[HISTORY: Adopted by the Town Board of the Town of Pine Plains 6-21-1979 by L.L. No. 1-1979. Amendments noted where applicable.]
A.
The Town Board, in order to promote proper government and to ensure
the proper protection, order, conduct, safety, health, welfare and
well-being of persons or property within the Town of Pine Plains,
Dutchess County, finds it is in the public interest to enact this
chapter.
B.
This chapter shall regulate the assembly of persons, other than those
conducted by any municipal subdivision of the State of New York, when
such assembly exceeds 2,000 persons within the Town of Pine Plains,
Dutchess County.
Unless otherwise expressly stated, the following terms shall,
for the purposes of this chapter, have the meanings herein indicated.
Words used in the present tense include the future; the singular number
includes the plural; and the masculine shall include the feminine.
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.
All those substances defined as controlled substances by
the Penal Law and Public Health Law of the State of New York.
Is permissive.
Any individual, firm, company, associated society, corporation,
or group.
A place to which the public or a substantial group of persons
is invited or has access.
Is mandatory;
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.
Includes the Town Board of the Town of Pine Plains.
A.
No person shall use, allow, let or permit to be used property for
the assembly of persons in excess of 2,000 unless a written permit
authorizing such use shall have been obtained from the Town Board.
B.
Application for such permit shall be by verified petition addressed
to the Town Board and shall be filed with the Town Clerk at least
90 days prior to the date upon which such assembly is contemplated,
and a copy of such petition shall be mailed to each member of the
Town Board on the day that it is filed with the Town Clerk by certified
mail, return receipt requested. Such application shall include the
following written material:
(1)
A statement of the name, age and residence address of the applicant;
if applicant is a corporation, the name of the corporation and the
names and addresses of directors; if applicant is a partnership or
other non-corporate venture, the names and addresses of the partners;
if the applicant does not reside in the Town of Pine Plains, 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 Pine Plains and who shall
be authorized to and shall agree by verified statement to accept notices
or summons issued with respect to violations of any ordinances, rules
or regulations.
(2)
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 assembly, including the beginning
date and hour and the ending date and hour; the expected maximum number
of persons 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, as well
as a general description of the event to be conducted. The sale or
other dissemination of any tickets in excess of the stated attendance
shall be a violation of this chapter, and the sale or other dissemination
of each one of such tickets shall constitute a separate violation.
(3)
A map showing the size of the property; 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 purposes of the assembly.
(4)
A plan or drawing showing the method to be used for the supply, storage
and distribution of water.
(5)
A plan or drawing showing the method to be used for the disposal
of sanitary sewage.
(6)
A plan or drawing showing the layout of any parking area for automobile
and other vehicles and the means of ingress to and egress from such
parking area. Such parking area shall provide one parking space for
every two persons in attendance.
(7)
A statement containing the type, number and location of any radio
device, sound amplifier, loudspeaker, sound truck or other similar
sound equipment to be utilized.
(8)
A statement specifying whether food or beverage is intended to be
prepared, sold or distributed, including a statement that no alcoholic
beverages will be permitted to be sold or consumed on the site. If
food or nonalcoholic beverages are intended to be prepared, sold or
distributed, a statement specifying the method of preparation and
distribution of food or nonalcoholic 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 nonalcoholic beverages,
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. All trash, rubbish or other refuse shall be removed
from the site no later than 48 hours after the end of the event.
(9)
A statement specifying that private security guards or police will
be engaged, and the names and addresses of such persons, and the duties
to be performed by such persons. A statement of the past security
experience of said personnel shall be included.
(10)
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.
(11)
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. In addition, no
light on any part of the property of assembly 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 that no unreasonable glow shall shine beyond the property
line of the assembly.
(12)
A statement specifying the facilities to be available for emergency
treatment of any person who might require immediate medical or nursing
attention.
(13)
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.
(14)
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 assembly.
(15)
A statement that no music shall be played in any place of assembly,
either by mechanical device or live performance, in such a manner
that the sound emanating therefrom shall be unreasonably audible beyond
the property line of the place of assembly.
(16)
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 assembly.
(17)
Copies of all applications submitted to state or county officials
shall also be submitted to the Town Clerk simultaneously with submission
to said state or county agencies. Failure to timely submit the same
shall be deemed a material omission.
(18)
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, Board of Standards and Appeals, for places of public assembly
will be adhered to.
(19)
A statement that the public roads providing access to the site
shall be of sufficient capacity to permit the projected attendance
to enter and leave the site within three hours before or after the
stated beginning or end of the event.
(20)
A statement setting forth what agreement has been made with
law enforcement agencies to have present at the event sufficient law
enforcement personnel to assure a peaceful and orderly gathering.
(21)
A statement of procedures to be observed in removing litter
from the site from adjacent properties and from public places.
(22)
A statement that no controlled substances shall be permitted
on the site, and a statement of steps to be taken to assure compliance
with such prohibition.
C.
The Town Board, before issuing any permit, shall require the applicant
to get the approval of any or all of the following applicable governmental
agencies:
(1)
The New York State Health Department, the Dutchess County Health
Department and the New York State Water Resources Commission as to
any proposed sanitary sewage disposal system.
(2)
The New York State Health Department, the Dutchess County Health
Department, and the New York State Water Resources Commission as to
any proposed system for the supply, storage and distribution of water.
(3)
The Dutchess County Highway Department, the New York State Department
of Transportation, the Dutchess County Sheriff's Department, the New
York State Police, the Pine Plains Police Department, the Fire Commissioners
of the controlling fire district, and the Fire Advisory Board of the
County of Dutchess as to the proposed parking area.
(4)
The New York State Health Department and the Dutchess County Health
Department as to the proposed method of preparing, selling or distributing
food or beverages and the removal of trash, rubbish or garbage arising
therefrom.
(5)
The Dutchess County Sheriff's Department, the New York State Police
and the Pine Plains Police Department as to any proposed private security
or police protection.
(6)
The Fire Advisory Board of Dutchess County and the Fire Coordinator
of Dutchess County and the controlling Fire District as to any proposed
fire protection system.
(7)
The New York State Health Department and Dutchess County Health Department
as to any proposed facilities for emergency medical or nursing treatment.
(8)
The Dutchess County Health Department as to any proposed camping
or housing facilities.
D.
Inspection and insurance.
(1)
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 or state and county officials 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.
(2)
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 $1,000,000 to $3,000,000 for each bodily injury or
death and limits of not less than $1,000,000 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 noncancellable without 10 days' prior written notice to
the Town.
(3)
No permit shall be issued unless the applicant shall first deposit
with the Town Clerk cash in the minimum sum of $2,000,000, the same
to serve as security 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, any later than 48 hours after
the end of the event. Failure to remove such litter shall result in
forfeiture of sums necessary to effectuate clean-up of said litter,
which cash shall be refunded upon certification by the Town Board
that all conditions of this chapter have been complied with and that
there are no outstanding claims for damage.
E.
The Town shall deny the issuance of a permit if it shall find that any of the items as set forth in Subsection B of this section are insufficient to properly safeguard the safety, health, welfare and well-being of persons or property or if the necessary approval of any governmental agency as set forth in Subsection C is not obtained. In no event shall the Town withhold its written approval or denial of a permit for a period in excess of 45 days after a full submission to it by an applicant except by an extension in writing given by the applicant.
F.
If, after a permit is issued, the Town Board, through its lawful agents, determines that any of the items as set forth in Subsection B and as specified in the applicant's verified petition in support of the application for a permit are not adhered to and accomplished within a reasonable time of the date or dates set for the assembly through the time of the assembly, or if the necessary approval of any governmental agency as set forth in Subsection C is revoked at any time, such permit shall become null and void.
G.
The Town Board may require the applicant to submit such additional
documentation and information and to execute such additional documents
as it believes necessary to protect the health, safety and general
well being of its residents.
A.
All mass gatherings for which attendance is anticipated by the applicant
to exceed 5,000 people shall be deemed to be a Type 1 action as defined
by 6 NYCRR 617.2(ai) and 617.4, and the applicant shall include with
its application the necessary environmental impact study mandated
by 6 NYCRR Part 617.[1]
B.
All environmental impact studies shall be prepared by individuals
having no affiliation with the applicant and shall contain a representation
that the same has been prepared after an objective evaluation of the
environmental impact of the event, and that neither the applicant
nor anyone on his behalf has influenced or attempted to influence
the conclusions made in said statement.
A.
The applicant shall pay to the Town a fee of $5,000 at such time
as he submits his application, of which 1/2 shall be returned by the
Town if such permit is not issued.
B.
In addition to the fees specified in Subsection A, the applicant shall deposit with the Town such sum as it reasonably believes will be necessary to defray the cost to the Town of its expenses associated with review of the application, including the retention, if necessary, of legal or other professional consultation and assistance and for provision of direct services associated with public services of any nature by the Town prior to, during and following the event.
A.
Any person who shall use, allow, let or permit to be used property
for the assembly of persons in excess of 2,000 or any person who shall
cause the gathering, collection or congregating of persons in excess
of 2,000 persons in public 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, and shall be liable for the
penalties provided. A separate offense against this chapter shall
be deemed committed on each day during which a violation occurs or
continues. A separate penalty may be imposed for each separate offense.
B.
For each violation of a provision of this chapter, the person violating
the same shall be guilty of a misdemeanor and shall be subject to
a fine of not more than $1,000 or imprisonment not to exceed one year,
or both such fine and imprisonment; provided, however, that fines
for corporations shall be those specified in Penal Law § 80.10
for which a term of imprisonment in excess of three months is authorized
or, in the alternative, any higher amount not exceeding double the
amount of the corporation's gain from the commission of the offense.
C.
Any person violating this chapter shall be subject to a civil penalty
enforceable and collectable by the Town in the amount of $5,000 for
each offense.
D.
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.
Should any section or provision of this chapter be decided by
the courts to be unconstitutional or invalid, such decision shall
not affect the validity of the chapter as a whole or any part thereof
other than the part so decided to be unconstitutional or invalid.
If any part thereof is declared unconstitutional, there shall be a
thirty-day moratorium against the issuance of permits for the holding
of public assemblies to permit amendment of this chapter.
