Village of Fonda, NY
Montgomery County
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[HISTORY: Adopted by the Board of Trustees of the Village of Fonda at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
The purpose of this chapter is to protect public health, welfare, safety, peace and tranquility by regulating mass gatherings within the Village of Fonda.
For the purpose of this chapter, the following terms shall have the meanings indicated:
Any assemblage or gathering of people at a public or private amusement or event of a temporary nature, whether or not in connection therewith any charge is made either to participants or spectators; however, such term, "mass gathering," shall not include any activity having fewer than 250 people in attendance.
No person, firm, corporation or company shall hold or promote, by advertising or otherwise, a mass gathering unless a permit shall have been issued therefor by the Village Board of the Village of Fonda as herein provided.
General application requirements.
An application for a permit under this section shall be submitted to the Village Board of the Village of Fonda no less than 60 days prior to the proposed activity, together with an application fee in the amount of $100. This application fee may, in the discretion of the Village Board, be waived. A permit under this section may be issued by the Village Board upon the written application of the person or entity who will promote or hold the mass gathering and after a public hearing to be held by the Village Board. The application may be in letter form and shall identify the area and location of such mass gathering, the date or dates thereof and such other information as required by the Board to assure that there is provided the following:
Adequate parking.
Adequate traffic control.
Adequate crowd control.
Adequate provision for public safety.
Adequate sanitation facilities.
Adequate medical and first aid facilities.
Adequate potable water supply.
Adequate fire protection.
Complete removal of refuse and cleanup of the area and location within 24 hours following the gathering.
Adequate water rescue plan, if applicable.
Each application shall be further accompanied by such additional plans, reports, specifications and other material as may be required by the Village Board respecting the provisions of water supply, sewerage facilities, drainage, refuse storage and disposal facilities, food services, medical facilities and fire protection. The Village Board may, in its discretion, place conditions on any approval given pursuant to this chapter as it may deem appropriate to ensure health, safety and welfare of the public.
If the applicant is a corporation, the name of the corporation and the names and addresses of its directors shall be set forth. Furthermore, if the applicant resides outside the County of Montgomery, the applicant shall set forth the name and address of an agent who shall be a natural person, who shall reside in or have a place of business in the County of Montgomery, and who shall be authorized to and shall agree by an acknowledged statement to accept notices issued with respect to the application, construction or enforcement of this chapter.
Each applicant shall include in this application:
The name, address and record owner or owners of the property or properties where the mass gathering shall occur and the nature and interest of the applicant therein.
The proposed dates and hours of such mass gathering.
The expected number of automobiles and vehicles intended to use the property or properties at one time and collectively.
The purpose of the mass gathering, including the nature of the activity to be carried on and the admission fee to be charged, if any.
The maximum expected number of attendees at the gathering.
The proposed measures and facilities to limit the number of persons attending to the maximum expected number.
Each applicant shall submit a plan or drawing to scale showing the method and manner in which:
Sanitary facilities are to be provided for the disposal of human wastes.
The method or manner in which water will be supplied, stored and distributed to those persons attending.
The layout of any parking area for motor vehicles, including the means of egress and ingress to such parking areas, with such plan to reflect the best and safest means of traffic control and safety for persons attending and the general public, including emergency evacuation plan, and any necessary measures to provide for illumination or the suppressing of dust, if applicable. All parking for the gathering shall be suitable off street parking.
Each applicant shall submit a statement specifying whether food or beverages are intended to be prepared, sold or distributed. If food or beverages are intended to be prepared, sold or distributed, each applicant shall submit a statement specifying the manner of preparation and distribution of such and the method of disposing of garbage, trash, rubbish or any other refuse arising therefrom.
Each applicant for a permit shall submit proof of an adequate comprehensive liability insurance policy, in an amount to be determined by the Village Board, insuring the Village of Fonda, its officers and employees, from liability to persons or property and naming the Village of Fonda, its officers and employees, as being coinsured persons or as additional insured parties. Such policy shall not be cancelable by the insurer without 10 days' prior written notice to the Village of Fonda.
The Village Board may, in its discretion, require the applicant to submit a written certification from the Montgomery County Sheriff, New York State Police, or New York State Department of Transportation that the traffic control plan is satisfactory.
No mass gathering authorized pursuant to the provisions of this chapter shall extend or be conducted beyond 12:00 midnight of any day, nor shall an authorized mass gathering commence activity on any day prior to 8:00 a.m.
Any permit granted hereunder may be revoked by the Village Board of the Village of Fonda if it finds that the mass gathering for which a permit was issued is maintained, operated or occupied in violation of this chapter or the Sanitary Code of the State of New York.
If the Village Board of the Village of Fonda shall deny any application for a permit under this chapter, the Village Clerk of the Village of Fonda shall notify the applicant, in writing, of the disapproval and shall include therein the reasons for such disapproval.
No permit issued by the Village Board shall be transferred or assigned to any person or used by any person other than the person to whom it was issued, nor shall any permit be used on any location other than the location stated in the permit application.
A failure to comply with the provisions of this chapter shall be deemed a misdemeanor, and the violator shall be liable for a fine of up to $1,000 for each such offense and/or imprisonment for not more than one year.
In addition to the above-provided penalties, the Village Board may maintain an action or proceeding in the name of the Village in a court of competent jurisdiction to compel compliance with or restrain by injunction any violation of this chapter.