This chapter shall be known and may be cited
as the "Public Assemblies Law of the Village of Waterloo, New York."
In order to preserve the public peace and good
order, to prevent riots and tumultuous assemblages, unreasonably loud
or disturbing noises or 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 in the Village of Waterloo to peacefully assemble, this
chapter is enacted.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 250 or more persons are expected
to congregate in the Village of Waterloo. This chapter shall not be
construed to apply to outdoor religious services, political rallies,
drive-in theaters, the Waterloo Central School District or other government
entities.
Unless otherwise expressly stated, the following
terms shall, for the purposes of this chapter, have the meanings herein
indicated:
ASSEMBLY
The gathering, collecting or congregating of persons, with
or without the levy of an admission fee.
BUILDING
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.
STRUCTURE
A construction that is safe and stable and includes among
other things tents, stadiums, amphitheaters and other similar facilities.
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 or allow, let or permit
to be used property for the assembly of persons for temporary outdoor
entertainment in excess of 250 persons at each performance unless
a written permit shall have been obtained from the licensing officer.
If after a permit is issued the licensing officer 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 licensing officer may serve upon the permittee's agent for the service of process as appointed pursuant to Subsection
B(1) of §
81-6 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 licensing officer, for good cause, may modify or rescind such permit, absolutely or upon conditions.
[Amended 7-12-1999 by L.L. No. 3-1999]
The applicant shall pay to the Village at the
time the application is submitted a fee as established from time to
time by resolution of the Board of Trustees. One-half of the fee shall
be refunded if a permit is not issued.