[HISTORY: Adopted by the Town Board of the
Town of Saratoga 3-13-2006 by L.L. No. 2-2006. Amendments noted where
applicable.]
The purpose of this chapter is to protect public
health, welfare, safety, peace and tranquility by regulating mass
gatherings within the Town of Saratoga.
For the purpose of this chapter, the following
terms shall have the meanings indicated:
Any assemblage or gathering of people at a public or private
amusement or event of a temporary nature, whether or not in connection
therewith any charge is made either to participants or spectators;
however, such term, "mass gathering," shall not include any activity
having fewer than 500 people in attendance.
No person, firm, corporation or company shall
hold or promote, by advertising or otherwise, a mass gathering unless
a permit shall have been issued therefor by the Town Board of the
Town of Saratoga as herein provided.
A.
General application requirements.
(1)
An application for a permit under this section shall
be submitted to the Town Board of the Town of Saratoga no less than
60 days prior to the proposed activity, together with an application
fee in the amount of $750. This application fee may, in the discretion
of the Town Board, be waived. A permit under this section may be issued
by the Town Board upon the written application of the person or entity
who or which will promote or hold the mass gathering and after a public
hearing to be held by the Town Board. The application may be in letter
form and shall identify the area and location of such mass gathering,
the date or dates thereof and such other information as required by
the Board to assure that there is provided the following:
[Amended 2-11-2008 by L.L. No. 2-2008]
(a)
Adequate parking.
(b)
Adequate traffic control.
(c)
Adequate crowd control.
(d)
Adequate provision for public safety.
(e)
Adequate sanitation facilities.
(f)
Adequate medical and first aid facilities.
(g)
Adequate potable water supply.
(h)
Adequate fire protection.
(i)
Complete removal of refuse and cleanup of the
area and location within 24 hours following the gathering.
(j)
Adequate water rescue plan, if applicable.
(2)
Each application shall be further accompanied by such
additional plans, reports, specifications and other material as may
be required by the Town Board respecting the provisions of water supply,
sewerage facilities, drainage, refuse storage and disposal facilities,
food services, medical facilities and fire protection. The Town Board
may, in its discretion, place conditions on any approval given pursuant
to this chapter as it may deem appropriate to ensure health, safety
and welfare of the public.
B.
If the applicant is a corporation, the name of the
corporation and the names and addresses of its directors shall be
set forth. Furthermore, if the applicant resides outside the County
of Saratoga, the applicant shall set forth the name and address of
an agent, who shall be a natural person, who shall reside in or have
a place of business in the County of Saratoga and who shall be authorized
to and shall agree by an acknowledged statement to accept notices
issued with respect to the application, construction or enforcement
of this chapter.
C.
Each applicant shall include in this application:
(1)
The name, address and record owner or owners of the
property or properties where the mass gathering shall occur and the
nature and interest of the applicant therein.
(2)
The proposed dates and hours of such mass gathering.
(3)
The expected number of automobiles and vehicles intended
to use the property or properties at one time and collectively.
(4)
The purpose of the mass gathering, including the nature
of the activity to be carried on and the admission fee to be charged,
if any.
(5)
The maximum expected number of attendees at the gathering.
(6)
The proposed measures and facilities to limit the
number of persons attending to the maximum expected number.
D.
Each applicant shall submit a plan or drawing to scale
showing :
(1)
The method and manner in which sanitary facilities
are to be provided for the disposal of human wastes.
(2)
The method or manner in which water will be supplied,
stored and distributed to those persons attending.
(3)
The layout of any parking area for motor vehicles,
including the means of egress and ingress to such parking areas, with
such plan to reflect the best and safest means of traffic control
and safety for persons attending and the general public, including
an emergency evacuation plan, and any necessary measures to provide
for illumination or the suppressing of dust, if applicable. All parking
for the gathering shall be suitable off-street parking.
E.
Each applicant shall submit a statement specifying
whether food or beverages are intended to be prepared, sold or distributed.
If food or beverages are intended to be prepared, sold or distributed,
each applicant shall submit a statement specifying the manner of preparation
and distribution of such and the method of disposing of garbage, trash,
rubbish or any other refuse arising therefrom.
F.
Each applicant for a permit shall submit proof of
an adequate comprehensive liability insurance policy, in an amount
to be determined by the Town Board, insuring the Town of Saratoga,
its officers and employees, from liability to persons or property
and naming the Town of Saratoga, its officers and employees, as being
coinsured persons or as additional insured parties. Such policy shall
not be cancelable by the insurer without 10 days’ prior written
notice to the Town of Saratoga.
G.
The Town Board may, in its discretion, require the
applicant to submit a written certification from the Saratoga County
Sheriff, New York State Police or New York State Department of Transportation
that the traffic control plan is satisfactory.
No mass gathering authorized pursuant to the
provisions of this chapter shall extend or be conducted beyond 12:00
midnight of any day, nor shall an authorized mass gathering commence
activity on any day prior to 5:00 a.m.
Any permit granted hereunder may be revoked
by the Town Board of the Town of Saratoga if it finds that the mass
gathering for which a permit was issued is maintained, operated or
occupied in violation of this chapter or the Sanitary Code of the
State of New York.
If the Town Board of the Town of Saratoga shall
deny any application for a permit under this chapter, the Town Clerk
of the Town of Saratoga shall notify the applicant, in writing, of
the disapproval and shall include therein the reasons for such disapproval.
No permit issued by the Town Board shall be
transferred or assigned to any person or used by any person other
than the person to whom it was issued, nor shall any permit be used
on any location other than the location stated in the permit application.
A.
A failure to comply with the provisions of this chapter
shall be deemed a misdemeanor, and the violator shall be liable for
a fine of up to $1,000 for each such offense and/or imprisonment for
not more than one year.
B.
In addition to the above-provided penalties, the Town
Board may maintain an action or proceeding in the name of the Town
in a court of competent jurisdiction to compel compliance with or
restrain by injunction any violation of this chapter.
