[HISTORY: Adopted by the Town Board of the Town of Cheektowaga 10-21-1985
as Ch. 43 of the 1985 Code. Amendments noted where applicable.]
This chapter shall be known as the "Mass Gatherings Ordinance."
The Cheektowaga 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 Cheektowaga 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, which shall apply within the Town of Cheektowaga outside of
the limits of the Villages of Depew and Sloan.
Unless otherwise expressly stated, the following terms shall, for the
purpose of this chapter, have the meanings herein indicated. 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.
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, but not including any corporation or association organized or conducted
exclusively for religious, charitable or educational purposes, or any municipal
corporation or any department, agency or subdivision thereof or any school
district or other special improvement district.
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 Cheektowaga Town Clerk after authorization of such permit
by the Cheektowaga Town Board.
B.
Application for such permit shall be by verified petition
of the applicant, addressed to the Town Board and filed with 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 Cheektowaga, 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 Erie 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 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 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 spaced 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 emergency treatment of any person who may require medical
or nursing attention.
C.
No permit shall be issued until a public hearing has
been held by and before the Cheektowaga 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 newspapers of the Town of Cheektowaga.
D.
No permit shall be issued until the Town Board shall
find the following:
(1)
The application filed with the Town Clerk contains all
of the information and attachments hereinbefore required.
(2)
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.
(3)
Adequate provision is made for the collection and disposal
of solid wastes, garbage and trash.
(4)
Adequate provision is made for off-street parking, including
an adequate system of access drives with suitable surface or pavement and
night illumination of same with a safe and proper electrical supply and emergency
electrical supply for such night illumination.
(5)
Adequate provision is made for the proper disposal of
existing and reasonably potential surface water.
(6)
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.
(7)
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 said 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.
(8)
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 same will be present at the site of the mass gathering.
(9)
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.
(10)
The applicant's plan for emergency medical and nursing
treatment is adequate.
(11)
The applicant has made adequate provision for fire prevention
and fire protection.
(12)
Adequate provision is made by fencing to protect adjoining
properties.
(13)
The mass gathering site is served by public highways
sufficient in number and adequate in type and width to prevent unreasonable
traffic congestion with the Town of Cheektowaga.
(14)
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.
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 such 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 until the applicant has executed,
acknowledged and delivered to the Town of Cheektowaga an agreement, in form
approved by the Attorney for the town, to indemnify the town in connection
with liability and claims arising from or in connection with such mass gathering.
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 found at the time of the filing with the Cheektowaga 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 to the applicant.
H.
The applicant shall post a bond suitable to the Town
Board as to amount and surety to insure cleanup and restoration of the area
at which such event takes place.
I.
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.
Any person, group of persons, partnership, association or corporation,
individually or collectively, who shall violate or aid in, take part in or
assist in the violation of this chapter shall be guilty of a violation and,
upon conviction, be punished by a fine not exceeding $1,000 as to an individual
and not exceeding $5,000 as to a corporation.
Should any section or provision of this chapter be decided by any court
to be unconstitutional or invalid, such decision shall not affect the validity
of the chapter as a whole or any part thereof other than the part so decided
to be unconstitutional or invalid.
This chapter shall take effect immediately upon adoption, publication
and posting as required by law.
