[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.
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, with exterior walls and a roof, of permanent or temporary nature, affording shelter to persons, animals or property.
- Any individual, firm, company, association, society, corporation or group.
- A combination of materials to form a construction that is safe and stable and includes among other things, stadiums, stages, prop forms, radio towers, sheds, storage bins, tents, billboards, space signs, bleachers, ramps and seats.
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.
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:
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.
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 months 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, which is connected to the public assembly; the expected maximum number of persons intended to use the property at any one time and collectively; the expected number of automobiles and vehicles intended to use the property at any one time and collectively; and the purpose of the assembly and use including the nature of the activity to be carried on and the admission fee to be charged, if any.
[Amended 3-20-2003 by L.L. No. 1-2003]
A map prepared by a licensed land surveyor (if required by the Town Board) or licensed public 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.
A plan or drawing to scale prepared by a licensed public engineer (if required by the Town Board) or licensed land surveyor (if required by the Town Board) showing the method and manner in which:
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.
A statement containing the type, number and location of any radar device, sound amplifier or loudspeaker or sound truck or other similar sound equipment.
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.
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.
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.
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.
A statement specifying the facilities to be available for emergency treatment of any person who may require medical or nursing attention.
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.
A statement specifying the contemplated duration of assembly and use.
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.
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:
Public drinking water adequate in quantity and quality satisfactory to the permit-issuing official. Public drinking water shall be readily available to all persons attending the assembly or use. Only public drinking water shall be so delivered or piped as to be easily accessible. A well or spring used as a source of public drinking water and the structure used for the storage of public drinking water shall be so constructed and located as to protect the contents against pollution. A pipe or pump delivering the public drinking water shall be of the type and installation acceptable to the permit-issuing official. There shall be no physical connection between a pipe carrying public drinking water and a pipe carrying water not of a quality satisfactory to the permit-issuing authority. A fixture, installation or equipment from which backsiphonage may occur shall not be supplied water from a pipe carrying public drinking water. All pipes carrying public drinking water shall be buried to a sufficient depth below the surface of the ground to prevent their damage or destruction. A common drinking container shall not be provided or allowed to be used. A drinking fountain shall be of approved sanitary design and construction. Where a water-treatment process is employed, an accurate and complete record of the process and operation 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 notifying the permit-issuing official and securing such official's written approval to do so.
Toilet facilities adequate for the capacity of the assembly or use in compliance with the American 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.
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.
Adequate facilities and arrangements for safe, clean disposal of solid waste, garbage and trash.
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.
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.
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.
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.
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.
Adequate fire protection arrangements for buildings.
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.
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.
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.
The applicant shall comply with the State Environmental Quality Review Laws and Regulations, which may be applicable.
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]
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.
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.
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.
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.