This Town Board, in order to promote proper government and to ensure
the proper protection, order, conduct, safety, health, welfare and well-being
of persons and property within the Town of Rhinebeck, County of Dutchess and
State of New York, consistent with the balance of the rights of peaceful assembly,
finds it is in the public interest to enact this chapter.
This chapter shall regulate the assembly of persons, where such assembly
exceeds 500 persons, even less than 24 hours, at any place within the Town
of Rhinebeck, County of Dutchess and State of New York.
No person, group of persons, partnership, association or corporation,
organization, landowner, lessee or any combination thereof, shall maintain,
conduct, promote or operate on any private lands or premises within the unincorporated
area of the Town of Rhinebeck other than in established theaters, auditoriums
or other places licensed or permitted for public occupancy as limited by law,
any use thereof for the purpose of any gathering or assembly which is to or
shall reasonably attract 500 or more people and to continue even less than
24 hours except pursuant to a special permit issued therefor by the Town Board
of the Town of Rhinebeck, as hereinafter provided.
Written application for a special permit for such outdoor public musical entertainment, amusement or assembly shall be made to the Town Board of the Town of Rhinebeck and must be submitted in seven copies to the Rhinebeck Town Clerk 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. The fee for such permit to meet the cost of administering the same shall be as provided in Chapter
A126, Fees, which fee shall be submitted with the application. Denial of the permit by the Town Board of the Town of Rhinebeck shall be in writing.
Application for such permit shall be by verified petition addressed to the Rhinebeck Town Board and shall be filed in compliance with the provisions of §
83-3 of this chapter. Such application shall include the following material:
A. A certificate from the Dutchess County Department of
Health to the effect that sanitation facilities to be provided for such assembly
or gathering are adequate to accommodate the needs of the persons to be assembled
and attending the public musical entertainment, amusement or assembly.
B. A statement of the name, age and residence address of
the applicant. If applicant is a corporation, the name of the corporation,
the names and addresses of directors, officers and stockholders owning 5%
or more of the number of shares outstanding of each class of stock shall be
provided. 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 shall be provided.
C. 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 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.
D. A 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
other structures or 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; and all service and other roads
serving the camping area, food services, toilet facilities, garbage and refuse
collection facilities and entertainment and performance areas.
E. A detailed plan and statement, with drawings showing
the methods to be used for the disposal of sanitary sewage.
F. A detailed plan and statement, with drawings showing
the distribution and supply system for supply, storage, treatment and distribution
of drinking water.
G. 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 areas shall provide
parking space of acceptable size for one motor vehicle for every four persons
in attendance.
H. A detailed plan and statement, with drawings 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 and other refuse.
I. 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.
J. 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.
K. A detailed plan and statement specifying the facilities
to be available for medical, surgical, nursing and ambulance service. The
applicant must furnish to the Rhinebeck 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.
L. 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 Rhinebeck and its various public bodies, officers and
employees. Certificates of such insurance and bonds shall be submitted to
the Rhinebeck Town Board at least 15 days prior to the commencement date of
the event.
M. A subscribed authorization from the landowner and the
applicant to the Town of Rhinebeck and the County of Dutchess to permit the
Town and County and their 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, for providing adequate police
and fire protection and protecting persons and property from danger.
N. 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.
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.
Any permit issued pursuant to this chapter may be immediately suspended
or revoked within the sole discretion of the Rhinebeck Town Board in the event
that any of the provisions of this chapter, requirements of the Dutchess County
Health Department or conditions of the permit are not complied with or adhered
to.
Any person who shall violate any provisions of this chapter shall be
deemed to have committed an offense punishable by a fine not to exceed $500
or 60 days in jail, or both. Each day upon which any such violation shall
exist or continue shall constitute a separate offense.