[HISTORY: Adopted by the Town Board of the
Town of Walworth 11-18-1999 by L.L. No. 6-1999. Amendments noted where
applicable.]
The Town Board, in order to promote proper government
and ensure the proper protection, order, conduct, safety, health,
welfare and well-being of persons and property within the Town of
Walworth, Wayne County, New York, finds it is in the public interest
to enact this chapter pursuant to the provisions of Municipal Home
Rule Law and the Town Law of the State of New York. This chapter shall
regulate the assembly of persons, where such assembly exceeds 200
persons, at any place within the Town of Walworth, Wayne County, New
York, except where such assembly is organized by and under the direct
control of a volunteer fire company within a town, a fraternal or
civic organization having a local chapter within the Town or a religious
corporation having a house of worship within the Town or the annual
Festival in the Park.
B.
ASSEMBLY
BUILDING
PERSON
STRUCTURE
Unless otherwise expressly stated, the following terms
shall, for the purpose of this chapter, have the meanings herein indicated:
The gathering or collecting or congregating of persons at
any place within the Town, with or without the levy of an admission
fee, for a common purpose, such as but not limited to sports events,
circuses, carnivals, festivals, music festivals and religious observances.
A structure, wholly or partially enclosed, supported by columns
and/or walls with a roof, of permanent or temporary nature, affording
shelter to persons, animals, or chattels.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any individual, firm, company, association, society, corporation
or group.
Anything constructed or erected which requires permanent
support or attachment to the ground or beneath the ground.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
No person shall use, allow, let or permit to be used
property for assembly of persons in excess of 200 persons, nor shall
any person use, allow, let or permit to be used property for any part
or portion of such assembly of persons, which total assembly in the
aggregate is in excess of 200 persons, unless upon written permit
authorizing such use and assembly issued by the Town Board through
its Clerk.
B.
Application for such permit shall be by verified petition
on forms to be furnished by the Town, addressed to the Town Board
and filed with the Town Clerk at least 60 days prior to the date upon
which such use and assembly shall occur. The Town Board shall act
upon the application within 30 days after its submission. Such application
shall include the following information:
(1)
A statement of the name, age and residence address
of the applicant; if the applicant is a corporation, the name of the
corporation, the names and addresses of its directors and officers;
if the applicant does not reside within the Town of Walworth, the
name and address of an agent who shall be a natural person and who
shall reside in or have a place of business in the County of Wayne
and who shall be authorized to and shall agree in a verified statement
to accept notices or summonses issued with respect to the application,
the conduct of the assembly or use in any manner involving it arising
out of the application, construction or application of this chapter.
(2)
A statement containing the name, address and record
owner of the property where the assembly and use shall occur and the
nature and interest of the applicant therein; the proposed dates or
if the business operation is throughout the year or seasonal in nature,
then the specific month or parts of a month in which the public assembly
is proposed, and, in all cases, the application shall set forth the
hours of such assembly and the specific proposed use, the expected
number of persons intended to use the property at any one time and
collectively; the expected number of vehicles intended to use the
property at any one time.
[Amended 3-20-2003 by L.L. No. 1-2003;
at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(3)
A map prepared by a licensed land surveyor (if required
by the Town Board) or licensed professional engineer (if required
by the Town Board) showing the size of the property; the zoning district
in which it is located; the names and record owners of the adjoining
properties; the streets or highways abutting said property; the size
and location of any existing building, buildings or structures to
be erected for the purpose of the assembly and use, the method, construction
and materials to be used in any new building or structure.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(4)
A plan or drawing to scale prepared by a licensed
professional engineer (if required by the Town Board) or licensed
land surveyor (if required by the Town Board) showing the method and
manner in which:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(5)
A plan drawn to scale showing the layout of any parking
area for motor vehicles, including the means of egress and ingress
to such parking area.
(6)
A statement containing the type, number and location
of any radar device, sound amplifier or loudspeaker or sound truck
or other similar sound equipment.
(7)
A statement specifying whether food or beverage is
intended to be prepared, served or distributed. If food or beverages
are 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 garbage, trash, rubbish or any other
refuse arising therefrom. If food or beverage is to be prepared, sold
and distributed, a plan or drawn to scale must be attached to the
application showing the building or other structure from which the
food or beverage shall be prepared, sold or distributed.
(8)
A statement specifying whether any private security
guards or police will be engaged and, if so, the numbers and duties
to be performed by such persons, including the hours to be worked
and areas of responsibility.
(9)
A statement specifying the precautions to be utilized
for fire protection, including a plan or drawing to scale, specifying
the location of fire lanes and water supply for fire control.
(10)
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 illuminating power of such lights and signs.
(11)
A statement specifying the facilities to be
available for emergency treatment of any person who may require medical
or nursing attention.
(12)
A statement specifying whether any camping or
housing facilities are to be available and, if so, a plan drawn to
scale showing the intended number and location of the same.
(13)
A statement specifying the contemplated duration
of assembly and use.
(14)
If the assembly and use are to continue from
one day into another, a statement specifying the camping or housing
facilities available or to be made available on the premises.
C.
No permit shall be issued unless it is clearly shown
that all of the following are provided for and approved in writing
by the New York State Department of Health (if appropriate), Department
of Environmental Conservation (if appropriate) and the Town Board
of the Town of Walworth:
(1)
Public drinking water adequate in quantity and quality,
delivered or piped as to be easily accessible and satisfactory to
the engineer for the Town and the State of New York Department of
Health. Where water-treatment process is employed, an accurate and
complete record of the process and operation required to meet all
Department of Health standards for fresh water supply permits, thereof
shall be maintained daily, and no change of the source or in the method
or treatment of a public drinking water supply shall be made without
first securing written approval from the engineer for the Town and
the Department of Health prior to making such change.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Toilet facilities adequate for the capacity of the
assembly or use in compliance with the Americans with Disabilities
Act shall be so located as to be conveniently available and be construed
and maintained that they will not be offensive. Toilet facilities
for groups of people consisting of both sexes shall be so arranged
that the facilities shall be separate for each sex. No privy shall
be so located or constructed that it will, by leakage or seepage,
possibly pollute a water supply, surface water or adjacent ground
surface and shall be constructed in accordance with the requirements
of the New York State Department of Health and shall be so maintained
that it will not permit access of flies to the privy vault.
(3)
Adequate facilities for the satisfactory disposal
or treatment and disposal of sewage shall be maintained. Such facility
shall meet with the standards and requirements of the New York State
Department of Health, New York State Department of Environmental Conservation
and the engineer for the Town of Walworth.
(4)
Adequate facilities and arrangements for safe, clean
disposal of solid waste, garbage and trash.
(5)
Adequate supply of food, including provisions for
sanitary storage, handling and protection of food and beverages until
served or used. A showing must be made that where food is to be prepared
or consumed there are facilities for washing, disinfecting and storing
dishes and food utensils.
(6)
Adequate off-street and off-road facilities for the
contemplated number of people attending the assembly or use. Parking
space shall be provided for at least one car for every four persons
in attendance.
(7)
Adequate camping and housing facilities for the contemplated
number of people in attendance, if it is contemplated that the assembly
or use shall extend from one day to another.
(8)
An adequate number of access roads to and from the
site of the assembly or use and an adequate number of areas designated
for emergency medical facilities. The applicant shall provide a map
showing access roads to and from the site and areas designated for
emergency medical facilities.
(9)
Adequate medical facilities (including a first aid
station) and sufficient medical personnel, including doctors and nurses,
as may be determined by decision of the Town Board.
(10)
Adequate fire protection arrangements for buildings.
D.
No permit shall be issued unless the owner and the
owner's tenant or lessee, if any, shall furnish the Town with written
authorization to permit the Town or its lawful agents to go upon the
property at any time for the purpose of inspecting the same, the facilities
provided thereon and the cleaning of the premises after the termination
of the assembly.
E.
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 person or property with limits
of not less than $500,000 to $2,000,000 for bodily injury or death
and limits of not less than $500,000 for property damage, sufficient
to save the Town harmless from any liability or cause of action which
might arise by reason of the granting of the permit and not cancelable
without 10 days' prior written notice to the Town. The applicant shall
further provide a security deposit in an amount to be determined by
resolution of the Town Board and said deposit shall be deposited with
the Town to ensure the removal of trash and other waste material as
hereinafter provided, which deposit shall be returned to the applicant
within 10 days from the date of termination of the assembly after
deduction therefrom of all expenses caused by the applicant's noncompliance
to remove said trash and other waste material.
F.
Within 24 hours from the date of the termination of
the assembly, trash, paper, garbage and other waste material shall
be completely removed from the premises in a safe, clean and sanitary
manner.
G.
The applicant shall comply with the State Environmental
Quality Review Laws and Regulations, which may be applicable.
H.
Any permit issued may be revoked by the Town Board,
through its Clerk, if at any time it should be determined that the
applicant has failed to provide the facilities as specified in the
application or that the setting up of the facilities provided for
in the application cannot be reasonably accomplished within the time
or dates set forth for the assembly or use or in the event the use
connected with the public assembly creates such noise that it endangers
or infringes upon the public's comfort, peace or repose of those not
participating in the use or part of the public assembly or if such
use and assembly connected thereto creates any infringement upon the
public health, safety and welfare of those persons being part of the
public assembly or the persons of those not participating in the assembly
connected to the use.
[Amended 3-20-2003 by L.L. No. 1-2003]
I.
In issuing a permit, the Town Board, in the event
the public assembly is intended to take place throughout the year,
may issue an annual permit; in the event the public assembly is seasonal,
may issue a seasonal permit; or in the event the public assembly is
for one event, may issue a permit for the duration of the event. The
Town Board in cases where an annual permit, seasonal permit or one-event
permit for a public assembly is issued, shall set forth specifically
the dates and times of the permitted public assembly. In issuing a
permit pursuant to this chapter, the Town Board may establish such
conditions as it may deem advisable in said permit to protect the
health, safety and welfare of those participating in the public assembly
and of the inhabitants of the Town of Walworth.
[Amended 3-20-2003 by L.L. No. 1-2003]
[Amended 11-5-2015 by L.L. No. 5-2015]
Each application shall be accompanied by a fee
for the Town’s examination and processing of such application
and shall not be refundable in whole or in part. Said fee is set forth
at the Town of Walworth Fee Schedule on file with the Walworth Town
Clerk, which fee shall be determined by Town Board resolution.
A.
Any person who shall use, allow, let or permit to
be used property for the assembly of persons in excess of 200 or who
shall use, allow, let or permit to be used property for any part or
portion of such assembly, which total assembly in the aggregate is
in excess of 200 persons, or any person who shall cause the gathering,
collecting or congregating of persons in excess of 200 at any place
within the Town without first obtaining a written permit in accordance
with the provisions of this chapter shall be deemed to have violated
this chapter and committed an offense and shall be liable for the
penalties provided. Any person who commits or permits any act in violation
of any provision of this chapter shall be deemed to have violated
this chapter and committed an offense and shall be liable for the
penalties provided.
B.
For each violation of the provisions of this chapter,
the person violating the same shall be subject to a fine of not more
than $250 or imprisonment not to exceed 15 days, or to both such fine
and imprisonment. Each day's continued violation shall constitute
a separate offense.
C.
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
to restrain by injunction the violation of this chapter.
