[HISTORY: Adopted by the Board of Trustees of the Village of Weedsport 9-10-1975
by L.L. No. 3-1975. Amendments noted where applicable.]
A.
Outdoor public musical entertainments, amusements and
assemblies have occurred in New York State and other states on previously
undeveloped sites, attended by assemblies exceeding 100,000 persons who camp
on the site during the event in tents, trailers and other similar facilities
usually furnished by the individual. The mass assembly of persons in the Village
of Weedsport for such events in numbers of 1,000 or more would temporarily
increase the number of persons residing within the Village of Weedsport to
several times its normal population, thereby causing problems and demands
considerably beyond the capability of existing municipal services and facilities
now available in the Village.
B.
In order to prepare for such an event, it would be necessary
to provide a temporary community with all the services required for the health,
welfare, and safety of the persons in attendance. Adequate provision must
be assured for sanitation and sanitary facilities and services; water supply;
food service; garbage and refuse collection and disposal; hospital, medical,
nursing and ambulance service; policing and traffic control; parking facilities
and control; and communication and power systems, all of which are normally
subject to governmental regulation and licensing. The temporary furnishing
of such services and facilities for outdoor public musical entertainment,
amusement or assembly intended to be attended by 1,000 or more persons similarly
requires municipal approval and regulations.
C.
Also, the conduct of such events would create a mass
movement of people through the Village of Weedsport principally upon its public
streets and highways, of a magnitude never before experienced by the Village,
with the likelihood of damage and injury to persons and property within the
Village of Weedsport. It is believed necessary that persons, corporations,
organizations, landowners and lessees conducting such events must provide
adequate financial assurance to protect persons and public and private property
within the Village.
D.
The Board of Trustees of the Village of Weedsport, New
York, therefore finds and declares that it is necessary for the government,
protection, order, conduct, safety, health and well-being of persons and property
within the Village in regard to outdoor public musical entertainment, amusements
and assemblies catering to the general public that certain rules and regulations
be established and further that there is danger to the people attending or
taking part in such events if proper sanitary, police and other health and
safety measures are not adequately provided for, and, further, that it is
necessary to adopt, under the police power of the Village, a local law to
regulate and license the holding of such outdoor public musical entertainments,
amusements and assemblies.
It shall be unlawful for any person, persons, corporation, organization,
landowner or lessee to organize, promote, conduct, or cause to be conducted
an outdoor public musical entertainment, amusement, or assembly of persons
within the Village of Weedsport catering to the general public which said
person, persons, corporation, organization, landowner or lessee believes or
has reason to believe will attract 1,000 or more persons unless a permit has
first been obtained under this chapter for the operation of said outdoor public
musical entertainment, amusement or assembly as provided by this chapter.
Such permit shall be required for each such outdoor public musical entertainment,
amusement or assembly. The fee for such permit to meet the cost of administering
the same shall be set from time to time by resolution of the Board of Trustees
and shall be submitted with the application.
Written application for a permit for such outdoor public musical entertainment,
amusement or assembly shall be made to the Board of Trustees of the Village
of Weedsport, and said application must be submitted in seven copies to the
Clerk of the Village of Weedsport 90 days or more prior to the first day upon
which the 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.
Denial of the permit by the Board of Trustees shall be in writing.
Application for such permit shall be by verified petition addressed to the Board of Trustees of the Village of Weedsport and shall be filed in compliance with the provisions of § 62-3 of this chapter. Such application shall include the following material:
A.
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 directors, officers and stockholders owning
5% or more of the number of shares outstanding of each class of stock; and
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.
B.
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 maximum 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.
C.
An occupational 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 structures or other 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 areas; all service and
other roads serving the camping area; food services and other services; toilet
facilities; garbage collection facilities; and entertainment and performance
areas.
D.
A detailed plan and statement with drawings showing the
distribution and supply system for supply, storage, for amount and distribution
of drinking water.
E.
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 area shall provide parking
space of acceptable size for one motor vehicle for every four persons in attendance.
F.
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, or other refuse.
G.
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.
H.
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.
I.
A statement and detailed plan specifying the facilities
to be available for medical, surgical, nursing and ambulance service. The
applicant shall furnish to the Board of Trustees the address of all doctors,
nurses, pharmacists, and ambulance services the applicant will provide for
the event prior to issuance of a permit.
J.
A detailed description of all insurance policies and
surety bonds to be provided by the applicant for the protection of the general
public and the Village of Weedsport. Certificates of such insurance and bonds
shall be submitted to the Board of Trustees at least 15 days prior to the
commencement date of the event.
K.
A subscribed authorization from the landowner and the
applicant to the Board of Trustees to permit the Village and its 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, providing adequate police and fire protection, and protecting
persons and property from damage.
L.
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.
A.
No permit shall be issued unless the applicant shall
furnish the Village of Weedsport with a comprehensive liability insurance
policy insuring the Village against liability for damage to persons or property
with limits of not less than $500,000/$1,000,000 for bodily injury or death
and limits of not less than $500,000 for property damage, sufficient in form
to save the Village harmless from any liability or causes of action which
might arise by reason of granting of the permit and noncancellable without
10 days' prior written notice to the Village.
B.
No permit shall be issued unless the applicant shall
deposit with the Village Clerk of the Village of Weedsport cash or good surety
company bond, approved by the Village of Weedsport in such sum not less than
$100,000 as the Board of Trustees may reasonably require and conditioned that
all requirements of the permit will be fully performed by the applicant; 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 the public
or private property, by reason of the granting of the permit, which cash shall
be refunded or surety company bond be canceled upon certification by the Board
of Trustees of the Village of Weedsport that all conditions of this chapter
have been complied with. Such surety bond or cash shall serve as an indemnity
to save and protect the streets, pavements, bridges, road signs and other
property of the Village of Weedsport from any and all damage that may be caused
by vehicles, employees, or participants in such event and to be used, if necessary,
to restore the ground where such event is held to a sanitary condition and
pay all charges and losses to the Village for damages to streets, pavements,
bridges and other property provided, further, that should the licensed event
necessitate the employment of additional Village personnel and equipment,
such added expense shall be recoverable from the principal and/or its surety.
The deposit or its balance is to be returned when the Board of Trustees of
the Village of Weedsport has determined that no such damage has been done
and that the Village did not incur such additional expense due to said event
or that the cost of the above have been paid by the applicant.
C.
If the applicant has provided in his application that
any services or facilities are to be supplied by contract, lease or other
arrangement with third parties, then no permit shall be issued unless the
applicant shall obtain and submit to the Village cash or good surety company
bond approved by the Village of Weedsport at least equal in amount to the
consideration to be paid to or by such third parties for services and/or facilities
to be furnished and conditioned that each such third party will fully perform
its provision of such services and/or facilities as set forth in the application.
If a permit is granted by the Board of Trustees of the Village of Weedsport,
such permit shall set forth the maximum number of persons to be permitted
to attend the event. The Board of Trustees, in determining such maximum limit,
shall take into consideration the capacity of the site and of available public
highways and other means of transportation to and from the site. The applicant
shall limit all ticket sales to such maximum number and shall include such
limitation in all advertising; no tickets shall be sold at or near the site
of the event during the term of the event. The applicant shall specify in
all advertising and promotional endeavors the limitation on number of tickets
to be sold or otherwise issued and the unavailability of 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 Board of Trustees 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.
If after a permit is issued the Board of Trustees, through its lawful
agents, determines that any of the items required as a condition of the permit
are not adhered to and accomplished within the required time limits or if
any of the contracts, leases or other arrangements for provision of services
and facilities or any insurance or surety bond shall become terminated prior
to the completion of the event, then this permit may immediately thereupon
be terminated by action of the Board of Trustees, unless breach or failure
is promptly remedied within such time limit as may be reasonably imposed by
the Board of Trustees of the Village of Weedsport. Notice of termination of
the permit shall be in writing, addressed to the applicant at the address
set forth in the application.
A.
Any person, persons, corporation, organization, landowner,
or lessee who shall organize, promote, conduct or cause to be conducted an
outdoor public musical entertainment, amusement or assembly of persons within
the Village of Weedsport catering to the general public which said person,
persons, corporation, organization, landowner or lessee believes or has reason
to believe will attract 1,000 or more persons 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 violation 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 which the violation occurs or continues. A separate penalty
may be imposed for each separate offense.
C.
In addition to the above-provided penalties, the Board
of Trustees may also maintain an action or proceeding in the name of the Village
of Weedsport in a court of competent jurisdiction to compel compliance with
or to restrain by injunction the violation of such chapter.
