§ 131-1Purposes; enactment.
§ 131-4Notification and permits.
§ 131-5Application to be filed.
§ 131-6Information and material to be submitted with application.
§ 131-7Conditions for public assemblies.
§ 131-8Denial of permit.
§ 131-9Modification or rescission of permit.
§ 131-11Penalties for offenses.
The purpose of this chapter is to preserve the public peace and good order, to prevent tumultuous assembly of persons, unreasonably loud or disturbing noises, 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 residents and property owners and others in the Village of Washingtonville to peacefully assemble.
This chapter shall regulate the assembly of persons where 250 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:
- APPLICANT or PERSON
- Includes an individual, a partnership, a joint venture, a corporation, an association, a club and any other organization or group.
- 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 construction that is safe and stable and includes, among other things, tents, stadiums, amphitheaters and other similar facilities.
No person shall use, allow, let or permit to be used any property, including public property, for assembly in excess of 500 persons unless a written permit shall have been obtained from the Board of Trustees.
Government agencies, schools and religious organizations shall be exempt from the permit requirements of this chapter and from the information requirements of §§ 131-5 and 131-6, but shall provide written notification to the Village Clerk of any assembly in excess of 250 persons at least 14 days prior the commencement of such assembly.
Application for a permit shall be by verified petition addressed to the Board of Trustees and shall be filed with the office of the Village Clerk at least 21 days prior to the date upon which the commencement of such assembly is scheduled.
The verified petition and application shall include the following written material:
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 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 Orange, 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 Orange and who shall be authorized to and shall agree by verified statement to accept notices, tickets 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 and 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 each 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 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.
An emergency service plan for fire, ambulance and police services, which plan must be reviewed by the Police Department, Fire Department and Ambulance Corps. Such plan shall be reviewed for, among other things, capacity of the site, access to the site, available facilities and availability of public highway and other means of transportation to and from the site.
As a condition of any permit, the applicant and property owner agree to permit the village, any government emergency service providers, and their lawful agents, to enter upon the subject property for the purpose of inspecting the same, providing adequate police and fire protection and emergency services and protecting persons and property from danger.
No permit shall be issued unless the applicant shall furnish the village 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/$1,000,000 for bodily injury or death and limits of not less than $100,000 for property damage, which policy shall name the village as an additional insured and shall be noncancellable without prior written notice to the village.
The undertaking of the village to provide review or services pursuant to this chapter shall not relieve the property owner, applicant, permittee and person responsible of the obligation to provide all such services required by this chapter and the permit and as necessary for a safe assembly. As a condition of any permit, such property owner, applicant, permittee and any other responsible person agree, to the fullest extent allowed by law, to indemnify the village from and against all costs, claims, suits, injuries and damages arising from the assembly, including the village's costs of defense, including but not limited to legal fees. The failure or omission by the village to undertake to provide any services shall not create any liability attributable to the village. With respect to any dangerous conditions for which the village may be liable, the village shall be entitled to receive notice of defect in accordance with law. Any duty which may be alleged on the part of the village pursuant to this chapter is a general duty of the village. No person is authorized to create, imply, assume or infer a special duty by the village.
For any assembly where more than 250 persons gather or are expected to gather and a price for admission or attendance is charged or is to be charged, the applicant, permittee and property owner may be billed for the costs incurred by the village as a result of the village's scheduling or deployment of additional police personnel, if any, beyond the normal schedule of officers who would have otherwise been on duty had the need for additional personnel not arisen. Such additional personnel may be, either requested by the applicant or determined to be necessary by the Chief of Police or his designee. All of the village's costs related to the scheduling and/or deployment of such additional police personnel may be billed to the applicant. If such bill is not paid within 10 days, the village may assess and levy the amount of said bill as a lien against the real property or properties utilized for the assembly and may collect said amount in the same manner as real property taxes. The provisions of this subsection shall not apply to a government agency, school or any corporation formed under the Not-For-Corporation Law; provided, however, that such government agency, school or corporation may agree to make a payment to the village in recognition of any police services provided.
Public assemblies may be prohibited in fire hazard areas if a ban on open burning is in effect. The fire hazard areas shall be determined by the local fire company having jurisdiction.
The Board of Trustees may deny a permit if any of the items set forth in §§ 131-6 and 131-7 of this chapter are not fully complied with or 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. The Board shall endeavor to issue its approval or denial of a permit within 14 days after a full submission is made by an applicant. An application shall not be deemed fully submitted until the applicant has paid the application fee and provided all information required by this chapter and all additional information reasonably requested by the village.
If, after a permit is issued, the Board of Trustees determines that any of the representations and/or statements contained in the application may not be true or determines that any of the conditions of the permit have not been or may not be complied with, the Board may serve upon the permittee or its agent, as designated pursuant to § 131-6A, a notice specifying the representation or statement which may not be true or the manner in which the permittee has not or may not comply with the terms of its permit. The notice shall specify the date and time of a hearing before the Board to give the permittee an opportunity to present evidence, oral and/or written, concerning the Board's determination. Said hearing shall be held at least two days after service of the notice, unless a shorter time is deemed necessary by the village under the circumstances. After the hearing, the Board, for good cause, may rescind or modify such permit, absolutely or upon conditions.
The applicant for a permit shall pay a fee to the village at the time an application is submitted in order to defray administrative and review costs. Said fee shall be set by resolution of the Board of Trustees from time to time. The village reserves the right to charge an additional fee to cover specific costs incurred by the village necessitated by a particular application.
Any person who shall use, allow, let or permit to be used property for the assembly of persons in excess of 250 and any person who shall cause, publicize or promote the gathering, collecting or congregating of persons in excess of 250 in a public place without providing written notification or obtaining a permit in accordance with the provisions of this chapter shall be guilty of a violation of this chapter and shall be subject to a fine of not more than $5,000 or imprisonment of not more than 15 days, or both such fine and imprisonment.
A separate violation of 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 violation.
This chapter shall be enforced by the Police Department and any other officer designated by resolution of the Board of Trustees. All enforcement officers are authorized to issue appearance tickets.