[HISTORY: Adopted by the Town Board of the Town of Chester 6-26-2013 by L.L. No. 3-2013. Amendments noted where applicable.]
In order to preserve the public peace and good order, to prevent riots and tumultuous assemblages, 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 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 entertainment or the amplification of music through electronic means whether recorded or live where 150 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 are invited or have 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 persons assembled are not contained in an enclosed structure or building.
No person shall use, allow, let or permit to be used property for the assembly of more than 150 persons for temporary outdoor entertainment unless a written permit shall first have been issued for such assembly by the Town Board. Town parks and other Town-owned property shall be exempt from this chapter.
Application for such permit shall be by verified petition, on a form provided by the Town, addressed to the Town Board and shall be filed with the office of the Town Clerk at least 30 days prior to the date of the proposed assembly, unless such thirty-day period is 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 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 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. Adequate permanent or temporary sanitary facilities must be provided for the estimated number of people to attend the event.
A plan or drawing showing the method to be used for the supply, storage and distribution of water sufficient for the estimated number of attendees.
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. The applicant shall provide, as part of the application, a detailed plan for the cleaning of the property and immediate surrounding properties within 48 hours after the event.
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 shall be submitted. Any and all necessary permits from the Department of Health shall be submitted to the Town no less than seven days prior to the event.
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 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.
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 illuminating power of such lights and/or signs. In addition, no light on any part of the property of the assembly shall be permitted to shine unreasonably beyond the property line of the property. All exterior lights on the property shall be situated or equipped with shielding devices so that no unreasonable glow shall shine beyond the property line of the assembly.
No permit shall be issued unless the permittee furnishes 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/$1,000,000 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 noncancelable without prior written notice to the Town.
The Town may issue a permit upon such other conditions as the Town may reasonably impose to insure compliance with this chapter and for the general protections of the health, safety and welfare of the persons and property in the Town, including but not limited to:
Setting the hours during which the assembly may take place;
Precluding or restricting the sale and consumption of alcohol;
Precluding or restricting camping on the premises;
Establishing required levels of security and/or traffic control; and/or
Establishing maximum sound decibel levels for the assembly.
In the event it is determined by the Town that the subject application requires the approval of any other applicable governmental agencies, no permit shall be issued by the Town unless and until such approval is obtained and provided to the Town as part of the application.
The Town may deny the issuance of a permit if it shall find that any of the items as set forth in § 73-6 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 30 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, or any other means for admission, to such maximum number and shall include such limitations in all advertising.
Each permit shall expire 30 days from the effective date thereof or on such other date as may be provided by the Town Board.
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 § 73-6 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 nonrefundable fee as set from time to time by the Town Board and kept on file in the Town Clerk's office. The Town Board in its discretion may waive the payment of the fee for good cause shown.
Any person who shall use, allow, let or permit to be used property for the assembly of persons in excess of 150 for temporary outdoor entertainment or any person who shall cause the gathering, collecting or congregating of persons in excess of 150 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.
For each violation of this chapter, the person or entity violating the same shall be subject to a fine of not more than $1,000 or imprisonment not to exceed one year, or both.