[HISTORY: Adopted by the Town Board of the Town of Schodack 10-12-1990
by L.L. No. 4-1990. Amendments noted where applicable.]
The Town Board of the Town of Schodack is concerned about the effect
that outdoor amusements or assemblies involving large numbers of persons shall
have on the health, safety and welfare of the residents of the Town of Schodack
and of those persons passing through the jurisdiction of the Town of Schodack.
The concentration of large groups of persons for outdoor amusements or assemblies
shall create problems and demands beyond the capability of the existing municipal
services and facilities available in the Town of Schodack, including police
and fire protection, the free flow of traffic on public highways, noise and
damage and injury to persons and property adjoining the location of such events.
The Town Board is also concerned that adequate provision be made for sanitation
and sanitary facilities and services; water supply; food service; garbage
and refuse collection and disposal; medical, nursing and ambulance service;
policing, traffic control, parking facilities and control; and communications
systems, all of which are normally subject to governmental regulation and
licensing. The Town Board therefore determines that it is necessary for the
public order and protection and the safety, health and well being of persons
and property within the jurisdiction of the Town of Schodack to adopt and
establish certain rules and regulations and to regulate and license the holding
of outdoor amusements or assemblies reasonably expected to attract more than
500 persons.
A.
No person, persons, partnerships, association or corporation,
or any combination thereof, shall organize, promote, conduct, operate or cause
to be operated any outdoor amusement or assembly of persons within the jurisdiction
of the Town of Schodack for which said person, persons, partnership, association
or corporation or any combination thereof, believes or has reason to believe
will attract 500 or more persons unless a permit has first been obtained for
the operation of said outdoor amusement or assembly pursuant to this chapter.
A separate permit shall be required for each such event.
B.
No owner, lessee, licensee or other person, persons,
partnership, association or corporation, or any combination thereof, owning,
having any right to or any interest in any real property within the jurisdiction
of the Town of Schodack shall license, rent, lease or otherwise permit the
use of such real property, or any part thereof, for outdoor amusement or assembly
for which said owner, lessee, licensee or other person, persons, partnership,
association or corporation, or any combination thereof, believes or has reason
to believe will attract more than 500 persons, except pursuant to a special
permit issued for such purpose by the Town Board of the Town of Schodack as
hereinafter provided.
A.
Written application for a permit for such outdoor amusement
or assembly shall be made to the Town Board of the Town of Schodack by filing
with the Town Clerk, in triplicate, a verified petition containing the information
hereinafter required, at least 60 days prior to the first day upon which such
outdoor amusement or assembly is to be held. A determination granting or denying
the application for a permit shall be made by the Town Board within 40 days
after the application is filed with the Town Clerk. No permit shall be granted
unless the applicant fully complies with all of the requirements of this chapter.
B.
The application shall include the following information:
(1)
A statement of name, age and residence address of the
applicant or of each applicant; or, if the applicant is a corporation, the
name of the corporation, the names and addresses of the directors, officers
and stockholders owning more than 5% of the number of shares outstanding of
each class of stock; or, if the applicant is a partnership or organization,
the names, addresses and ages of each and every individual associated with
the partnership or other entity. Any address utilizing a post office box must
also include the actual residence or business address of the individual, partnership
or corporation.
(2)
A statement containing the name and address of the record
owner of the real property upon which the event(s) is to occur and the nature
and interest of the applicant in such property; the proposed dates and hours
of such event; the expected minimum and maximum numbers of persons intended
to attend the event at any one time and collectively; the expected number
of automobiles and other vehicles intended to use the property for such event;
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.
(3)
A detailed drawing to scale showing the size of the property;
the names of 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 event; the placement of the proposed distribution system of water; the
location of any parking areas for automobiles or other vehicles and the means
of ingress and egress to such parking areas; the location of all service and
other roads serving any camping areas, food services, toilet facilities, garbage
and refuse collection facilities and the entertainment and performance areas.
(4)
A detailed plan, statement and contracts with drawings
showing the methods and locations to be used for toilet facilities and for
the disposal and treatment of sanitary sewage.
(5)
A detailed plan and statement with drawings showing the
distribution and supply system for supply, storage and distribution of drinking
water.
(6)
A detailed plan and statement with drawings showing the
layout of parking areas off public roadways for automobiles or other vehicles
and the methods of traffic control to be used. Such parking areas shall provide
parking space of acceptable size for one automobile for every four persons
in attendance or one bus for each 40 persons in attendance.
(7)
A detailed plan, contracts, license or permits showing
the facilities for the preparation, storage, sale and distribution of food
and alcoholic beverages 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.
(8)
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.
The Town Board may require the applicant to obtain the consent of the zone
commander of the New York State Police having jurisdiction over the Town of
Schodack as to the capacity and qualifications of the security personnel.
(9)
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 purpose.
(10)
A detailed plan and statement specifying the facilities
to be available for medical, nursing and ambulance service. The applicant
shall furnish to the Town Board the names and qualifications of all medical
personnel the applicant will provide for the event prior to the issuance of
a permit.
(11)
A detailed plan for use of directional signs, which plan
is to be approved in advance of submission of the application by the Town
of Schodack Planning Board, which is to provide proper direction to the area
location.
[Amended 9-13-2001 by L.L. No. 4-2001]
(12)
A statement from local fire and ambulance authorities
having jurisdiction over the area verifying that they are aware of the event
and are willing to cooperate, if needed.
(13)
A detailed description of all insurance policies and
surety bonds to be provided by the applicant for the protection of the general
public, the Town of Schodack and its various public bodies. Certificates of
such insurance and bonds shall be submitted to the Town Board at least 30
days prior to the commencement date of the event.
(14)
A subscribed authorization from the owner of the real
property upon which the event is to be held to permit agents of the Town of
Schodack to go upon the property for the purpose of inspecting the same to
determine if there is compliance with the requirements of this chapter.
(15)
A statement subscribed by the applicant that the applicant
will specify in all advertisement and promotional endeavors the limitation
on the numbers 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.
(16)
Detailed plans for amplifying equipment designed to control
the noise level at the perimeter of the site to no more than 70 decibels on
the A scale of a sound level meter which meets the specifications of the American
National Standards Institute.
(17)
A detailed plan indicating all lights other than the
permanent building lights and the measures to be taken to prevent any source
of exterior lighting from becoming visible across property lines.
(18)
A plan showing that the proposed activity is adequately
buffered from all residential areas within 500 feet.
(19)
A sworn statement by the promoters and/or landowners
that no off-site parking will be permitted and that the promoters/landowners
are liable for all costs to the Town and property owners in the event off-site
parking is used by attendees of the event.
[Added 9-13-2001 by L.L. No. 4-2001]
(20)
A sworn statement by both the promoters and landowners
that an application under Title 10, Part 18 of the NYCRR for EMS Operational
Plans has been made and approved by the state. If the applicant does not fall
under the jurisdiction of Part 18, the applicant shall provide to the Town
information required by Part 18 for any single event in excess of 250U anticipated
attendees.
[Added 9-13-2001 by L.L. No. 4-2001]
C.
If the Town Board of the Town of Schodack shall decide
upon a showing of good cause that certain conditions or requirements as hereinbefore
set forth shall not be applicable to a particular set of circumstances, then
the Board may modify the foregoing requirements on a case-by-case basis. Also,
in a unique situation where, in the discretion of the Town Board, it appears
that different conditions may be necessary to maintain peace and order or
to protect neighboring properties, then such additional or substitute conditions
may be imposed by the Board.
A.
No permit shall be issued unless the applicant shall
furnish the Town of Schodack 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 for bodily injury or death to one person
or $10,000,000 for bodily injury or death in one event, and with 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 Schodack cash or a good surety
company bond, approved by the Town of Schodack, 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 any public
or private property by reason of granting of the permit. 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 Schodack from any and
all damage that may be caused by vehicles, employees or participants in such
event and shall 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, pavement, bridges and other property and to reimburse
the town for any expense necessitated by the event.
C.
The surety company bond shall be canceled or the cash
deposit or its balance shall be returned when the Town Board has determined
that no such damage has been done and that the town did not incur any additional
expense due to said event or that the costs thereof have been paid by the
applicant.
If a permit is granted by the Town Board, such permit shall set forth
the maximum number of persons to be permitted to attend the event. The Town
Board, in determining the 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 and the available parking and sanitation facilities and
water distribution system. 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 Town Board may deny or revoke any such permit if there is a violation
of any legislation of the Town of Schodack or law of the State of New York
or of the United States of America. The Town Board also may deny the permit
for the following reasons:
A.
If any time during the preceding 12 months a permit for
a large outdoor amusement or assemblage of persons in the name of the applicant
or at the premises described in the application has been revoked.
B.
If the permit application is not complete or does not
specify adequate controls to assure compliance with the provisions of this
chapter.
C.
If the Town Clerk finds false information in the application.
A.
The permit must be kept on the premises and presented
by the applicant for inspection to a police officer of the Town of Schodack,
Rensselaer County or New York State, upon request by said officer.
B.
Agents of the State of New York, County of Rensselaer or Town of Schodack may inspect the premises covered by the permit and its environs and, upon finding violations of conditions of said permit, as in § 80-3, may issue a summons for violations of this chapter.
C.
It shall be deemed a violation of this chapter if one
or more of the following conditions exist at the time:
(2)
That legal parking of cars of those in attendance, as
specified in the approved permit application, is not adhered to.
(3)
That the control of noise or sound, as specified in the
approved permit application, is not exercised.
(4)
That the control of lighting, as specified in the approved
permit application, is not exercised, and the source of exterior illumination
becomes visible across the property lines of the premises upon which the large
assemblage is taking place.
(5)
That adequate provisions for the collection, storage
and disposal of garbage, refuse or debris, as specified in the approved permit
application, are not adhered to.
A.
Any person, persons, partnership, association, corporation,
landowner, lessee or licensee who shall organize, promote, conduct, operate
or cause to be operated an outdoor amusement or assembly of persons within
the Town of Schodack for which said person, persons, partnership, association,
corporation, landowner, lessee or licensee believes or has reason to believe
will attract 500 or more persons without having a written permit in accordance
with the provisions of this chapter shall be deemed to have violated this
chapter, which violation shall be deemed to be a misdemeanor and, upon conviction,
shall be punished by a fine not exceeding $1,000 per individual and not exceeding
$5,000 as to a corporation, partnership or association, or imprisonment for
a term not to exceed one year, or both such fine and imprisonment. Each occurrence
or day of a continuing occurrence shall be deemed a separate violation.
B.
In addition to the penalties above described, the Town
Board may also maintain an action or proceeding in the name of the Town of
Schodack in a court of competent jurisdiction to compel compliance with or
to restrain by injunction the violation of this chapter. The Town Board shall
be entitled to use one or more means concurrently for the enforcement of any
violation of this chapter.
[Added 9-13-2001 by L.L. No. 4-2001]
By resolution at the beginning of each year, the Town Board shall set a permit fee to be paid by the promoters and owners who apply for permission or who request a waiver from some or all of the provisions of Town Code Chapter 80.
