[HISTORY: Adopted by the Board of Trustees of the Village of Whitesboro 12-8-1986 by L.L. No. 1-1986 (Ch. 40 of the 1986 Code). Amendments noted where applicable.]
The Board of Trustees, 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 Village of Whitesboro, Oneida 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 Village Law of the State of New York. This chapter shall regulate the assembly of persons, where such assembly exceeds 200 persons, at any place within the Village of Whitesboro, Oneida County, New York, except where such assembly is organized by and under the direct control of a volunteer fire company within the Village, a fraternal or civic organization having a local chapter within the Village or a religious corporation having a house of worship within the Village.
Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings herein indicated:
- The gathering or collecting or congregating of persons at any place within the Village, 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 and religious observances.
- A structure wholly or partially enclosed, with exterior walls and a roof, of permanent or temporary nature, affording shelter to persons, animals or property.
- Any individual, firm, company, association, society, corporation or group.
- 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.
No person shall use, allow, let or permit to be used property for the assembly of persons in excess of 200 persons, nor shall any person use, allow, let or permit to be used property for any part or portion of such assembly of persons, which total assembly in the aggregate is in excess of 200 persons, unless upon written permit authorizing such use and assembly issued by the Board of Trustees through its Clerk.
Application for such permit shall be by verified petition on forms to be furnished by the Village, addressed to the Board of Trustees and filed with the Village Clerk at least 30 days prior to the date upon which such use and assembly shall occur. The Village Board shall act upon the application within 20 days after its submission. Such application shall include the following information:
A statement of the name, age and residence address of the applicant; if the applicant is a corporation, the name of the corporation and the names and addresses of its directors and officers; if the applicant does not reside within the Village of Whitesboro, 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 Oneida and who shall be authorized to and shall agree in a verified statement to accept notices or summonses issued with respect to the application, the conduct of the assembly or use in any manner involving it arising out of the application, construction or application of this chapter.
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.
A map prepared by a licensed land surveyor or licensed public engineer showing the size of the property; the zoning district in which it is located; the names and record owners of the adjoining properties; the streets or highways abutting said property; the size and location of any existing building and of any buildings or structures to be erected for the purpose of the assembly and use; and the method of construction and materials to be used in any new building or structure.
A plan or drawing to scale, prepared by a licensed public engineer or licensed land surveyor, showing the method and manner in which:
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 area.
A statement containing the type, number and location of any radar device, sound amplifier or loudspeaker, sound truck or other similar sound equipment.
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 shall be included specifying the method of preparation and distribution of such food or beverage and the method of disposing of garbage, trash, rubbish or any other refuse arising therefrom. If food or beverage is to be prepared, sold and distributed, a plan or drawing to scale must be attached to the application showing the building or other structure from which the food or beverages shall be prepared, sold or distributed.
A statement specifying whether any private security guards or police will be engaged and, if so, the numbers of and duties to be performed by such persons, including the hours to be worked and areas of responsibility.
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.
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 signs.
A statement specifying the facilities to be available for emergency treatment of any person who may require medical or nursing attention.
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 the same.
A statement specifying the contemplated duration of assembly and use.
If the assembly and use are to continue from one day into another, a statement specifying the camping or housing facilities available or to be made available on the premises.
No permit shall be issued unless it is clearly shown that all of the following are provided for and approved in writing by the Oneida County Health Department and the Board of Trustees of the Village of Whitesboro:
Drinking water adequate in quantity and quality satisfactory to the permit-issuing official. Drinking water shall be readily available to all persons attending the assembly or use. Only drinking water shall be so delivered or piped as to be easily accessible. A well or spring used as a source of drinking water and the structure used for the storage of drinking water shall be so constructed and located as to protect the contents against pollution. A pipe or pump delivering the drinking water shall be of the type and installation acceptable to the permit-issuing official. There shall be no physical connection between a pipe carrying drinking water and a pipe carrying water not of a quality satisfactory to the permit-issuing authority. A fixture, installation or equipment from which back-siphonage may occur shall not be supplied water from a pipe carrying drinking water. All pipes carrying drinking water shall be buried to a sufficient depth below the surface of the ground to prevent their damage or destruction. A common drinking container shall not be provided or allowed to be used. A drinking fountain shall be of approved sanitary design and construction. Where a water treatment process is employed, an accurate and complete record of the process and operation thereof shall be maintained daily, and no change of the source or in the method of treatment of a drinking water supply shall be made without first notifying the permit-issuing official and securing his written approval to do so.
Toilet facilities adequate for the capacity of the assembly or use shall be so located as to be conveniently available and shall be so constructed and maintained that they will not be offensive. Toilet facilities for groups of people consisting of both sexes shall be so arranged that the facilities shall be separate for each sex. 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 such privy shall be constructed in accordance with the requirements of the State Department of Health and shall be so maintained that it will not permit access of flies to the privy vault.
Adequate facilities for the satisfactory disposal or treatment and disposal of sewage shall be maintained. Such facility shall meet with the standards and requirements of the New York State Department of Health and Oneida County Health Department.
Adequate facilities and arrangements for safe, clean disposal of solid waste, garbage and trash.
Adequate supply of food, including provisions for sanitary storage, handling and protection of food and beverages until served or used. A showing must be made, where food is to be prepared or consumed, that there are facilities for washing, disinfecting and storing dishes and food utensils.
Adequate off-street and off-road parking facilities for the contemplated number of people attending the assembly or use. Parking space shall be provided at the rate of at least one car for every four persons in attendance.
Adequate camping and housing facilities for the contemplated number of people in attendance if it is contemplated that the assembly or use shall extend from one day to another.
An adequate number of access roads to and from the site of the assembly or use.
Adequate medical facilities, including a first-aid station. It must be shown that at least one registered nurse shall be in attendance at all times and one doctor for each 500 people in attendance.
Adequate fire protection arrangements for buildings.
No permit shall be issued unless the owner and his tenant or lessee, if any, shall furnish the Village with written authorization to permit the Village 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.
No permit shall be issued unless the applicant shall furnish the Village with a comprehensive liability insurance policy insuring the Village against liability for damage to persons or property, with limits of not less than $500,000 to $1,000,000 for bodily injury or death and limits of not less than $500,000 for property damage, sufficient to save the Village harmless from any liability or cause of action which might arise by reason of the granting of the permit and not cancelable without 10 days' prior written notice to the Village. The applicant shall further provide a security deposit of $500 with the Village to ensure the removal of trash and other waste material as hereinafter provided, which deposit shall be returned to the applicant within 10 days from the date of termination of the assembly after deduction therefrom of all expenses caused by the applicant's noncompliance in removing said trash and other waste material.
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.
Any permit issued may be revoked by the Board of Trustees through its Clerk if at any time it should be determined that the applicant has failed to provide the facilities as specified in the application or that the setting up of the facilities provided for in the application cannot be reasonably accomplished within the time or date set for the assembly or use.
Each application shall be accompanied by a fee in the amount of $500 at the time of its submission. The fee shall compensate the Village for its examination and processing of such application and shall not be refundable in whole or in part.
Any person who shall use, allow, let or permit to be used property for the assembly of persons in excess of 200, or who shall use, allow, let or permit to be used property for any part or portion of such assembly, which total assembly in the aggregate is in excess of 200 persons, or any person who shall cause the gathering, collecting or congregating of persons in excess of 200 at any place within the Village, without first obtaining a written permit in accordance with the provisions of this chapter; and any person who commits or permits any act in violation of any provision of this chapter, shall be deemed to have violated this chapter and shall be liable for the penalties provided in § 1-11 of Chapter 1, General Provisions.
In addition to the above-provided penalties, the Board of Trustees may maintain an action or proceeding in the name of the Village in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.