[HISTORY: Adopted by the Town Board of the Town of Manchester 8-13-1979
by L.L. No. 2-1979 (Ch. 116 of the 1989 Code). Amendments
noted where applicable.]
The Town Board, in order to promote proper government and to ensure
the proper protection, order, conduct, safety, health, welfare and well-being
of persons or property within the Town of Manchester, finds it is in the public
interest to enact this chapter.
A.
Unless otherwise expressly stated, the following terms
shall, for the purpose of this chapter, have the meaning herein indicated.
Words used in the present tense include the future; the singular number includes
the plural, and the masculine shall include the feminine. "Shall" is mandatory;
"may" is permissive.
B.
BUILDING
MASS GATHERING
PERSON
STRUCTURE
TOWN OF MANCHESTER
As used in this chapter, the following terms shall have
the meanings indicated:
A structure wholly or partially enclosed within exterior walls with
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 Manchester.
A.
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 Manchester, other than in established
theaters, auditoriums, outdoor amphitheaters, carnival grounds, public parks
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 800 or more people and is to continue 24 or more
hours except pursuant to a special permit issued therefor by the Town Board
of the Town of Manchester as hereinafter provided.
B.
Contents of application. Application for such permit
shall be by verified petition addressed to the Manchester Town Board and shall
be filed at least 45 days prior to the date upon which such gathering is contemplated.
Such application shall include the following written material:
(1)
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 its directors; if the applicant does not reside
in the Town of Manchester, 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
Manchester 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 of the 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 to and egress
from such parking area.
(7)
A statement containing the type, number and location
of any radio device, sound amplifier, loudspeaker, 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 shall be submitted 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 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 placed in any place
of assembly, either by mechanical device or live performances, 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 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 the chapter.
(19)
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 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 Ontario County Highway Department, the New York State
Department of Transportation, the Ontario County Sheriff's Department, the
New York State Police, the Chief Engineer of the controlling fire district
and the Fire Commissioners of the controlling fire district as to the proposed
parking area and the means of ingress to and egress from 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 Manchester, the Ontario County
Sheriff's Department and the New York State Police as to any proposed private
security or police protection.
(7)
The Chief Engineer of the controlling fire district,
the Fire Commissioners of the controlling fire district and the Fire Coordinator
of Ontario 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.
Further conditions for issuance.
(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 to determine compliance with the conditions of this
chapter.
(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 $500,000 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 the
granting of the permit and noncancelable without 10 days' prior written notice
to the Town.[1]
(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 $500,000, 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 canceled upon certification to the Town
Clerk by the Building Inspector that all conditions of this chapter have been
complied with.[2]
(4)
Where the Town Board finds the applicant to be an established camp or facility possessing a history in the community of the 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 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.
The applicant shall pay to the Town a fee of $100 at such time as he
submits his application, which fee shall be returned by the Town if such permit
is not issued.
A.
Any person who shall use or allow, let or permit to be
used property for the mass gathering of persons in excess of 800 or any person
who shall hold, promote by advertising or otherwise or cause the gathering,
collecting or congregating of persons in excess of 800 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.
If no other penalty for violation of any part of this
chapter or orders issued in compliance with this chapter is provided otherwise
by law, a person violating such part of this chapter or such orders shall
be punishable by a fine of $250 or imprisonment not to exceed 15 days, or
both, and each day such violation continues shall constitute a separate violation,
carrying with it a fine of $50 for each additional day the violation continues.[1]
C.
Any person violating this chapter shall be subject to
a civil penalty enforceable and collectible by the Town in the amount of $100
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 this chapter or
to restrain by injunction the violation or impending violation of this chapter.
