[HISTORY: Adopted by the Town Board of the
Town of Rotterdam 6-17-1981 by L.L. No. 7-1981. Amendments noted where applicable.]
This chapter shall be known as the "Rotterdam
Mass Gatherings Local Law."
The Rotterdam Town Board, for the purpose of
preserving the public peace and good order, preventing and suppressing
riots, tumultuous assemblages, unnecessary crowds upon the public
highways, unreasonably loud or disturbing noises and disorderly conduct
within the Town of Rotterdam and for the purpose of promoting the
health, safety and general welfare of the community, including the
protection and preservation of the property of the Town and of its
inhabitants and peace and good order, finds that it is in the public
interest to enact this chapter.
A.
Word usage. Words in the present tense include the
future; the singular number includes the plural; the masculine shall
include the feminine; "shall" is mandatory; and "may" is permissive.
B.
BUILDING
MASS GATHERING
PERSON
STRUCTURE
Definitions. Unless otherwise expressly stated, the
following terms shall, for the purpose of this chapter, have the meanings
herein indicated:
A structure wholly or partially enclosed with exterior walls
and a roof, of permanent or temporary nature, affording shelter to
persons, animals or property.
A gathering of more than 1,000 persons within a twelve-hour
period at a gathering conducted essentially out of doors.
Any individual, firm, company, association, society, corporation
or group.
A combination of materials to form a construction that is
safe and stable and includes, among other things, stadiums, stages,
prop forms, radio towers, sheds, storage bins, tents, billboards,
space signs, bleachers, ramps and seats.
A.
No person shall use, allow, let or permit to be used
land for a mass gathering, or hold or promote by advertising or otherwise
a mass gathering, until a written permit authorizing such mass gathering
has been issued by the Rotterdam Town Clerk after authorization of
such permit by the Rotterdam Town Board.
B.
Application for such permit shall be by verified petition
of the applicant, addressed to the Town Board and filed by the Town
Clerk at least 60 days prior to the date of the mass gathering. The
Town Board shall act upon the application within 45 days of such filing.
Such application shall include the following information:
(1)
A statement of the name, age and residence address
of the applicant and, if the applicant is a corporation, the names
and addresses of its directors and officers. If the applicant does
not reside within the Town of Rotterdam, the application shall state
the name and address of an agent who shall be a natural person residing
in or having a place of business in Schenectady County, New York,
who is authorized by the applicant and who shall agree by verified
statement to accept notices for summonses issued with respect to the
application, the conduct of the mass gathering and the provisions
of this chapter.
(2)
A statement containing the name and address of the
record owner of the property and of any persons having the right to
occupy said premises or any part thereof under a written lease, license
or permit.
(3)
A statement of the proposed dates and hours of such
mass gathering; the maximum dates and hours of such mass gathering;
the proposed maximum number of persons who will be permitted to attend
the mass gathering; the maximum proposed number of motor vehicles
which will be permitted at said mass gathering at any one time and
in total; the measures and facilities proposed to limit the number
of persons attending to the maximum number proposed; the purpose of
the mass gathering; the nature of any entertainment to be provided
thereat and the names and addresses of any entertainers to be provided
by the applicant or its agent; and the admission fee to be charged,
if any.
(4)
A survey prepared by a licensed engineer or land surveyor
of the premises upon which the mass gathering is to be conducted and
of any premises to be used for motor vehicle parking or otherwise
in connection therewith, together with a statement of the zoning district
of such property, the names and addresses of the record owners of
adjoining properties, the abutting streets or highways, showing the
size and location of existing and proposed buildings or structures
to be used in connection with said mass gathering, together with a
statement or drawing to scale of the type and materials of each proposed
or existing building or structure.
(5)
A plan or drawing to scale prepared by a licensed
engineer or land surveyor showing the method and manner in which:
(a)
Sanitary facilities are to be provided for the
disposal of sewage, garbage, trash and other debris.
(b)
The method and manner of providing adequate
and suitable off-street parking for motor vehicles for persons attending
such mass gathering, including the layout of such parking area or
areas, the surface or pavement thereof, the manner of designating
parking spaces for individual motor vehicles and access drives, the
proposed illumination planned for such areas, a statement of the proposed
method of suppressing dust and a description of any maintenance equipment
or vehicles.
(6)
A statement containing the type, size, wattage, number
and location of any sound amplifier or loudspeaker, sound truck or
other similar sound equipment.
(7)
A statement specifying the method of preparation,
service and distribution of any foods and beverages to be prepared,
sold or distributed at the mass gathering or in connection therewith
by the applicant or his agents or licensees, together with a statement
of the method of disposing of garbage, trash, rubbish or any other
refuse arising therefrom. If any food or beverage is to be prepared,
sold, served or distributed, a plan or drawing to scale must be attached
to the application showing the buildings or structures from which
the food or beverage is to be prepared, served, sold or distributed.
(8)
A statement specifying whether any private security
guards or police will be engaged and, if so, the number and duties
to be performed, including the hours to be worked and areas of responsibility,
and their minimum employment qualifications.
(9)
A statement specifying the precautions to be utilized
for fire protection, including a plan or drawing to scale specifying
the location of fire lanes and water supply for fire control.
(10)
A statement specifying the facilities and personnel
to be available for the emergency treatment of any person who may
require medical or nursing attention.
(11)
A statement specifying whether any camping or housing
facilities are to be available and, if so, a plan drawn to scale showing
the intended number and location of the same.
C.
No permit shall be issued until a public hearing has
been held by and before the Rotterdam Town Board to consider such
application. At least 10 days' notice of the time and place of such
hearing shall be published in the official newspaper of the Town of
Rotterdam.
D.
Issuance of permit; procedure upon finding items inadequate.
(1)
No permit shall be issued until the Town Board shall
find the following:
(a)
The application filed with the Town Clerk contains
all of the information and attachments hereinbefore required.
(b)
Toilet facilities adequate in number and suitable
in design are proposed for the mass gathering. Such facilities are
to be so located as to be conveniently available and shall be so constructed
and maintained that they will not be offensive. Such facilities shall
be arranged to be separate for each sex.
(c)
Adequate provision is made for the collection
and disposal of solid wastes, garbage and trash.
(d)
Adequate provision is made for off-street parking,
including an adequate system of access drives with suitable surface
or pavement and night illumination of the same with a safe and proper
electrical supply and emergency electrical supply for such night illumination.
(e)
Adequate provision is made for the proper disposal
of existing and reasonably potential surface water.
(f)
An adequate sound-amplification system may be
provided which will enable persons attending the mass gathering to
hear transmissions therefrom without creating unreasonable noise on
properties outside the mass gathering areas.
(g)
The facilities and plans for the preparation,
service and distribution of foods and beverages to be sold or distributed
at the mass gathering would provide an adequate and sanitary supply
of wholesome food to the persons reasonably expected to attend the
mass gathering, and the method of disposing of garbage, trash, rubbish
and other refuse therefrom is adequate to prevent hazard to health
and nuisance on the premises or on adjoining premises.
(h)
The applicant's plan for providing private security
guards or police is adequate in the number of security guards or police
to be provided, the minimum employment qualifications of such guards
or police and the hours during which the same will be present at the
site of the mass gathering.
(i)
The applicant's outdoor lighting and illumination
plan provides necessary lighting on the mass gathering premises without
creating unreasonable illumination of adjoining premises and adjoining
highways, and such plan includes adequate emergency electrical generating
facilities on the premises in the event of a power failure.
(j)
The applicant's plan for emergency medical and
nursing treatment is adequate.
(k)
The applicant's plan for camping or housing
facilities to be available for persons attending such mass gathering
provides an adequate number of reasonable facilities.
(l)
The applicant has made adequate provision for
fire prevention and fire protection.
(m)
Adequate provision is made by fencing to protect
adjoining properties.
(n)
The mass gathering site is served by public
highways sufficient in number and adequate in type and width to prevent
unreasonable traffic congestion within the Town of Rotterdam.
(o)
The proposed mass gathering would not unreasonably
interfere with the rights of owners and occupants of adjoining and
neighboring lands to reasonably use and enjoy such adjoining and neighboring
lands, and such mass gathering would not create a public nuisance.
(2)
If the Town Board determines that any of the items enumerated in Subsection D(1)(a) through (o) are inadequate in the interests of public health, morals and welfare, or because of noncompliance with state, county or Town laws, ordinances, codes, rules or regulations, it shall advise the applicant in what manner the same are inadequate and specify minimum acceptable requirements with respect to those terms.
E.
No permit shall be issued until all persons interested
in the lands upon which such mass gathering is to be held shall furnish
the Town with written authorization for the Town and its agents to
go upon such property at any time from and after the filing of such
application and until 20 days after the end of such mass gathering
for the purpose of inspecting such premises, the facilities provided
and to be provided thereon and the cleaning of said premises and adjoining
premises after the termination of the mass gathering. Such authorizations
shall be irrevocable during such period.
F.
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 person or property with limits
of not less than $500,000/$1,000,000 for bodily injury or death, and
limits of not less than $500,000 for property damage, sufficient to
save the Town harmless from any liability or cause of action which
might arise by reason of the granting of the permit, and not cancellable
without 10 days' prior written notice to the Town. The applicant shall
further provide a security deposit of $500 with the Town to insure
the removal of trash and other waste material as hereinafter provided,
which deposit shall be returned to the applicant within 10 days from
the date of the termination of the assembly after deduction therefrom
of all expenses caused by the applicant's noncompliance to remove
said trash and other waste material.
G.
Within five days from the end of such mass gathering,
all trash, papers, garbage and other waste material shall be removed
from the mass gathering premises, and such premises shall be restored
to the same condition in which it was found at the time of the filing
with the Town of Rotterdam Town Clerk of the application for such
mass gathering. All trash, papers, garbage and other refuse shall
be removed from the public highways within five days of the termination
of such mass gathering for a distance to be specified by the Town
Board in the permit granted the applicant.
H.
Any permit hereunder may be revoked by the Town Board
upon a finding that the applicant has failed to provide the facilities
specified in its application or required by the Town or in the event
that the Town shall find that the facilities to be provided by the
applicant cannot be reasonably provided within the time remaining
until the scheduled date of the mass gathering.
A.
Any violation of this chapter by any person, firm
or corporation shall constitute a violation and shall be punishable
by a fine not less than $500 and no more than the sum of $1,000 or
imprisonment for a period not to exceed 15 days, or both, for conviction
of a first offense. Each subsequent violation will be punishable by
a fine of not less than $1,000 nor more than $2,000 or imprisonment
for a period not to exceed 15 days, or both. Each day of continued
violation shall constitute a separate, additional offense.
[Amended 3-12-1986 by L.L. No. 4-1986; 6-12-2013 by L.L. No. 7-2013]
B.
In addition to any penalty provided by law, the Town
Board may maintain an action or proceeding in the name of the Town
in any court of competent jurisdiction to compel compliance with or
to restrain violation of this chapter.
