Town of Berne, NY Chapter 79 Assemblies, Mass Public

[HISTORY: Adopted by the Town Board of the Town of Berne 7-8-1970. Amendments noted where applicable.]

§ 79-1 Title.

This chapter may be cited as "The Town of Berne Public Assembly Ordinance."

§ 79-2 Findings.

The Town Board of the Town of Berne hereby finds that assemblies of more than 1,500 persons can cause disorder, tumult, traffic congestion, unsanitary and dangerous conditions, and that enactment of this chapter is desirable to preserve the peace and good order of the Town, to prevent and suppress vice and immorality, tumultuous assemblages, unnecessary crowds upon the highways, unreasonable loud or disturbing noises, and to prevent disorderly, noisy or riotous conduct within the Town.

§ 79-3 Permit required for certain gatherings.

No gathering of a group of people for entertainment for common or similar purpose shall be held in the Town of Berne where the attendance will or can reasonably be expected to exceed 1,500 people for any event without a written permit from the Town Board.

§ 79-4 Permit application.

Applicants for such permit shall present to the Town Board such information as the Town Board may deem necessary for it to make the determinations listed in the following section of this chapter.

§ 79-5 Conditions for issuance of permit.

A permit may be issued by the Town Board only if it finds that the following conditions have been met:

A. That adequate provisions be made for a pure water supply and sanitary facilities approved by the State of New York, County of Albany and Town of Berne health authorities, and that the applicant meets the minimum requirements of state, county and Town health codes.

B. That a bond with sufficient sureties be provided exempting the Town of Berne and its property owners in the amount of not less than $150,000 against damage caused by trespass, vandalism, or other acts to the property of the Town or its property owners arising from the holding or such event.

C. That a set of plans be furnished for adequate and controlled off-highway parking to accommodate the number of people who will attend the event.

D. That a set of plans be supplied which will set forth the public highways to be used leading to the site where such gathering is to be held, and that such highways will be adequate to accommodate the traffic, and that the ordinary flow of traffic over said highways is not unreasonably interfered with and that no one-way traffic be required on any of such highways.

E. That the applicant must set forth the place of the anticipated event, the length of time of the event, the number of people who will attend and the type of event being scheduled.

F. That the applicants are responsible persons and are capable of organizing and operating said assemblage in conformance with law and this chapter.

§ 79-6 Filing of application; appeals.

The application must be filed with the Town Clerk at least 20 days before the scheduled event. In the event the Town Board refuses to grant such a permit, the applicants will be given a hearing by the Town Board upon request.

§ 79-7 Revocation of permit.

The permit issued hereunder may be immediately revoked and the applicant's objections to the penalties hereinafter set forth if:

A. The public assemblage is not held in accordance with the plans and details submitted in the application.

B. Unlawful events shall take place at such event.

C. The duly authorized and acting peace officers are denied free access to the site where such event is held at all times during such event.

D. Refuse accumulated at such gathering, is not deposited in proper receptacles and disposed of in accordance with law and, in particular, the ordinances of the Town of Berne.

§ 79-8 Penalties for offenses.

A violation of this chapter shall be a misdemeanor, and any person who shall in any manner shall actively participate in the violation of this chapter shall be liable to a term of imprisonment for a period not to exceed one year or to a fine not to exceed $1,000, or both. Any corporation violating the terms of this chapter shall be liable to a fine of not less than $5,000 or not more than twice the gross receipts from said event. Nothing contained herein shall prevent the Town of Berne from maintaining an action in any court of competent jurisdiction to enjoin the holding of any event or assembly without a permit issued by the Town Board.