[HISTORY: Adopted by the Town Board of the Town of Maine 5-10-1983
by L.L. No. 2-1983. Amendments noted where applicable.]
The purpose of this chapter is to protect the public health, welfare,
safety, peace and tranquility by regulating mass gatherings within the Town
of Maine.
As used in this chapter the following words and terms shall have the
indicated meanings:
Water provided for human consumption, food preparation, or for lavatory,
culinary, bathing or laundry purposes.
An event, parade, concert, convocation, convention, meeting, assembly,
encampment or any other gathering which continues for a period of two or more
hours and which is likely to attract at any one time 2,000 people or more.
[Amended 8-9-1983 by L.L. No. 3-1983]
Except as otherwise provided in this chapter, the Town Clerk of the
Town of Maine.
Any individual, group of individuals, partnership, firm, corporation,
association, political subdivision, government agency, municipality, industry,
estate or any legal entity whatever.
All putrescible and nonputrescible solid waste, including garbage,
rubbish, ashes, incinerator residue, street cleanup, dead animals, offal and
solid commercial waste.
Excreta and the waste from a flush toilet, bath, sink, lavatory,
dishwashing or laundry machine, or the water carried away from any other fixture
or equipment or machine.
The requirements of this chapter shall apply to any mass gathering of
2,000 people or more, except functions sponsored by the United States of America,
the State of New York, Broome County, the Town of Maine, or a school district
all or part of which is located in the Town of Maine.
A.
No person shall hold or promote, by advertising or otherwise,
a mass gathering unless a permit has been issued for the gathering by the
permit-issuing official. No person shall use, allow, let or permit to be used
property for a mass gathering as defined herein unless and until the written
permit authorizing such use and assembly has been issued by the Town Clerk
of the Town of Maine. The Town Clerk shall consult with the Building and Code
Inspector of the Town prior to the issuance of such written permit.
B.
Application for such permit shall be by verified petition
on forms to be furnished by the Town of Maine, addressed to the Town Board
of the Town of Maine, and shall be filed with the Town Clerk at least three
months prior to the date upon which such use and assembly shall occur.
C.
A determination granting or denying permits as herein
provided for shall be made within two months after application therefor. No
permit shall be granted unless the applicant complies with all requirements
of this chapter. Denial of the permit by the Town Board shall be in writing.
Nothing herein shall be deemed to relieve the applicant from compliance with
any other applicable Town of Maine local laws or ordinances.
D.
Separate permits shall be required for each mass gathering.
A separate permit is required for any mass gathering which is separated more
than 48 hours from a previous mass gathering for which a permit had been granted.
E.
Any permit may be revoked by the permit-issuing official
if, after a public hearing on notice to the permittee, it finds that the mass
gathering for which the permit was issued is maintained, operated or occupied
in violation of law, or the Sanitary Code of the State of New York. A permit
may be revoked upon request of the permittee or upon abandonment of operation.
F.
A permit issued for the operation of a mass gathering
shall be kept on file and made available by the operator on request.
A.
Every existing and proposed water supply serving a mass
gathering shall conform to all applicable requirements of Part 5 of the State's Sanitary Code, and, in addition,
shall meet the following requirements:
(1)
Drinking water shall be of a quality satisfactory to
the permit-issuing official. Such determination of quality shall be made by
the permit-issuing official with the advise and consent of the County Health
Department.
(2)
There shall be no physical connection between a pipe
carrying drinking water and a nonpotable water supply. A fixture, installation
or equipment from which back siphonage may occur, shall not be supplied water
from a pipe carrying drinking water.
(3)
A common drinking utensil shall not be provided. Drinking
fountains shall be of approved sanitary design and construction.
(4)
Any interruption in treatment of a drinking water supply
shall be reported immediately to the permit-issuing official. No change in
the source or method of treatment of the drinking water supply shall be made
without first notifying and securing the approval of the permit-issuing official.
Suitable and adequate facilities shall be provided, convenient to the
toilets and food handling facilities.
All applications for a permit to conduct a mass gathering shall include
the following information:
A.
The name, age, residence, mailing address and telephone
number of the applicant; a statement of the applicant's legal status, such
as individual, partnership, corporation, etc.; and whether the applicant has
ever been convicted of a felony or misdemeanor. If the applicant is a partnership,
state the name, age, residence, mailing address and telephone number of each
partner; and if a corporation, the names and addresses of all corporate officers
and directors, together with a certified copy of the articles of incorporation
and a list of the names and addresses of all persons directly in charge of
the activity.
B.
The location and survey description of the property where
the activity is proposed, including all lands to be used directly, indirectly
or incidental to the proposed activity or any part thereof; attaching to the
application certified copies of documents disclosing the nature of the interest
of the applicant relating to such property. If such interest is a leasehold,
a copy of such lease shall be attached.
C.
The date or dates and the hours during which the activity
is to be conducted and the total time period of such activity.
D.
The program and plans of the activity in its entirety,
with particular emphasis on the following:
(1)
Detailed plans for parking facilities off public roadways
able to serve all reasonable anticipated requirements at a rate of up to 100
passenger cars per acre or 30 buses per acre.
(2)
Detailed plans for transportation arrangements from noncontiguous
parking facilities to the site to fully serve all reasonably anticipated requirements
at a rate of no less than 20,000 persons, or the sum of the number of acres
included in such noncontiguous parking area multiplied by 120 (whichever is
less), per hour; including a statement from the Broome County Sheriff certifying
that the traffic control plan within Broome County is satisfactory, and the
New York State Police certifying that the traffic control plan outside Broome
County is satisfactory.
(3)
An outline map of the area to be used, to an appropriate
scale, showing the location of all toilets and handwashing facilities, all
water supply sources (lakes, ponds, streams, wells, storage tanks, etc.),
all areas of assemblage, including separate overnight camping areas for sleeping,
all food service areas and all refuse storage handling and disposal areas,
and emergency access and egress roads.
(4)
The total number of persons permitted at the event, including
performers, staff members and audience, which shall be determined by providing
a net assembly area of at least 50 square feet per person in addition to providing
at least 50 square feet per person in a separate camping area for 50% of the
population.
(5)
A plan for limiting attendance, including methods of
entering the area, number and location of ticket booths and entrances, and
provisions for keeping non-ticket-holders out of the area.
(6)
A statement agreeing to complete all construction and
installation of services and facilities, including water supply, toilet and
handwashing facilities, sewage disposal, roads, food service equipment and
refuse handling facilities, at least 48 hours prior to the commencement of
the event.
(7)
A detailed plan for food service, including a description
of food sources, menu, mandatory use of single-service dishes and utensils,
refrigeration, food handling and dispensing.
(8)
A detailed plan for use of signs to locate all facilities
and roadways.
(9)
A statement from local fire authorities having jurisdiction
over the area verifying that the facilities available to such mass gathering
are suitable to provide adequate fire safety, that they are aware of the event
and are willing to cooperate if needed.
(11)
A statement from the local civil defense director indicating
that he has been advised of the event and has approved the plan from a civil
defense standpoint.
(12)
A command post to be used by State Department of Health
personnel or the permit-issuing official and his lawful representatives, or
both, consisting of a minimum of one building or trailer equipped with a communication
system satisfactory to the permit-issuing official.
(13)
A statement that, if adult mosquito and biting fly populations
are found to be in excess of 15 specimens per trap/night, the applicant agrees
to insure that proper adult mosquito control measures are instituted no earlier
than 72 hours nor later than 48 hours before the advertised start of the gathering
in order to reduce such populations to a satisfactory level.
(14)
A detailed plan for elimination of noxious weeds 96 hours
before commencement of the mass gathering.
(15)
Detailed plans for security enforcement, including prevention
of the unlawful use of alcohol, narcotics and dangerous drugs at the site,
methods for limiting the use of the proposed function to the number of participants
for which the facilities are designed, and external as well as internal crowd
control, including sufficient guards for crowd control and security enforcement.
E.
The location and construction of toilet and handwashing
facilities designed to serve fully all reasonably anticipated requirements
at a rate of no more than 100 persons per toilet seat and 750 persons per
handwashing facility, 50% of the male toilets to be urinals, and plans for
construction and reports, including copies of all rental and service contracts,
showing that the construction and operation constitute no threat of pollution
to surface or underground water locations, to be attached.
F.
The location and construction of water supply facilities,
designed to serve fully all reasonably anticipated requirements at a rate
of one pint of potable water per person, per hour, for the maximum estimated
hourly attendance. One tap and one drinking fountain shall be provided per
1,000 persons and shall be separately located with adequate soakage pits or
drainage.
G.
Detailed plans for internal storage and collection of
refuse, including provisions for disposal and cleaning the property and immediate
surrounding properties within 48 hours after the event.
H.
Detailed plans for emergency first aid to serve fully
all reasonably anticipated requirements. Such plans shall state the arrangements
made with hospitals and ambulances in the area, including names and locations,
the number of doctors and nurses at the site and on call, and arrangements
made with all other medical personnel and facilities, either at the site or
on call.
I.
Detailed plans for amplifying equipment designed to control
the noise level at the perimeter of the site to no more than 75 decibels on
the A scale of a sound level meter which meets the specifications of the American
National Standards Institute.
J.
Detailed plans for lighting designed to illuminate the
public areas of the site at all times and demonstrating that the lighting
will not reflect on any area beyond the boundary of said site.
K.
A plan showing that the proposed activity is adequately
buffered from all neighboring homes within 500 feet of the perimeter of the
site.
No permit shall be issued unless the applicant shall furnish the Town
of Maine with: (a) a comprehensive liability insurance policy insuring the
Town of Maine against liability for damage to person or property with limits
of not less than $1,000,000/$5,000,000 for bodily injury or death and limits
of not less than $1,000,000 for property damage, to save the Town of Maine
harmless from any and all liability or cause of action which might arise by
reason of the granting of the permit, which policy shall not be cancellable
without 10 days' prior written notice to the Town of Maine and which shall
be in effect during the entire period of the mass gathering, and (b) an agreement
by which the applicant agrees to reimburse Town of Maine for any and all damages
or injury to any real property or personal property of the Town of Maine that
may arise, directly or indirectly from the negligence, acts or omission of
applicant, its officers, directors, employees, agents, customers, guests and
invitees; and by which applicant agrees that applicant will defend, indemnify
and save harmless the Town of Maine of and from any and all claims, suits,
actions or causes of action of every name and description brought against
the Town of Maine for or on account of any injuries or damages received, sustained
or claimed to have been received or sustained by any party or parties and
arising out of or connected with any of the activities covered by such application.
Failure to keep such policy in effect will result in automatic revocation
of the permit without hearing.
The applicant shall submit a statement of financial resources, prepared
by a certified public accountant, showing finances sufficient to execute the
plans as submitted.
A.
The site shall be provided with a network of interior
roads to be kept clear at all times for service and emergency vehicles, and
shall be serviced by access roads which will permit an adequate flow of traffic
and ensure the free passage of emergency vehicles.
B.
Each person attending the mass gathering shall be provided
with a site map showing the location of all facilities, and adequate signs
shall be provided locating all facilities.
C.
A separate overnight camping area or areas shall be provided.
D.
Adequate light for toilet areas, service areas and walkways
shall be provided.
E.
The operator of a mass gathering shall prohibit storage
of flammable or volatile liquids or materials in or adjacent to the area of
the gathering.
F.
The permittee shall provide the services and facilities
outlined in the permit application and approved by the permit-issuing official.
G.
The permittee shall provide such emergency health-care
services and facilities as may be required under applicable provisions of
the State Sanitary Code.
H.
Each permittee will notify the Broome County Health Department
of any proposed mass gathering and will submit to a preoperational inspection
by the Broome County Health Commissioner.
I.
Children under 16 years of age not accompanied by an
adult at a mass gathering shall be provided with adequate and competent adult
supervision, such supervision to be provided by the permittee and exercised
by a supervisor or supervisors present on the property.
J.
Satisfactory arrangements shall be made to assure adequate
medical and nursing supervision and care at the site of any mass gathering.
K.
The person to whom a permit to operate or hold a mass
gathering has been issued shall provide an individual who is acceptable to
the permit-issuing official as suitable and responsible, to be in charge of
the property and who shall be on or available to the property during reasonable
hours of the day while the property is occupied or open for occupancy.
L.
A person to whom any permit is issued shall comply with
the provisions of this chapter and with all conditions stated in the permit,
and shall allow the permit-issuing official or his representative to enter
the premises at any reasonable time to ascertain compliance with this chapter.
M.
A maintenance staff of one maintenance employee for every
400 persons in attendance at any mass gathering shall be provided to assure
proper operation of all facilities.
[Amended 5-11-1993 by L.L. No. 2-1993]
Each application (except an application submitted by a not-for-profit
corporation or by a not-for-profit unincorporated association) shall be accompanied
by a fee in the amount of $500 payable at the time of its submission. The
fee shall be compensation to the Town of Maine for its examination and processing
of such application, but it shall be fully refunded in the event the application
is denied by the Town.
A.
Any person who shall use, allow, let or permit to be
used property for a mass assembly as defined herein or any person who shall
promote or advertise such mass assembly without first obtaining a written
permit in accordance with the provisions of this chapter shall be deemed to
have violated this chapter. Any person who commits or permits any act in violation
of any provisions of this chapter shall be deemed to have committed a misdemeanor
and shall be liable for the penalties provided.
B.
For each violation of the provisions of this chapter,
the person violating the same shall be subject to a fine of not more than
$500, nor less than $100, or imprisonment not to exceed one year, or both.
C.
In addition to the above-provided penalties, the Town
of Maine may maintain an action or proceeding in the name of the Town of Maine
in a court of competent jurisdiction to compel compliance with or to restrain
by injunction the violation of this chapter.
The provisions of this chapter shall be in addition to and not in lieu of nor construed to be in conflict with the provisions contained in § 225 of the Public Health Law or Section 7-1.40 through 7-1.44 of Chapter 1 of the New York State Sanitary Code.
