[HISTORY: Adopted by the Town Board of the Town of Italy 4-12-1983 by L.L. No. 2-1983. Amendments noted where applicable.]
[Amended 8-11-2011 by L.L. No. 1-2011]
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 Italy, Yates County, New York, finds it is in the public interest to enact this chapter pursuant to the provisions of Municipal Home Rule Law and the Town Law of the State of New York. This chapter shall regulate the assembly of persons, where such assembly exceeds 300 persons at any place within the Town of Italy, Yates County, New York, except where such assembly is organized by and under the direct control of a volunteer fire company within a Town, a fraternal or civic organization having a local chapter within the Town, a religious corporation having a house of worship within the Town, a municipal institution or subdivision thereof.
A. 
Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings herein indicated:
ASSEMBLY
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, festivals, music festivals, religious observances, picnics or parties.
BUILDING
A structure wholly or partially enclosed with exterior walls and a roof, of permanent or temporary nature, affording shelter to persons, animals or property.
PERSON
Any individual, firm, company, association, society, corporation or group.
STRUCTURE
A combination of materials to form a construction that is safe and stable and includes, among other things, 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. 
Shall is mandatory, and may is permissive.
[Amended 8-11-2011 by L.L. No. 1-2011; 6-12-2012 by L.L. No. 1-2012; 4-9-2013 by L.L. No. 1-2013]
A. 
No person shall use, allow, let or permit any property to be used for an assembly, planned in advance, of more than 500 persons outside the confines of a fully enclosed structure, nor shall any person use, allow, let or permit to be used property for any part or portion of such assembly, planned in advance, of persons which total in the aggregate in excess of 500 persons, unless upon written permit authorizing such use and assembly issued by the Town Board through its Code Enforcement Officer. Exempted therefrom are funerals, wedding events and auctions.
B. 
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 90 days prior to the date upon which such use and assembly shall occur. The Town Board shall act upon the application within 75 days after the application is found to be complete by the Town Board. Such application shall be accompanied by the prescribed application fee and 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 Italy, 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 Yates, and who shall be authorized to and shall agree by a verified statement to accept notices or legal process issued with respect to the application, the conduct of the mass public assembly arising out of the 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. In the event that the applicant is not the property owner, the applicant shall submit a verified statement from the property owner authorizing the specific use described in the application.
(3) 
A plan drawn to scale showing the size of the property; the names and record owners of the adjoining properties; the streets or highways abutting the said property; the size and location of any existing building, buildings or structures to be erected for the purpose of the mass public assembly as well as the method of construction and materials to be used in any new building or structure.
(4) 
A plan or drawing drawn to scale 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) 
The method and manner in which water will be supplied, stored and distributed to those persons attending.
(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 areas.
(6) 
A statement containing the type, number and location(s) of any radio device, sound amplifier, loudspeaker, 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 for preparation and distributing of such food or beverage and the method of disposing of garbage, trash, rubbish or any other refuse arising thereon. If food or beverage is to be prepared, sold or distributed, a plan or drawing to scale must be attached to the application showing the buildings or other structures 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 illumination power of such lights and signs. Lights shall be located so as not to create a traffic hazard on any public highway.
(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 the contemplated duration of the mass public assembly.
(13) 
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 same.
C. 
The Town Board shall hold a public hearing upon the application, held on 10 days' notice, published and posted, said notice stating the location, dates, times, type of event and that the application may be reviewed by the public at the Town Clerk's office during regular business hours. Such notice shall also be given to all property owners and residents of property within 1,000 feet of the nearest property line of the premises upon which the event is proposed to be held. The applicant shall be responsible for the actual cost of all such notices, which sum shall be paid to the Town Clerk prior to the date of the public hearing. Nonpayment of such sum may be grounds for denial of the permit.
D. 
No permit shall be issued until the following conditions have been met and approved in writing by the Town Code Enforcement Officer and/or the Town Board, except in the event that the Town Board specifically waives any of such conditions. The reasons for any such waiver shall be in writing and made part of the record of the application.
(1) 
Drinking water adequate in quantity and quality satisfactory to the Town Code Enforcement Officer. Drinking water shall be readily available to all persons attending the assembly or use.
(2) 
Toilet facilities adequate for the capacity of the assembly. These facilities shall be so located as to be conveniently available and shall be so constructed and maintained that they will not be offensive. 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 any privy shall be constructed in accordance with the requirements of the State Department of Health and/or the state code.
(3) 
Adequate facilities and arrangements for safe and sanitary disposal of solid waste, garbage and trash.
(4) 
Adequate supply of food, including provision for sanitary storage handling and protection of such 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.
(5) 
Adequate off-street and off-road facilities for the contemplated number of people attending the assembly or use. Parking shall be provided for at least one car for every four persons in attendance.
(6) 
Adequate camping and housing facilities for the contemplated number of people in attendance, if it is contemplated that the mass public assembly shall extend from one day to another.
(7) 
An adequate number of access roads to and from the site of the assembly or use.
(8) 
Compliance with applicable laws, rules and/or regulations of the State of New York with respect to on-site emergency medical treatment.
(9) 
Adequate fire-protection arrangements for buildings.
E. 
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.
F. 
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 $2,000,000/$4,000,000 for bodily injury or death, and limits of not less than $2,000,000 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 cancellable without 10 days' prior written notice to the Town. The Town Board may require higher levels of insurance if, in its sole discretion, such increase is warranted.
G. 
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.
H. 
Any permit issued pursuant hereto may be revoked by the Town Board through its Code Enforcement Officer, if at any time it should be determined that the applicant has failed to provide the facilities as specified in the permit or that the setting up of the facilities provided for in the permit cannot be reasonably accomplished within the time or date set for the mass public assembly, or that any of the provisions of any section of this chapter or the conditions of the permit have been or are being violated.
I. 
In the event that the Town Board is satisfied from the information supplied with the application that the potential effect of the proposed public assembly will have no adverse effect upon the public health, safety and welfare of the people and property of the Town of Italy, the Town Board may grant a permit for such public assembly, which permit shall be issued by the Town Code Enforcement Officer (CEO). The permit shall contain any special conditions of its issuance.
A. 
The signature and seal of the Town Clerk.
B. 
Name and address of the permittee.
C. 
The specific activity being permitted, including date(s) and time limitations.
D. 
Date of issuance.
E. 
Specific location of permitted activity.
F. 
Any requirement or condition placed upon the permitted assembly which the Town Board deems in the best health, safety and welfare interest of the public.
[Amended 8-11-2011 by L.L. No. 1-2011]
Each application shall be accompanied by a fee, as set time to time by resolution of the Town Board, 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.
[Amended 8-11-2011 by L.L. No. 1-2011; 4-9-2013 by L.L. No. 1-2013]
A. 
Any person who shall violate the provisions of this chapter shall be deemed to have committed a violation 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 committed a violation and shall be liable for the penalties provided. This chapter may be enforced by the Town Code Enforcement Officer and/or any police or peace officer having jurisdiction to do so.
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 $250 or imprisonment not to exceed 15 days, or to both such fine and imprisonment. Each day that a violation exists shall be a separate offense pursuant to this chapter.
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 this chapter or recover expenses incurred by the Town due to an offense of this chapter.