[HISTORY: Adopted by the Town Board of the Town of Phelps 7-21-1975 as Ch. 166 of the 1975 Code. Amendments noted where applicable.]
Fees — See Ch. A157.
In order to preserve the public peace and good order, to prevent riots and tumultuous assemblages, unreasonably loud or disturbing noises and disorderly, noisy, riotous or tumultuous conduct and to promote the health, safety, morals and general welfare of the community consonant with the rights of its citizens and inhabitants and others to peacefully assemble, this chapter is enacted.
This chapter shall regulate the assembly of persons at temporary outdoor public gatherings for the furnishing of live entertainment or the amplification of music through electronic means, whether recorded or live, where 100 or more persons are expected to congregate.
Unless otherwise expressly stated, the following terms shall, for the purposes of this chapter, have the meanings herein indicated:
- The gathering, collecting or congregating of persons with or without the levy of an admission fee.
- A structure wholly or partially enclosed within exterior walls and a roof, of permanent or temporary nature, affording shelter to persons, animals or property.
- PUBLIC PLACE
- A place to which the public or a substantial group of persons is invited or has access.
- A combination of materials to form a construction that is safe and stable and includes, among other things, stadiums, stages, platforms, radio towers, sheds, storage bins, tents, billboards and display signs.
- TEMPORARY OUTDOOR ENTERTAINMENT
- The furnishing of entertainment for a period of 30 days or less where the audience is not contained in an enclosed structure or building.
No person shall use, allow, let or permit to be used property for the assembly of persons for temporary outdoor entertainment in excess of 100 persons at each performance unless written permit shall have been obtained from the Town Board.
Application for such permit shall be by verified petition addressed to the Town Board and shall be filed personally with the office of the Town Clerk at least 21 days prior to the date upon which the commencement of such assembly is contemplated, unless otherwise waived by the Town Board.
Such application shall include the following written material:
A statement of the name, age and residence address of the applicant; if applicant is a corporation, the name of the corporation, the names and addresses of directors, officers and stockholders owning 5% or more of the number of shares outstanding of each class of stock; if the applicant does not reside in the County of Ontario, the name and address of an agent who shall be a natural person and shall reside or have a place of business in the County of Ontario and who shall be authorized to and shall agree by verified statement to accept notices or summonses issued with respect to violations of any law, ordinances, rules or regulations.
A statement containing the name and address of the record owner of the subject property or properties and the nature and interest of the applicant therein; the proposed dates and hours of such assembly; the expected maximum number of persons intended to use the property at one time and collectively; the expected number of automobiles and other vehicles intended to use the property at one time and collectively; and the purpose of the function, including the nature of the activities to be carried on, and the admission fee to be charged, if any.
A map showing the size of the property; the zoning district in which it is located; the streets or highways abutting said property; the size and location of any existing building, buildings or structures or of any proposed building, buildings or structures to be erected for the purpose of the assembly.
A plan or drawing showing the method to be used for the disposal of sanitary sewage.
A plan or drawing showing the method to be used for the supply, storage and distribution of water.
A plan or drawing showing the layout of any parking area for automobiles and other vehicles and the means of ingress and egress to such parking area. Such parking area shall provide one parking space for every four persons in attendance.
A statement specifying the method of disposing of any garbage, trash, rubbish or other refuse arising therefrom.
If a person other than the person applying for the permit will be engaged in the sale and distribution of food and beverage, the name and address of such person.
A statement specifying whether any private security guards or police will be engaged and, if so, the number thereof and the duties to be performed by such persons.
A statement specifying the precautions to be utilized for fire protection, and a map specifying the location of fire lanes and water supply for fire control.
A statement specifying the facilities to be available for emergency treatment of any person who might require immediate medical or nursing attention.
A statement specifying whether any camping or housing facilities are to be available and, if so, a plan showing the intended number and location of the same.
A statement that no soot, cinders, smoke, noxious acids, fumes, gases or unusual odors or loud or excessive noises shall be permitted to unreasonably emanate beyond the property line of the assembly.
No permit shall be issued unless the permittee shall furnish the town with written authorization to permit the town or its lawful agents to go upon the subject property for the purpose of inspecting the same, providing adequate police and fire protection and protecting persons and property from danger.
No permit shall be issued unless the applicant shall furnish the town with a comprehensive liability insurance policy, issued by a company duly licensed by the State of New York, insuring the applicant against liability for damage to persons or property with limits of not less than $500,000 to one million dollars ($l,000,000.) for bodily injury or death and limits of not less than $100,000 for property damage, which said policy shall name the town as an additional insured, and shall be noncancellable without prior written notice to the town.
Where the expected maximum number of persons shall exceed 1,000 persons at any performance as a condition of the granting of the permit, the Town Board may require the permittee to reimburse the town for such police protection as may be deemed necessary by the Town Board to adequately and safely control and protect the assembly, the assembly area and traffic in and about the area of the assembly. However, the permittee shall not be required to reimburse the town in excess of the actual cost paid by the town for such police protection and in no event for more than two police officers for the first 1,000 persons of the assembly, nor for more than one police officer for each additional 1,000 persons of the assembly.
The town may issue a permit upon such other conditions as the town may reasonably impose to ensure compliance with this chapter and for the general protection of the health, safety and welfare of the persons and property in the town.
The town may deny the issuance of a permit if it shall find that any of the items as set forth in § 51-6 of this chapter are insufficient to properly safeguard the safety, health, welfare and well-being of persons or property. The denial shall be in writing and shall set forth the reason therefor. In no event shall the town withhold its written approval or denial of a permit for a period in excess of 10 days after a full submission to it by an applicant, except by an extension, in writing, given by the applicant.
If a permit is granted by the town, such permit shall set forth the maximum number of persons to be permitted to attend the event. The town, in determining such maximum limit, shall take into consideration the capacity of the site, the facilities to be available and the availability of public highway 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 limitations in all advertising.
Each permit shall expire at the end of the calendar year in which it is issued.
If, after a permit is issued, the Town Board determines that any of the representations and/or statements contained in the application or any of the conditions of the permit have not been complied with, the Town Board may serve upon the permittee's agent for the service of process as appointed pursuant to Subsection A of § 51-6 hereof a two-day notice of hearing specifying the manner in which the permittee has not complied with the terms of its permit and at which hearing the Town Board, for good cause, may modify or rescind such permit, absolutely or upon conditions.
The applicant shall pay to the town at the time the application is submitted a fee as set forth in Chapter A157, Fees. One-half (1/2) of the fee shall be refunded if a permit is not issued.
Any person who shall use, allow, let or permit to be used property for the assembly of persons in excess of 100 for temporary outdoor entertainment or any person who shall cause the gathering, collecting or congregating of persons in excess of 100 in public places for temporary outdoor entertainment without having a written permit in accordance with the provisions of this chapter shall be guilty of a violation of this chapter.
A violation of any of the provisions of this chapter shall be a misdemeanor and shall be punishable as hereinafter provided.
A separate offense against this chapter shall be deemed committed on each day during or on which a violation occurred or continues. A separate penalty may be imposed for each separate offense.