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:
MASS GATHERING
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.
A. General application requirements.
(1) 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:
(b)
Adequate traffic control.
(d)
Adequate provision for public safety.
(e)
Adequate sanitation facilities.
(f)
Adequate medical and first aid facilities.
(g)
Adequate potable water supply.
(h)
Adequate fire protection.
(i)
Complete removal of refuse and cleanup of the area and location
within 24 hours following the gathering.
(j)
Adequate water rescue plan, if applicable.
(2) 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.
B. 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.
C. Each applicant shall include in this application:
(1) 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.
(2) The proposed dates and hours of such mass gathering.
(3) The expected number of automobiles and vehicles intended to use the
property or properties at one time and collectively.
(4) 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.
(5) The maximum expected number of attendees at the gathering.
(6) The proposed measures and facilities to limit the number of persons
attending to the maximum expected number.
D. Each applicant shall submit a plan or drawing to scale showing the
method and manner in which:
(1) Sanitary facilities are to be provided for the disposal of human
wastes.
(2) The method or manner in which water will be supplied, stored and
distributed to those persons attending.
(3) 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.
E. 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.
F. 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.
G. 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.