This Town Board, in order to promote proper government and to insure
the proper protection, order, conduct, safety, health, welfare and
well-being of persons or property within the Town of Mount Hope, finds
it is in the public interest to enact this chapter.
This chapter shall regulate mass gatherings, where such mass gatherings
are likely to attract 1,500 persons, or more, at any place within
the Town of Mount Hope.
A structure wholly or partially enclosed within exterior
walls and a roof, of permanent or temporary nature, affording shelter
to persons, animals or property.
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.
No person shall hold or promote by advertising or otherwise, a mass
gathering of persons in excess of 1,500 unless a written permit authorizing
such use shall have been obtained from the Town Board.
Application for such permit shall be by verified petition addressed
to the Town Board and shall be filed with the Town Clerk at least
20 days prior to the date upon which such mass gathering is contemplated.
Such 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 its directors; if the applicant does not reside
in the Town of Mount Hope, the name and address of an agent, who shall
be a natural person and shall reside or have a place of business in
the Town of Mount Hope 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, ordinance, rules or regulations.
A statement containing the name and address of the record owner of
the property and the nature and interest of the applicant therein;
the proposed dates and hours of such mass gathering; the expected
minimum 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 names of the record owners of the adjoining properties;
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 mass gathering.
A statement specifying whether food or beverage is intended to be
prepared, sold or distributed. If food or beverage is intended to
be prepared, sold or distributed, a statement specifying the method
of preparation and distribution of such food or beverage and 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 or beverage,
the name and address of such person shall be submitted. All garbage,
trash, rubbish or other refuse shall be stored until removed at an
unobtrusive area of the premises in securely covered containers. Such
containers shall be maintained in a sanitary condition and shall be
cleaned at least daily. No garbage, trash, rubbish or other refuse
shall be removed from the premises between the hours of 11:00 p.m.
and 7:00 a.m.
A statement specifying whether any private security guards or police
will be engaged and, if so, the names and addresses of such persons,
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 whether any outdoor lights or signs are to
be utilized and, if so, a map showing the number, location, size,
type and luminating power of such lights and signs. No light on any
part of the property holding the mass gathering shall be permitted
to shine unreasonably beyond the property line of the property. All
exterior lights on the property shall be so situated or equipped with
shielding devices so that no unreasonable glow shall shine beyond
the property line of the mass gathering.[1]
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 the same.
A statement that no soot, cinders, smoke, noxious acids, fumes, gases
or unusual odors shall be permitted to unreasonably emanate beyond
the property line of the mass gathering.
A statement that no music shall be played in any place of assembly,
either by mechanical device or live performances, in such a manner
that the sound emanating therefrom shall be unreasonably audible beyond
the property line of the place of the mass gathering.
A statement that no loud, unnecessary or unusual noise shall be permitted
to be made, continued or caused to be made or continued so as to be
unreasonably audible beyond the property line of the mass gathering.
A statement specifying the facilities to be available in the way
of adequate toilet and lavatory accommodations with such accommodations
to be denoted in the plans required hereunder to be submitted under
other provisions of this chapter.
A statement as to whether the mass gatherers will sleep on the premises
of the mass gathering and, if so, a statement specifying the sleeping
facilities and areas, with such sleeping areas to be denoted in the
plans required hereunder to be submitted under other provisions of
the chapter.
A statement that no law, ordinance, rule, or regulation applicable
to the place of assembly or enforceable by any governmental authority
will be violated and that the regulations of the New York State Department
of Labor Industrial Board of Appeals for places of public assembly
will be adhered to.[2]
The New York State Department of Health, the Town Sanitary Inspector,
the Town Health Officer and the New York State Department of Environmental
Conservation, Division of Water, Bureau of Water Permits, as to any
proposed sanitary sewage disposal system, and proposed lavatories
or toilets.
The New York State Department of Health, the Town Building Inspector,
the Town Sanitary Inspector, the Town Health Officer, and the New
York State Department of Environmental Conservation, Division of Water,
Bureau of Water Permits, as to any proposed system for the supply,
storage and distribution of water.
The Orange County Highway Department, the New York State Department
of Transportation, the Orange County Sheriff's Department, the
New York State Police, the Chief Engineer of the controlling Fire
District, the Fire Commissioners of the controlling Fire District,
and the Fire Advisory Board of the Town of Mount Hope, as to the proposed
parking area and the means of ingress and egress to such parking area.
The New York State Department of Health and the Town Health Officer,
as to the proposed method of preparing, selling or distributing food
or beverage and the removal of refuse, trash, rubbish or garbage arising
therefrom.
The Police of the Town of Mount Hope, the Orange County Sheriff's
Department and the New York State Police, as to any proposed private
security or police protection.
The Chief Engineer of the controlling Fire District, the Fire Commissioners
of the controlling Fire District, the Fire Advisory Board of the Town
of Mount Hope, and the Fire Coordinator of Orange County, as to any
proposed fire protection system.
The Town Building Inspector and the Zoning Board of Appeals, as to
any proposed camping or housing facilities, and the New York State
Department of Health and Town Health Officer, as to proposed sleeping
areas and sleeping facilities.
No permit shall be issued unless the owner and his tenant or licensee,
if any, shall furnish the Town with written authorization to permit
the Town or its lawful agents to go upon the 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 insuring the
Town 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 $500,000 for property damage, sufficient in
form to save the Town harmless from any liability or causes of action
which might arise by reason of the granting of the permit, and noncancelable
without 10 days' prior written notice to the Town.
No permit shall be issued unless the applicant shall deposit with
the Town Clerk cash or good surety company bond, approved by the Town
Clerk, in the minimum sum of $100,000, and conditioned that no damage
will be done to any public or private property, and that the applicant
will not permit any litter, debris or other refuse to remain upon
any public or private property, by reason of the granting of the permit;
which cash shall be refunded or surety company bond canceled upon
certification to the Town Clerk by the Building Inspector that all
conditions of this chapter have been complied with.
The Town may deny the issuance of a permit if it shall find that any of the items as set forth in § 81-3B of this chapter are insufficient to properly safeguard the safety, health, welfare and well-being of persons or property or if the approval of any governmental agency as set forth in § 81-3C of this chapter is not obtained. In no event shall the Town withhold its written approval or denial of a permit for a period in excess of 10 days after a full submission to it by an applicant, except by an extension in writing given by the applicant.
If after a permit is issued, the Town Board through its lawful agents determines that any of the items as set forth in § 81-3B of this chapter and as specified in the applicant's verified petition in support of the application for a permit is or are not adhered to and accomplished within a reasonable time of the date or dates set for the mass gathering through the time of the mass gathering or if the approval of any governmental agency as set forth in § 81-3C of this chapter is revoked at any time, such permit shall become null and void.
The applicant shall pay to the Town a fee of $100 at such time
as he submits his application, which fee shall be returned by the
Town if such permit not be issued.
Any person who shall use, allow, let or permit to be used property
for the mass gathering of persons in excess of 1,500, or any person
who shall hold, promote by advertising or otherwise, or cause the
gathering, collecting or congregating of persons in excess of 1,500
persons in places without having a written permit in accordance with
the provisions of this chapter shall be deemed to have violated this
chapter. Any person who commits or permits any act in violation of
any of the provisions of this chapter shall be deemed to have committed
a misdemeanor against such chapter, and shall be liable for the penalties
provided. A separate offense against this chapter shall be deemed
committed on each day during or on which a violation occurs or continues.
A separate penalty may be imposed for each separate offense.
For each violation of a provision of this chapter, the person violating
the same shall be subject to a fine of not more than $100, or imprisonment
not to exceed six months, or to both such fine and imprisonment.
In addition to the above-provided penalties, the Town Board may also
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.