[HISTORY: Adopted by the Town Board of the Town of Parma 7-26-1982. Amendments
noted where applicable.]
GENERAL REFERENCES
Parks, recreation and public buildings — See Ch. 97.
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 Parma, Monroe
County, New York, finds that it is in the public interest to enact
this chapter pursuant to the provisions of § 130, Subdivisions
11, 15 and 19, of the Town Law of the State of New York. This chapter
shall regulate the assembly of persons where such assembly exceeds
400 persons at any place within the Town of Parma, Monroe County,
New York; except where such assembly is organized by and under the
direct control of a volunteer fire company within the town, a fraternal
or civic organization having a local chapter within the town or a
religious corporation owning and operating a house of worship within
the town. Also exempted from this provision are schools and approved,
legally licensed establishments such as restaurants, party houses,
golf courses and similar businesses located within the Town of Parma
whose normal capacity for scheduled operations may exceed the number
of assembled persons contained in this section.
A.
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, 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.
Anything built or erected which rests upon or in the ground,
or requires the support of the ground, including, among other things,
houses, barns, stadiums, stages, prop forms, radio towers, sheds,
storage bins, tents, billboards, space signs, bleachers, ramps and
seats.
B.
Words used in the present tense include the future; the singular
number includes the plural and the masculine shall include the feminine.
C.
The term "shall" is mandatory, and "may" is permissive.
A.
No person shall use, allow, let or permit to be used property for
the assembly of persons in excess of 400 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 400 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 verified petition on forms to
be furnished by the town, addressed to the Town Board and filed with
the Town Clerk at least 45 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 Parma, 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 Monroe, and who shall be
authorized to and shall agree by 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 and hours of
such assembly and use; the expected maximum number of persons intended
to use the property at one time and collectively; the expected number
of automobiles and vehicles intended to use the property at 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.
(3)
A map prepared by a licensed land surveyor or licensed professional
engineer showing the size of the property; the zoning district (if
any) in which it is located, the names and record owners of the adjoining
properties; the streets or highways abutting the said property; and
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.
(4)
A plan or drawing to scale prepared by a licensed professional engineer
or licensed land surveyor showing the method and manner in which:
(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 drawing to scale must be attached to the application showing
the buildings or other structure from which the food or beverages
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 Monroe
County Health Department and the Town Board of the Town of Parma:
(1)
Drinking water adequate in quantity and quality satisfactory to the
permit issuing official. Drinking water shall be readily available
to all persons attending the assembly or use. Only drinking water
shall be so delivered or piped as to be easily accessible. A well
or spring used as a source of drinking water and the structure used
for the storage of drinking water shall be so constructed and located
as to protect the contents against pollution. A pipe or pump delivering
the 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 drinking water and a pipe carrying water not
of a quality satisfactory to the permit issuing authority. A fixture,
installation or equipment from which back-siphonage may occur shall
not be supplied water from a pipe carrying drinking water. All pipes
carrying 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. Any drinking fountain shall be of approved sanitary design and
construction. Where a water treatment process is employed, an accurate
and complete report of the process and operation thereof shall be
maintained daily, and no change of the source or in the method or
treatment of a drinking water supply shall be made without first notifying
the permit issuing official and securing his written approval to do
so.
(2)
Toilet facilities adequate for the capacity of the assembly or use.
These facilities shall be so located as to be conveniently available
and shall be so constructed 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 separated 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 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 facilities shall meet
with the standards and requirements of the New York State Department
of Health and Monroe County Health Department.
(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.
(9)
Adequate medical facilities, including a first-aid station. It must
be shown that at least one doctor shall be in attendance at all times
and that at least one registered nurse for each 500 people in attendance
will be on duty at all times.
(10)
Adequate fire protection arrangements for buildings.
D.
No permit shall be issued unless the owner and his 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/$1,000,000 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 provide to the town a cash security deposit of $500, plus $200
per acre, or each major fraction of an acre, of the total area proposed
to be used for any aspect of the assembly. Such security deposit shall
be provided to ensure the removal of trash and other waste material
as hereinafter required. The 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 five days 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.
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 date set for the assembly
or use.
Each application shall be accompanied by a fee in the amount
of $500 at the time of its submission. The fee shall compensate the
town for its examination and processing of such application and shall
not be refundable in whole or in part.
A.
Any person who shall use, allow, let or permit to be used property
for the assembly of persons in the excess of 400 persons or shall
use, allow, let or permit to be used property or any part of portion
of such assembly which total assembly in the aggregate is in excess
of 400 persons, or any person who shall cause the gathering, collecting
or congregating of persons in excess of 400 persons 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 a misdemeanor against the chapter 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 a misdemeanor against
the chapter 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 $1,000 nor less
than $100 or imprisonment not to exceed one year, or to both such
fine and imprisonment.[1]
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 such ordinance.