[HISTORY: Adopted by the Town Board of the Town of Niles 6-16-1975
by L.L. No. 1-1975. Amendments noted where applicable.]
A.
Outdoor public musical entertainments, amusements and
assemblies have occurred in New York State and other states on previously
undeveloped sites, attended by assemblies exceeding 100,000 persons who camp
on the site during the event in tents, trailers and other similar facilities
usually furnished by the individual. The mass assembly of persons in the Town
of Niles for such events in numbers of 2,500 or more would temporarily increase
the number of persons residing within the Town of Niles from approximately
50% to several times its normal population, thereby causing problems and demands
considerably beyond the capability of existing municipal services and facilities
now available in the Town of Niles.
[Amended 5-13-1993 by L.L. No. 2-1993]
B.
In order to prepare for such an event, it would be necessary
to provide a temporary community with all the services required for the health,
welfare and safety of the persons in attendance. Adequate provision must be
assured for sanitation and sanitary facilities and services; water supply;
food service; garbage and refuse collection and disposal; hospital, medical,
nursing and ambulance service; policing and traffic control; parking facilities
and control; and communication and power systems, all of which are normally
subject to governmental regulation and licensing. The temporary furnishing
of such services and facilities for outdoor public musical entertainment,
amusement or assembly intended to be attended by 2,500 or more persons similarly
requires municipal approval and regulations.
[Amended 5-13-1993 by L.L. No. 2-1993]
C.
Also, the conduct of such events would create a mass
movement of people through the Town of Niles, principally upon its public
streets and highways, of a magnitude never before experienced by the Town
of Niles with the likelihood of damage and injury to persons and property
within the Town of Niles. It is believed necessary that persons, corporations,
organizations, landowners and lessees conducting such events must provide
adequate financial assurance to protect persons and public and private property
within the town.
D.
The Town Board of the Town of Niles therefore finds and
declares that it is necessary for the government, protection, order, conduct,
safety, health and well-being of persons and property within the Town of Niles
in regard to outdoor public musical entertainments, amusements and assemblies
catering to the general public, that certain rules and regulations be established
and further that there is danger to the people attending or taking part in
such events if proper sanitary, police and other health and safety measures
are not adequately provided for, and further that it is necessary to adopt
under the police power of the town a local law to regulate and license the
holding of such outdoor public musical entertainments, amusements and assemblies.
[Amended 5-13-1993 by L.L. No. 2-1993[1]]
It shall be unlawful for any person, persons, corporation, organization,
landowner or lessee to organize, promote, conduct or cause to be conducted
an outdoor public musical entertainment, amusement or assembly of persons
within the Town of Niles catering to the general public for which said person,
persons, corporation, organization, landowner or lessee believes or has reason
to believe will attract 2,500 or more persons unless a permit has first been
obtained under this chapter for the operation of said outdoor public musical
entertainment, amusement or assembly as provided by this chapter. Such permit
shall be required for each such outdoor public musical entertainment, amusement
or assembly. The fee for such permit to meet the cost of administering the
same shall be $200, plus all costs incurred by the town in processing the
application, which shall be submitted with the application.
Written application for a permit for such outdoor public musical entertainment,
amusement or assembly shall be made to the Town Board of the Town of Niles
and said application must be submitted in seven copies to the Clerk of the
Town of Niles, 90 days or more prior to the first day upon which such outdoor
public musical entertainment, amusement or assembly is to be held. Determination
granting or denying permits as herein provided for shall be made within 60
days after application therefor. No permits 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.
Application for such permit shall be by verified petition addressed to the Town Board of the Town of Niles and shall be filed in compliance with the provisions of § 143-3 of this chapter. Such application shall include the following material:
A.
A statement of the name, age and residence address of
the applicant; if the applicant is a corporation, the name of the corporation
and the names and addresses of directors, officers and stockholders owning
5% or more of the number of shares outstanding of each class of stock; if
the applicant is a partnership or other organized group of individuals, the
names, addresses and ages of each and every individual associated with the
partnership or other entity.
B.
A statement containing the name and address of the owner
of the property upon which the event is to occur and the nature and interest
of the applicant therein; the proposed dates and hours of such event; the
expected maximum number of persons intended to use the property at one time
and collectively; the expected maximum number of persons intended to use the
property at one time and collectively; the expected number of automobiles
and other vehicles intended to use the property at one time and collectively;
the purpose of the function, including the nature of the activities to be
carried on and the admission fees to be charged, if any; and the names and
addresses of all concessionaires and other persons providing any services
or facilities under contract, lease or other arrangement for the event.
C.
An occupational survey map prepared by a professional
engineer licensed by the State of New York showing the size of the property,
the names of the record owners of the adjoining properties; the streets or
highways abutting said property; the size and location of any existing building,
buildings or structures or other facilities to be erected thereon for the
purpose of the assembly; the placement of the proposed distribution system
of water; the location of any parking areas for automobiles and other vehicles
and the means of ingress and egress to such parking area; all service and
other roads serving the camping area, food services and other services, toilet
facilities, garbage collection facilities and entertainment and performance
areas.
D.
A detailed plan and statement with drawings showing the
distribution and supply system for supply, storage, amount and distribution
of drinking water.
E.
A detailed plan and statement with drawings showing the
layout of any parking area for automobiles and other vehicles and the methods
of traffic control to be used thereon. Such parking area shall provide parking
space of acceptable size for one motor vehicle for every four persons in attendance.
F.
A detailed plan and statement with drawing showing the
facilities for the preparation, storage, sale and distribution of food and
the means of servicing such area. Such plan shall also detail the method and
means of disposing of any garbage, trash, rubbish or other refuse.
G.
A detailed plan and statement fully describing any private
security personnel who will be engaged by the applicant to serve on or about
the site during the event and the qualifications and source of such personnel.
H.
A detailed plan and statement providing for fire protection,
specifying the location of fire lanes, water supply and equipment or apparatus
to be available for such purposes.
I.
A statement and detailed plan specifying the facilities
to be available for medical, surgical, nursing and ambulance service. The
applicant shall furnish to the Town Board the addresses of all doctors, nurses,
pharmacists and ambulance services the applicant will provide for the event,
prior to issuance of a permit.
J.
A detailed description of all insurance policies and
surety bonds to be provided by the applicant for the protection of the general
public and the Town of Niles. Certificates of such insurance and bonds shall
be submitted to the Town Board at least 15 days prior to the commencement
date of the event.
K.
A subscribed authorization from the landowner and the
applicant to the Town Board to permit the town and its lawful agents to go
upon the property for the purpose of inspecting the same to determine if there
is compliance with the requirements of this chapter and the permit, if granted,
providing adequate police and fire protection, and protecting persons and
property from danger.
L.
A statement subscribed by the applicant that the applicant
will specify in all advertising and promotional endeavors the limitation on
the number of tickets to be sold or otherwise issued as specified in the permit
and that the applicant will neither sell nor otherwise issue tickets at the
site while the event is in progress.
A.
No permit shall be issued unless the applicant shall
furnish the Town of Niles with a comprehensive liability insurance policy
insuring the town against liability for damage to persons 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 in form to
save the town harmless from any liability or causes of action which might
arise by reason of granting of the permit and noncancelable without 10 days'
prior written notice to the town.
B.
No permit shall be issued unless the applicant shall
deposit with the Town Clerk of the Town of Niles cash or good surety company
bond approved by the Town of Niles in such sum not less than $100,000 as the
Town Board may reasonably require and conditioned that all requirements of
the permit will be fully performed by the applicant; that no damage will be
done to any public or private property; and that the applicant will not permit
any litter, debris or other refuse to remain upon the public or private property,
by reason of the granting of the permit; which cash shall be refunded or surety
company bond be canceled upon certification by the Town Board of the Town
of Niles that all conditions of this chapter have been complied with. Such
surety bond or cash shall serve as an indemnity to save and protect the streets,
pavements, bridges, road signs and other property of the Town of Niles from
any and all damage that may be caused by vehicles, employees or participants
in such event, and to be used, if necessary, to restore the ground where such
event is held to a sanitary condition and pay all charges and losses to the
town for damages to streets, pavements, bridges and other property.
C.
Provided further that, should the licensed event necessitate
the employment of additional town personnel and equipment, such added expense
shall be recoverable from the principal and/or its surety. The deposit or
its balance is to be returned when the Town Board of the Town of Niles has
determined that no such damage has been done and that the town did not incur
such additional expense due to said event or that the cost of the above has
been paid by the applicant.
D.
If the applicant has provided in his application that
any services or facilities are to be supplied by contract, lease or other
arrangement with third parties, then no permit shall be issued unless the
applicant shall obtain and submit to the town cash or good surety company
bond approved by the Town of Niles at least equal in amount to the consideration
to be paid to or by such third parties for services and/or facilities to be
furnished and conditioned that each such third party will fully perform its
contract, lease or other arrangement with the applicant for the provision
of such services and/or facilities as set forth in the application.
If a permit is granted by the Town Board of the Town of Niles, such
permit shall set forth the maximum number of persons to be permitted to attend
the event. The Town Board, in determining such maximum limit, shall take into
consideration the capacity of the site and of available public highways and
other means of transportation to and from the site. The applicant shall limit
all ticket sales to such maximum number and shall include such limitation
in all advertising; no tickets shall be sold at or near the site of the event
during the term of the event. The applicant shall specify in all advertising
and promotional endeavors the limitation on number of tickets to be sold or
otherwise issued and the unavailability of tickets at the site while the event
is in progress.
The permit shall not be granted if any of the items set forth in said
application are determined by the Town Board to be insufficient to properly
safeguard the safety, health, welfare and well-being of persons or property
or do not comply with any of the requirements of this chapter.
If, after a permit is issued, the Town Board, through its lawful agents,
determines that any of the items required as a condition of the permit are
not adhered to and accomplished within the required time limits or if any
of the contracts, leases or other arrangements for provision of services and
facilities or any insurance or surety bond shall become terminated prior to
the completion of the event, then this permit may immediately thereupon be
terminated by action of the Town Board, unless breach or failure is promptly
remedied within such time limit as may be reasonably imposed by the Town Board
of the Town of Niles. Notice of termination of the permit shall be in writing,
addressed to the applicant at the address set forth in the application.
A.
Any person, persons, corporation, organization, landowner
or lessee who shall organize, promote, conduct or cause to be conducted an
outdoor public musical entertainment, amusement or assembly of persons within
the Town of Niles catering to the general public for which said person, persons,
corporation, organization, landowner or lessee believes or has reason to believe
will attract 2,500 or more persons without having 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 of
the provisions of this chapter shall be deemed to have committed a misdemeanor
against such chapter, and shall be liable for the penalties provided. A separate
offense against this chapter shall be deemed committed on each
day during or which the violation occurs or continues. A separate penalty
may be imposed for each separate offense.
[Amended 5-13-1993 by L.L. No. 2-1993]
B.
Each violation of a provision of this chapter shall be
a Class A misdemeanor and the person violating the same shall be subject to
a fine of not more than $1,000 or imprisonment not to exceed one year, or
to both such fine and imprisonment.
C.
Any person violating this chapter shall be subject to
a civil penalty enforceable and collectible by the Town of Niles in the amount
of $1,000 for each offense.
D.
In addition to the above-provided penalties, the Town
Board may also maintain an action or proceeding in the name of the town in
a court of competent jurisdiction to compel compliance with or to restrain
by injunction the violation of such chapter.
