[Adopted 7-14-1982 by L.L. No. 4-1982 (Ch. 148, Art. I, of the 1995 Code)]
The Town Board, 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 Town of Ogden, Monroe
County, New York, finds it is in the public interest to enact this
article pursuant to the provisions of Municipal Home Rule Law and
the Town Law of the State of New York. This article shall regulate
the assembly of persons, where such assembly exceeds 200 persons,
at any place within the Town of Ogden, Monroe County, New York, except
where such assembly is organized by and under the direct control of
a volunteer fire company within a Town, a fraternal or civic organization
having a local chapter within the Town or a religious corporation
having a house of worship within the Town.
B.
ASSEMBLY
BUILDING
PERSON
STRUCTURE
Unless otherwise expressly stated, the following terms shall, for
the purpose of this article, have the meanings herein indicated:
The gathering or collecting or congregating of persons at
any place within the Town, 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.
A.
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 Town Board through its Clerk.
B.
Application for such permit shall be by verified petition on forms
to be furnished by the Town, addressed to the Town Board and filed
with the Town Clerk at least 30 days prior to the date upon which
such use and assembly shall occur. The Town Board shall act upon the
application within 20 days after its submission. Such application
shall include the following information:
(1)
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 and officers; if the applicant
does not reside within the Town of Ogden, 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 Monroe 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.
(2)
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.
(3)
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, buildings or structures to be erected for
the purpose of the assembly and use, the method, construction and
materials to be used in any new building or structure.
(4)
A plan or drawing to scale prepared by a licensed public engineer
or licensed land surveyor showing the method and manner in which:
(5)
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.
(6)
A statement containing the type, number and location of any radar
device, sound amplifier or loudspeaker or sound truck or other similar
sound equipment.
(7)
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 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.
(8)
A statement specifying whether any private security guards or police
will be engaged and, if so, the numbers and duties to be performed
by such persons, including the hours to be worked and areas of responsibility.
(9)
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.
(10)
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.
(11)
A statement specifying the facilities to be available for emergency
treatment of any person who may require medical or nursing attention.
(12)
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.
(13)
A statement specifying the contemplated duration of assembly
and use.
(14)
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.
C.
No permit shall be issued unless it is clearly shown that all of
the following are provided for and approved in writing by the Monroe
County Health Department and the Town Board of the Town of Ogden:
(1)
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 backsiphonage 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 or
treatment of a drinking water supply shall be made without first notifying
the permit-issuing official and securing such official's written
approval to do so.
(2)
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 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.
(3)
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 Monroe County Health Department.
(4)
Adequate facilities and arrangements for safe, clean disposal of
solid waste, garbage and trash.
(5)
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 that where food is to be prepared or consumed
there are facilities for washing, disinfecting and storing dishes
and food utensils.
(6)
Adequate off-street and off-road facilities for the contemplated
number of people attending the assembly or use. Parking space shall
be provided for at least one car for every four persons in attendance.
(7)
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.
(8)
An adequate number of access roads to and from the site of the assembly
or use.
(9)
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.
(10)
Adequate fire-protection arrangements for buildings.
D.
No permit shall be issued unless the owner and the owner's tenant
or lessee, if any, shall furnish the Town with written authorization
to permit the Town 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.
E.
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 person 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 Town 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 Town. The applicant
shall further provide a security deposit, in an amount set from time
to time by the Town Board, with the Town 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 to remove said trash
and other waste material.[1]
F.
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.
G.
Any permit issued may be revoked by the Town Board 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.
[Amended 12-13-1995 by L.L. No. 9-1995]
Each application shall be accompanied by a fee at the time of
its submission in an amount as set forth from time to time by the
Town Board and kept on file in the Town offices. The fee shall compensate
the Town for its examination and processing of such application and
shall not be refundable in whole or in part.
A.
Any person who shall use, allow, let or permit to be used property
for the assembly of persons in the 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
Town without first obtaining a written permit in accordance with the
provisions of this article shall be deemed to have violated this chapter
and committed a misdemeanor and shall be liable for the penalties
provided. Any person who commits or permits any act in violation of
any provision of this article shall be deemed to have violated this
chapter and committed a misdemeanor and shall be liable for the penalties
provided.
B.
For each violation of the provisions of this article, the person
violating the same shall be subject to a fine of not more than $250
or imprisonment not to exceed 15 days, or to both such fine and imprisonment.
Each day's continued violation shall constitute a separate offense.
[Amended 12-13-1995 by L.L. No. 9-1995]
C.
In addition to the above-provided penalties, the Town Board may 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 article.
