from the Fire Department having jurisdiction of the area in which the event
is to be held that the fire services are adequate for that area. In addition
thereto, said applicant shall also file a written consent from the Police
Department having jurisdiction of that area of the adequacy of the police
protection for said event.
(4)
An undertaking in an amount to be set by the Town Board
of the Town of Horseheads, Chemung County, State of New York, to insure compliance
with the provisions hereof.
(5)
An estimate as to the number of persons expected to be
in attendance at such mass gathering.
(6)
An itemized estimate as to amount of money to be used
to hold and promote the mass gathering.
(7)
The location of the land upon which the mass gathering
is to be held.
B.
The application and all accompanying plans and undertakings
shall be filed in triplicate. Upon receipt of the application, the Town Clerk
shall transmit one (1) copy of the application to the Town Board of the Town
of Horseheads. Another copy shall remain with the Town Clerk for public record.
The third copy shall be transmitted to the County Health Department.
The Town Board, in reviewing applications for permits for approval,
shall determine whether said gathering will be held in conformity with the
requirements as herein set forth in order that the mass gathering can be held
without hazard to health and safety.
A mass gathering shall conform to the following requirements:
A.
Garbage receptacles. Garbage receptacles must be provided
to ensure proper disposal of all garbage and rubbish. The cans shall be kept
in sanitary conditions at all times. Garbage and rubbish shall be collected
and disposed of as frequently as may be necessary to ensure that such receptacles
shall not overflow. Said applicant shall also file with the Town Board a contract
showing that it has contracted for adequate disposal of all garbage and rubbish
for said event.
B.
Undertaking. An undertaking shall be deposited with the
Town Clerk after the amount is set by the Town Board to insure compliance
with the provisions of this chapter.
C.
Fire protection. Every mass gathering shall be equipped
at all times with adequate fire-extinguishing equipment in good working order,
of such type, size and number and so located on said premises as to satisfy
reasonable and applicable regulations of the Fire Department. No open fires
shall be permitted at any place which may endanger life or property. No fires
shall be left unattended at any time.
D.
Water. An adequate supply of water must be available
to all in attendance at a mass gathering, and the quality must be satisfactory
to the Chemung County Health Department.
E.
Sewage. Facilities shall be provided and maintained for
satisfactory disposal of sewage in accordance with the regulations of the
Chemung County Health Department.
F.
Toilet and lavatory facilities. An adequate quantity
of toilet and lavatory facilities shall be provided of a quality satisfactory
to the Chemung County Health Department.
G.
Medical. Adequate medical and first-aid treatment facilities
shall be provided in accordance with the standards of the Chemung County Health
Department.
No permit shall be issued to any applicant for a mass gathering until
such applicant has complied with all the sanitary and health codes, laws,
regulations and ordinances of the State of New York, County of Chemung and
Town of Horseheads.
The Town Board may revoke any permit to hold or promote by advertising
or otherwise a mass gathering when it becomes apparent that the holder thereof
has failed to comply with any of the requirements or provisions as hereinbefore
set forth.
The permit shall be conspicuously posted on the premises where the mass
gathering is to be held.
Any person, firm, corporation or other violating any provisions of this
chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof,
shall be subject to a fine not exceeding one thousand dollars ($1,000.) or
to imprisonment not exceeding one (1) year, or to both such fine and imprisonment,
for each and every violation; and for each day that such violation continues,
in addition thereto, may be subject to a civil action brought in the name
of the Town of Horseheads to recover any penalty in the sum of two hundred
dollars ($200.) for each said violation. Each day that such violation continues
shall be the basis for a separate action.
