[HISTORY: Adopted by the Town Board of the
Town of Catskill 4-4-2017 by L.L.
No. 3-2017. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 123.
The purpose of this chapter is to protect the public health,
welfare, safety, peace and tranquility of the community by regulating
mass gatherings within the Town of Catskill.
This chapter is enacted pursuant to § 10 of the Municipal
Home Rule Law.
As used in this chapter, the following words and terms shall
have the indicated meanings:
Any individual, individuals, an individual "Doing Business
As," herein a "DBA," partnership, corporation, legal liability corporation,
legal liability partnership, association, political subdivision, government
agency or municipality.
The written application the Town requires for a mass gathering.
Water provided for human consumption, food preparation or
for lavatory, bathing or laundry purposes.
An event at an approved site which is likely to attract 1,000
to 4,999 people or more at any one time.
A written approval by the Town of Catskill for a mass gathering.
The applicant who is granted the permit.
All putrescible and nonputrescible solid waste, including
garbage, rubbish, ashes, incinerator residue, street cleanup, dead
animals, offal and solid commercial waste.
Excreta and the waste from a toilet flush, bath, sink, lavatory,
dishwashing or laundry machine, or the water carried away from any
other fixture or equipment or machine.
The Town of Catskill.
The Town Board of the Town of Catskill.
The Town Clerk for the Town of Catskill.
This chapter shall not apply to any functions sponsored by the
Catskill School District related to an educational activity or functions
approved or sponsored by the Town Board at parks.
A.
No applicant shall hold or promote by advertising or otherwise, a
mass gathering unless a permit has been first issued by the Town Clerk.
No person shall use, allow, lease or otherwise permit to be used,
property for a mass gathering unless the Town Clerk first issues a
permit.
B.
The Application for a permit shall be submitted on forms furnished
by the Town and shall be submitted to the Town Clerk at least three
months prior to the date of the mass gathering. The Town shall not
accept an application more than one year prior to the proposed mass
gathering.
C.
The Town Board shall, in writing, approve or deny an application
within three weeks after the application is submitted to the Town
Clerk.
D.
A separate permit shall be required for each mass gathering. A separate
permit shall be required for any mass gathering which is scheduled
to take place more than 48 hours after a previous mass gathering.
However, an application may be made for more than one permit within
a twelve-month period provided the applicant submits an application
for each proposed mass gathering.
E.
A permit issued for a mass gathering shall be kept on file with the
Town Clerk and also posted by the permit holder in a prominent place
at the mass gathering.
An application for a permit to conduct a mass gathering shall
include the following information:
A.
Applicant:
(1)
Individual. If the applicant is an individual, the name, address
and all contact information, a copy of a valid driver's license,
prior history of any mass gathering in the Town or at any other location(s)
and, if any, history of misdemeanor or felony convictions.
(2)
Partnership. If the applicant is a partnership, DBA, corporation,
limited liability partnership, or a limited liability corporation,
the names, addresses, titles and contact information for the following:
B.
The location and description of the property where the mass gathering
is proposed, including all land to be used directly, indirectly or
incidental to the mass gathering. If the interest in the property
is contained in a contract, leasehold or other writing, a copy of
such contract, lease or writing shall be attached to the application.
C.
The date(s) and the hours during which the mass gathering is proposed
to take place.
D.
The plans for the proposed mass gathering shall include, but not
necessarily be limited to, the following:
(1)
A detailed plan for parking facilities off public roadways able to
serve all reasonably anticipated requirements at a volume of up to
100 passenger cars per acre or 30 buses per acre.
(2)
A detailed plan for transportation arrangements from noncontiguous
parking facilities to the mass gathering. The applicant shall obtain
approval of such plan from the New York State Police and the Greene
County Sheriff.
(3)
An outline map of the area to an appropriate scale showing the location
of all areas of assemblage, including separate overnight camping areas
for sleeping, adequate interior roads for emergency access and egress,
a representation accompanying the outline map that the interior roads
will be kept clear and locations for food services and the service
of alcohol.
(4)
The total number of persons anticipated to be present at the mass
gathering, including performers, staff members and audience, which
shall be determined by providing a net assembly area of at least 50
square feet per person in addition to providing at least 50 square
feet per person in a separate camping area for 50% of the population.
Parking areas which are contiguous to the mass gathering site may
be included in such square footage calculation.
(5)
A detailed plan for controlling unauthorized admittance, including
methods of entering the mass gathering, number and location of ticket
booths at entrances and a plan for keeping non-ticket holders out
of the mass gathering.
(6)
A detailed plan for use of signs to locate the mass gathering and
to locate all facilities and roadways within the mass gathering.
(7)
A statement from the fire department having jurisdiction over the
mass gathering stating the facilities available to the mass gathering
are suitable to provide adequate firesafety and stating a willingness
to respond to emergencies.
(8)
A detailed plan for emergency situations, including:
(a)
The location for medical services, description of medical supplies,
number of qualified EMTs in attendance and the arrangements made with
hospitals and ambulances in the area, including names and locations.
(b)
An evacuation plan.
(c)
Emergency access and egress roads.
(d)
A written statement from the Greene County Director of Emergency
Preparedness that the Director has reviewed and approved the plan
for emergency preparedness.
(9)
A command post in a specific location to be used by on-site security
personnel, the County Sheriff, State Police, Department of Health
and the Town Clerk. The command post shall be equipped with a communication
system satisfactory to the Town Clerk.
(10)
A detailed plan for security enforcement, including external
and internal crowd control, the number of qualified personnel for
crowd control and security enforcement, and prevention of the unlawful
use of alcohol, narcotics and dangerous drugs at the mass gathering.
(11)
A detailed plan for providing food services, drinking water,
lavatories, disposal of sewage, bathing and laundry facilities.
(12)
A detailed plan for internal storage and collection of refuse,
including provisions for disposal and cleaning the site utilized for
the mass gathering and surrounding properties within 72 hours after
the mass gathering.
(13)
A detailed plan for amplifying equipment designed to control the noise level at the perimeter of the mass gathering as set forth in the Town's Noise Ordinance Law, Chapter 123.
(14)
A detailed plan for lighting designed to illuminate the public
areas of the mass gathering and demonstrating that the lighting will
not reflect on any area beyond the boundary of the mass gathering
when the mass gathering is planned to occur after daylight hours.
(15)
A detailed plan showing that the mass gathering shall be adequately
buffered by fencing or other crowd control devices from all neighboring
homes within 500 feet of the boundary of the mass gathering.
(16)
A representation that the applicant has submitted the application
to Greene County Board of Health which includes authorization to inspect
the mass gathering site prior to the mass gathering date.
(17)
A detailed plan for the supervision by the applicant of children
under 16 years of age attending the mass gathering without adult supervision.
(18)
Resumes of the administration staff which the applicant plans
to use to supervise the mass gathering.
(19)
A detailed plan for the removal of any temporary structures
erected for use during the mass gathering within one week after the
time specified in the application for the end of the mass gathering.
(20)
A detailed plan for the construction of temporary structures
for use at the mass gathering which must be submitted to and approved
by the Town Code Enforcement Officer.
A.
The permit holder of a mass gathering shall prohibit storage of flammable
or volatile liquids or materials in or adjacent to the mass gathering.
B.
The permit holder shall comply with all local laws and with all provisions
set forth in the permit and shall allow the Town Clerk or a representative
of the Town Clerk to enter the mass gathering to ascertain compliance
with the permit and the local law.
C.
The permit holder shall not sell, offer for sale, allow any other
person to sell or offer for sale any alcoholic beverage other than
beer at the mass gathering unless the permit holder possess a valid
New York State liquor license permitting the service of other types
of alcohol and the permit grants permission for the service of other
types of alcohol.
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 $1,000,000/$2,000,000 for bodily injury or death
and limits of not less than $1,000,000 for property damage to save
the Town harmless from any and all liability or cause of action which
might arise by reason of the granting of the permit, which policy
shall be cancelable only with 10 days' prior written notice to
the Town. This insurance policy shall be in effect during the mass
gathering, during set up and take down. Failure to keep the insurance
policy in effect, as set forth herein, shall result in automatic revocation
of the permit.
Each application shall be accompanied by a fee in the amount
of $250 per 1,000 people; $300 per 1,001 to 2,500 people; $400 per
2,501 to 4,999 people, payable at the time of its submission. A fee
shall be compensation to the Town for its examination and processing
of such application and shall not be refundable.
A.
If there is a violation of this chapter, the Town may, in its sole
discretion, cancel the permit for the mass gathering upon giving written
notice to the permit holder.
B.
A person who shall use, or allow to be used, property for a mass
gathering or any person who shall promote or advertise such mass gathering
without first obtaining a permit shall be deemed to have violated
this chapter and shall be deemed to have committed a misdemeanor.
C.
If there is a violation of this chapter, the violator shall be subject
to a fine of not more than $1,000 nor less than $100 for each day
of the violation or imprisonment, not to exceed one year or both.
D.
In addition to the penalties set forth herein, the Town may maintain
an action or proceeding in a court of competent jurisdiction to compel
compliance with this chapter and other local laws, restrain by injunction
the violation of this chapter or other local laws and seek damages
or other relief for damage the Town may sustain as a result of the
violation of this chapter or other local laws.
Should any section or provisions of this chapter be declared
by any court to be unconstitutional or invalid, such declaration shall
not affect the validity of this chapter as a whole or any part thereof
other than the part so declared to be unconstitutional or invalid.
The provisions of this chapter shall be in addition to, and not in lieu of, nor construed to be in conflict with, the provisions contained in § 225 of the Public Health Law or Sections 7-1.40 through Sections 7-1.44 of Chapter 1 of the State Sanitary Code.
This chapter shall take effect immediately upon its adoption
and filing with the Office of the Secretary of State.
