Town of Brownville, NY Public Assembly

No person shall use or allow, let or permit to be used his own property for the assembly of persons in excess of five hundred (500) persons, nor shall any person use or 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 five hundred (500) persons, except when a written permit authorizing such use and assembly is issued by the Town Board, through its Clerk, following a public hearing held by the Town Board.

Application information; advertising of event.

(1)

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 one hundred twenty (120) days prior to the date upon which such use and assembly shall occur. The Town Board shall conduct a public hearing within thirty (30) days after the application's completed submission and act upon it within thirty (30) days after such public hearing. Such application shall include the following information:

(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 its directors and officers; if the applicant does not reside within the Town of Brownville, 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 Jefferson 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.

(b)

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 any one (1) time and collectively; the expected number of automobiles and vehicles intended to use the property at any one (1) 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.

(c)

A map, prepared by a licensed land surveyor or licensed public engineer, showing:

[1]

The size of the property, including Tax Map section, block and lot number designations.

[2]

The zoning district, if any, in which it is located.

[3]

The names of the record owners of the adjoining properties.

[4]

The streets or highways abutting said property.

[5]

The size and location of any existing buildings or structures.

[6]

The size and location of any buildings or structures to be erected for the purpose of the assembly and use, and the method of construction and materials to be used in any new building or structure.

(d)

Sanitary and water facilities.

[1]

A plan or drawing, to scale, prepared by a licensed public engineer or licensed land surveyor, showing the method and manner in which:

[a]

Sanitary facilities are to be provided for the disposal of human waste, garbage and other debris.

[b]

Water is to be supplied, stored and distributed to those people attending.

[2]

All state and local agencies having any interest in Subsection B(1)(d)[1][a] and [b] shall be consulted and any license or permits requested by such agencies shall be obtained by the applicant.

(e)

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. Under no circumstances will on-road parking be allowed. Violation of this provision will be grounds for the revocation of the permit and forfeiture of all fees required in the original permit application.

(f)

A statement containing the type, number and location of any radar device, sound amplifier, loudspeaker, sound truck or other similar sound equipment.

(g)

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 shall be submitted 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. All state and local agencies having any vested interest in this subsection shall be consulted, and any license or permit required by these agencies shall be obtained by the applicant.

(h)

A statement specifying what private security guards or police will be engaged, the number of such persons and duties to be performed by such persons, including the hours to be worked and areas of responsibility. All persons so engaged will be employed in such capacity on their own off-duty time and not during the course of their regular job tour of duty, except as so assigned by their superiors.

(i)

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, and showing approval of the Chief of the local fire company within whose jurisdiction the assembly is planned.

(j)

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.

(k)

A statement specifying the facilities to be available for emergency treatment of any person who may require medical or nursing attention.

(l)

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.

(m)

A statement specifying the contemplated duration of the assembly up to a maximum of seven (7) consecutive days or nights.

(n)

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.

(2)

No advertising of the event shall occur until the permit is issued by the Town Clerk. All posters or other public advertising media shall be removed within fifteen (15) days after the final event. Failure to remove such advertising will result in the town doing so at the expense of the sponsor.

Criteria for issuance of permits; hours of event noted.

(1)

No permits shall be issued by the town unless it is clearly shown that all of the following are provided for and approved, in writing, by the State Department of Health and State Department of Environmental Conservation, the St. Lawrence-Eastern Ontario Commission, the Town of Brownville Planning Board and the Jefferson County Planning Board, and the issuance of permits and permits and licenses have been issued therefor by such agencies, if required, and any other agencies requested by the Town Board:

(a)

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 backsiphonage 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 in the source or in the method of treatment of a drinking water supply shall be made without first notifying the permit-issuing official and securing his written approval to do so.

(b)

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 or adjacent ground surface, and each such privy 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. State or local requirements for handicapped toilet facilities must be complied with.

(c)

Adequate facilities for the satisfactory disposal or treatment and disposal of sewage. Such facilities shall meet the standards and requirements of the New York State Department of Health.

(d)

Adequate facilities and arrangements for safe, clean disposal of solid waste, garbage and trash.

(e)

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.

(f)

Adequate off-street and off-road parking facilities for the contemplated number of people attending the assembly or use. Parking space shall be provided for at the rate of at least one (1) car for every four (4) persons in attendance. Parking facilities for the handicapped shall comply with state or local requirements.

(g)

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.

(h)

An adequate number of access roads to and from the site of the assembly or use.

(i)

Adequate medical facilities, including a first aid station. It must be shown that at least one (1) doctor will be in attendance at all times and that at least one (1) registered nurse for each five hundred (500) people in attendance will be on duty at all times.

(j)

Adequate fire-protection arrangements, which shall be made to satisfy the Fire Chief having jurisdiction of the area where the event is to be held. In any case, if in the opinion of the Town Board, manned on-site fire-protection equipment is deemed necessary, it shall be the obligation of the applicant to obtain such manned equipment at his expense, with major preference given to the local Fire Department having first call status for the event area.

(2)

The hours for each and every event shall be stated in writing to the Town Board and must be complied with so that the local area is not disturbed as far as noise, traffic or any activity which would constitute a nuisance to the population of the general area.

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 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 persons and property, with limits of not less than five million dollars/ten million dollars ($5,000,000./$10,000,000.) for bodily injury or death and limits of not less than five million dollars/twenty-five million dollars ($5,000,000./$25,000,000.) 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 ten (10) days' prior written notice to the town. The applicant shall further provide a security deposit by certified check, payable to the town, in the amount of ten thousand dollars ($10,000.) for each day of the scheduled events. This security deposit will ensure the timely removal of trash and other waste material, the timely removal of all posted advertising, the cost of additional persons if, in the opinion of the Sheriff, state police, zone commander or Supervisor of the town, such additional help is required in order to assure the health and safety and well-being of the residents or region where such event is being or was held. This security deposit will also assure the town the necessary funds to correct and restore any condition the Town Board feels was caused by the event to the ultimate detriment of the region where such event was held. Any unused portion of such deposit shall be returned to the applicant within thirty (30) days after such condition is corrected.

Within five (5) days from the date of the termination of the assembly, trash, paper, garbage and other waste material shall be completely removed from the premises, adjoining property or any other area of accumulation in a safe, clean and sanitary manner.

Any permit issued may be revoked by the Town Board through its Clerk or Supervisor if, at any time, it shall 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.