[HISTORY: Adopted by the Town Board of the
Town of Deerpark by L.L. No. 12-2000.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also provided
as follows: “Please take notice to the extent that this local
law may conflict with applicable portions of the Town Law of the State
of New York, including Sections 20 and 24 of the Town Law, it is the
stated intention of the Town to exercise its authority to supersede
and amend, as granted under the Municipal Home Rule Law of the State
of New York, Section 10. The Town hereby provides notice that it is
exercising its authority to supersede and amend pursuant to Municipal
Home Rule Law of the State of New York Section 22.”
This Town Board, in order to promote proper
government and to insure the proper protection, order, conduct, safety,
health, welfare and well-being of persons or property within the Town
of Deerpark, finds it is in the public interest to enact this chapter.
A.
BUILDING
MASS GATHERING
PERSON
STRUCTURE
TOWN OF DEERPARK or TOWN
Unless otherwise expressly stated, the following terms
shall for the purpose of this chapter have the meaning herein indicated:
A structure wholly or partially enclosed within exterior
walls and a roof, of permanent or temporary nature, affording shelter
to persons, animals, or property.
The gathering, collecting, or congregating of persons with
or without the levy of an admission fee.
Any individual, firm, company, association, society, corporation,
partnership, or group.
A combination of materials to form a construction that is
safe and stable and includes among other things, stadiums, stages,
platforms, radio towers, sheds, storage bins, tents, billboards, and
display signs.
Includes the Town Board of the Town of Deerpark.
B.
Words used in the present tense include the future,
the singular number includes the plural and the masculine shall include
the feminine.
C.
“Shall” is mandatory; “may”
is permissive.
A.
No person shall hold or promote, by advertising or otherwise, a mass
gathering of persons in excess of 500 unless a written permit authorizing
such use shall have been obtained from the Town Board.
[Amended 1-27-2014 by L.L. No. 2-2014]
B.
Application for such permit shall be by verified petition
addressed to the Town Board and shall be filed with the Town Clerk
at least 120 days prior to the date upon which such mass gathering
is contemplated. Such application shall include the following written
material:
[Amended 1-27-2014 by L.L. No. 2-2014]
(1)
A statement of the name, age and residence address
of the applicant; if the applicant is a corporation, the name of corporation,
the names and addresses of its directors; if the applicant does not
reside in the Town of Deerpark, the name and address of an agent,
who shall be a natural person and shall reside or have a place of
business in the Town of Deerpark and who shall be authorized to and
shall agree by verified statement to accept notices or summonses issued
with respect to violations of any law, ordinance, rules or regulations.
(2)
A statement containing the name and address of the
record owner of the property and the nature and interest of the applicant
therein; the proposed dates and hours of such mass gathering; the
expected minimum 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;
and the purpose of the function, including the nature of the activities
to be carried on and the admission fee to be charged, if any.
(3)
A map showing the size of the property; the zoning
district in which it is located; 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 of any proposed building, buildings or structures to be erected
for the purpose of the mass gathering.
(4)
A plan or drawing showing the method to be used for
the disposal of sanitary sewage and general refuse.
(5)
A plan or drawing showing the method to be used for
the supply, storage and distribution of adequate and satisfactory
water.
(6)
A plan or drawing showing the layout of any parking
area for automobiles and other vehicles and the means of ingress and
egress to such parking area.
(7)
A statement containing the type, number and location
of any radio device, sound amplifier, loud speaker; sound truck or
other similar sound equipment.
(8)
A statement specifying whether food or beverage is
intended to be prepared, sold or distributed; if food or beverage
is intended to be prepared, sold or distributed, a statement specifying
the method of preparation and distribution of such food or beverage
and the method of disposing of any garbage, trash, rubbish or other
refuse arising therefrom. If a person, other than the person applying
for the permit, will be engaged in the sale and distribution of food
or beverage, the name and address of such person shall be submitted.
All garbage, trash, rubbish or other refuse shall be stored until
removed at an unobtrusive area of the premises in securely covered
containers. Such containers shall be maintained in a sanitary condition
and shall be cleaned at least daily. No garbage, trash, rubbish or
other refuse shall be removed from the premises between the hours
of 11:00 p.m. and 7:00 a.m.
(9)
A statement specifying whether any private security
guards or police will be engaged and, if so, the names and addresses
of such persons, and the duties to be performed by such persons.
(10)
A statement specifying the precautions to be
utilized for fire protection, and a map specifying the location of
fire lanes and water supply for fire control.
(11)
A statement specifying whether any outdoor lights
or signs are to be utilized and, if so, a map showing the number,
location, size, type and luminating power of such lights and signs.
No light on any part of the property holding the mass gathering shall
be permitted to shine unreasonably beyond the property line of the
property. All exterior lights on the property shall be so situated
or equipped with shielding devices so that no unreasonable glow shall
shine beyond the property line of the mass meeting.
(12)
A statement specifying the facilities to be
available for emergency treatment of any person who might require
immediate medical or nursing attention.
(13)
A statement specifying whether any camping or
housing facilities are to be available and, if so, a plan showing
the intended number and location of the same.
(14)
A statement that no soot, cinders, smoke, noxious
acids, fumes, gases or unusual odors shall be permitted to unreasonably
emanate beyond the property line of the mass gathering.
(15)
A statement that no music shall be played in
any place of assembly, either by mechanical device or live performance,
in such a manner that the sound emanating therefrom shall be unreasonably
audible beyond the property line of the place of the mass gathering.
(16)
A statement that no loud, unnecessary, or unusual
noise shall be permitted to be made, continued, or caused to be made
or continued so as to be unreasonably audible beyond the property
line of the mass gathering.
(17)
A statement specifying the facilities to be
available in the way of adequate toilet and lavatory accommodations
with such accommodations to be denoted in the plans required hereunder
to be submitted under other provisions of this chapter.
(18)
A statement specifying the manner in which insects
and noxious weeds will be controlled.
(19)
A statement as to whether the mass gatherers
will sleep on the premises of the mass gathering and, if so, a statement
specifying the sleeping facilities and areas, with such sleeping areas
to be denoted in the plans required hereunder to be submitted under
other provisions of this chapter.
(20)
A statement that no law, ordinance, rule, or
regulation applicable to the place of assembly or enforceable by any
governmental authority will be violated, and that the regulations
of the New York State Department of Labor Board of Standards and Appeals
for places of public assembly will be adhered to.
C.
The Town Board, before issuing any permit, may require
the approval of any or all of the following applicable governmental
agencies:
(1)
The New York State Public Health Department, the Town
Sanitary Inspector, the Town Health Officer and the New York State
Water Resources Commission as to any proposed sanitary sewage disposal
system, and proposed lavatories or toilets.
(2)
The New York State Public Health Department, the Town
Building Inspector, the Town Sanitary Inspector, the Town Health Officer,
and the New York State Water Resources Commission as to any proposed
system for the supply, storage and distribution of water.
(3)
The Orange County Highway Department, the New York
State Department of Transportation, the Orange County Sheriff's Department,
the New York State Police, the Chief Engineer of the controlling Fire
District, the Fire Commissioners of the controlling Fire District,
and the Fire Advisory Board of the Town of Deerpark, as to the proposed
parking area and the means of ingress and egress to such parking area.
(4)
The Zoning Board of Appeals and Building Inspector
as to the proposed type, number and location of any sound producing
equipment.
(5)
The New York State Public Health Department and the
Town Health Officer as to the proposed method of preparing, selling
or distributing food or beverage and the removal of refuse, trash,
rubbish or garbage arising therefrom.
(6)
The Police of the Town of Deerpark, the Orange County
Sheriff's Department and the New York State Police as to any proposed
private security of police protection.
(7)
The Chief Engineer of the controlling Fire District,
the Fire Commissioners of the controlling Fire District, the Fire
Advisory Board of the Town of Deerpark, and the Fire Coordinator of
Orange County as to any proposed fire protection system.
(8)
The Zoning Board of Appeals and Building Inspector
as to any proposed outdoor lights and signs.
(9)
The New York State Health Department and Town Health
Officer as to any proposed facilities for emergency medical or nursing
treatment.
(10)
The Town Building Inspector and the Zoning Board
of Appeals as to any proposed camping or housing facilities and the
New York State Health Department and Town Health Officer as to proposed
sleeping areas and sleeping facilities.
D.
Inspections and protection; insurance; surety bonds.
(1)
No permit shall be issued unless the owner and his
tenant or licensee, if any, shall furnish the Town with written authorization
to permit the Town or its lawful agents to go upon the property for
the purpose of inspecting the same, providing adequate police and
fire protection and protecting persons and property from danger.
(2)
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 persons or property with
limits of not less than $10,000,000 for bodily injury or death and
for property damage, sufficient in form to save the Town harmless
from any liability or causes of action which might arise by reason
of the granting of the permit or the conduct of the assembly. Such
policy shall be noncancellable without 10 days' prior written notice
to the Town. The applicant shall also furnish the Town with a written
hold-harmless agreement to the Town for any loss or damage above and
beyond insurance coverage.
(3)
No permit shall be issued unless the applicant shall
deposit with the Town Clerk cash or good surety company bond, approved
by the Town Clerk, in the minimum sum of $100,000 and conditioned
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 any public or private property, by reason of the granting
of the permit; which cash shall be refunded or surety company bond
cancelled upon certification to the Town Clerk by the Building Inspector
that all conditions of this chapter have been complied with.
(4)
Where the Town Board finds, the applicant to be an established camp, or facility, possessing a history in the community of responsibility to the local government bodies and authorities and to the general public or those with whom it does business, and further finds such applicant to be of sufficient financial stature and responsibility and able to respond for damage to public and/or private property, then the provisions requiring a surety bond or cash as set forth in Subsection D(3) may be waived.
E.
The Town may deny the issuance of a permit if it shall find that any of the items as set forth in Subsection B of this section are insufficient to properly safeguard the safety, health, welfare and well-being of persons or property or if the approval of any governmental agency as set forth in Subsection C of this section is not obtained. In no event shall the Town withhold its written approval or denial of a permit for a period in excess of 10 days after a full submission to it by an applicant, except by an extension in writing given by the applicant.
F.
If after a permit is issued, the Town Board through its lawful agents determines that any of the items as set forth in Subsection B of this section and as specified in the applicant's verified petition in support of the application for a permit is or are not adhered to and accomplished within a reasonable time of the date or dates set for the mass gathering through the time of the mass gathering or if the approval of any governmental agency as set forth in Subsection C of this section is revoked at any time, such permit shall become null and void.
G.
Requirement of a mass gathering permit may be waived by a super majority
vote of the Town Board (four affirmative votes) upon written recommendations
provided by the Town's Building Inspector, Town Engineer and
Town Attorney.
[Added 1-27-2014 by L.L.
No. 2-2014]
[Amended 1-27-2014 by L.L. No. 2-2014]
A.
The applicant shall pay to the Town a nonrefundable fee of $1,000
at such time as the application is submitted.
B.
At the Town Board's discretion, it may waive or reduce the application
fee if the circumstances warrant such waiver or reduction.
C.
The applicant shall be responsible for reimbursing the Town for services
provided for the mass gathering. Such reimbursements shall include,
but are not limited to, access to and use of public water supplies,
overtime compensation for Town employees, and any other service the
Town may provide.
[Amended 1-27-2014 by L.L. No. 2-2014]
A.
Any person who shall use, allow, let or permit to be used property
for the mass gathering of persons in excess of 500, or any person
who shall hold, promote by advertising or otherwise, or cause the
gathering, collecting or congregating of persons in excess of 500
persons in places without having 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 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 on which a violation occurs or continues.
A separate penalty may be imposed for each separate offense.
B.
For each violation of a provision of this chapter, the person violating
the same shall be subject to a fine of not more than $2,000 or imprisonment
not to exceed six months, 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 in the amount of $2,000 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.
