[HISTORY: Adopted by the Town Board of the Town of Austerlitz 9-14-1978 by L.L. No.
1-1978. Amendments noted where applicable.]
The purpose of this chapter is to protect the public health,
welfare, safety, peace and tranquility of the residents of the Town
of Austerlitz by regulating mass gatherings occurring within the Town.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person, firm or corporation holding or promoting, by
advertising or otherwise, a mass gathering.
Any assemblage or gathering of people which is likely to
attract 2,000 persons or more in any twenty-four-hour period.
Written permission from the Town Board of Austerlitz, County
of Columbia, State of New York.
It shall be unlawful for any person, firm or corporation to
hold or promote a mass gathering unless a permit for such shall have
been issued by the Town Board.
An application for a permit to hold a mass gathering shall be
submitted by the applicant to the Town Clerk at least 60 days prior
to the commencement of said mass gathering. The application shall
include the following:
A.Â
The names and addresses of the applicant(s) and the names and addresses
of all principals.
B.Â
The name and address of the owner(s) of the premises on which said
mass gathering is to be located, together with a written consent or
lease by said owner(s) of the premises to the use intended, and a
map showing the exact location of the premises to be used for the
mass gathering and the roads leading in and out of the premises to
be used.
C.Â
A complete statement containing the plans and availability of the
proposed police, garbage, fire, water, sewage, toilet, lavatory and
medical facilities and services to be provided for the mass gathering
and any other documents required by the public health laws of the
county or state. The applicant shall also file written approval from
the Columbia County Health Department, written approval from the Columbia
County Sheriff's Office of the adequacy of police protection
for said event, and written approval from the Austerlitz Fire Company
that fire services are adequate for the area.
D.Â
An undertaking to file a surety bond in an amount to be set by the
Town Board to insure compliance with the provisions hereof and to
hold the Town harmless from all claims for personal injury or property
damage arising from the mass gathering.
E.Â
An itemized estimate of the amount of money to be used to hold and
promote said mass gathering, with a listing of all admission charges.
The Town Board shall have the power to call a public hearing
prior to the issuance of any permit hereunder and may also impose
reasonable conditions for the issuance of any said permit.
The permit fee shall be $50 for the event and shall be paid
before the permit is issued.
No mass gathering authorized pursuant to the provisions of this
chapter shall extend for a period of time in excess of five consecutive
days.
A.Â
The Town Board may refuse to issue said permit or may revoke any
permit already issued if it determines that the holder thereof has
failed to comply with any of the requirements or conditions set forth
in the permit.
B.Â
The foregoing provisions shall not be deemed exclusive, and the Town
shall also have the right to seek injunctive relief from a court of
competent jurisdiction in the event the applicant fails to comply
with the provisions of this chapter.
Any person or firm violating any provision of this chapter shall
be deemed guilty of a misdemeanor and, upon conviction thereof, shall
be subject to a fine not to exceed $250 or to imprisonment not to
exceed six months, or to both fine and imprisonment, for each and
every violation and for each and every day such violation continues.
