[HISTORY: Adopted by the Town Board of the
Town of Clinton 2-14-2017 by L.L. No. 1-2017,[1] effective 2-27-2017. Amendments noted where applicable.]
GENERAL REFERENCES
Fines and penalties — See Ch. 137.
Town-owned property and facilities — See Ch. 214.
[1]
Editor’s Note: This local law also repealed former Ch.
159, Mass Gatherings, adopted 4-14-1970 by L.L. No. 1-1970, as amended.
The Town Board of the Town of Clinton, in order to ensure the
proper protection, order, conduct, safety, health, welfare and well-being
of persons and property within the Town of Clinton, County of Dutchess
and State of New York, consistent with the right of peaceful assembly,
finds it is in the public interest to enact this chapter.
This chapter shall regulate the assembly of persons, where such
assembly exceeds 500 persons, even within a twenty-four-hour period,
at any place within the Town of Clinton, County of Dutchess and State
of New York.
No person, group of persons, partnership, association or corporation,
organization, entity, landowner, lessee or any combination thereof
shall maintain, conduct, promote or operate on any private lands or
premises within the Town of Clinton, other than in established theaters,
auditoriums or other places licensed or permitted for public occupancy
as limited by law, any use thereof for the purpose of any gathering
or assembly which is to or shall reasonably attract 500 or more people
even within a twenty-four-hour period except pursuant to a special
permit issued therefor by the Town Board of the Town of Clinton, as
hereinafter provided.
Written application for a special permit for such gathering
or assembly shall be made to the Town Board of the Town of Clinton
and must be submitted in seven copies to the Town Clerk 90 days or
more prior to the first day upon which such gathering or assembly
is to be held. Determination granting or denying permits as herein
provided for shall be made within 60 days after application therefor.
No permits shall be granted unless the applicant complies with all
requirements of this chapter. The fee for such permit shall be as
provided in Town of Clinton Fee Schedule Resolution, as amended, which
fee shall be submitted with the application.
Application for such permit shall be by verified petition addressed to the Town Board and shall be filed in compliance with the provisions of § 159-3 of this chapter. Such application shall include the following material:
A.
A certificate from the Dutchess County Department of Health to the
effect that sanitation facilities to be provided for such assembly
or gathering are adequate to accommodate the needs of the persons
to be assembled and attending the gathering.
B.
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 directors, officers and stockholders owning
5% or more of the number of shares outstanding of each class of stock
shall be provided. If the applicant is a partnership or other organized
group of individuals, the names, addresses and ages of each and every
individual associated with the partnership or other entity shall be
provided.
C.
A statement containing the name and address of the owner of the property
upon which the event is to occur and the nature and interest of the
applicant therein; the proposed dates and hours of such event; the
expected maximum number of persons intended to use the property at
one time and collectively; the expected number of automobiles and
other vehicles intended to use the property at one time and collectively;
the purpose of the function, including the nature of the activities
to be carried on and the admission fees to be charged, if any; and
the names and addresses of all concessionaires and other persons providing
any services or facilities under contract, lease or other arrangement
for the event.
D.
A survey map, prepared by a professional engineer licensed by the
State of New York, 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 other structures or facilities to be erected thereon
for the purpose of the assembly; the placement of the proposed distribution
system of water; the location of any parking areas for automobiles
and other vehicles and the means of ingress and egress to such parking
area; and all service and other roads serving the camping area, food
services, toilet facilities, garbage and refuse collection facilities
and entertainment and performance areas.
E.
A detailed plan and statement, with drawings showing the methods
to be used for the disposal of sanitary sewage.
F.
A detailed plan and statement, with drawings showing the distribution
and supply system for supply, storage, treatment and distribution
of drinking water.
G.
A detailed plan and statement, with drawings showing the layout of
any parking area for automobiles and other vehicles and the methods
of traffic control to be used thereon. Such parking areas shall provide
parking space of acceptable size for one motor vehicle for every four
persons in attendance.
H.
A detailed plan and statement, with drawings showing the facilities
for the preparation, storage, sale and distribution of food and the
means of servicing such area. Such plan shall also detail the method
and means of disposing of any garbage, trash, rubbish and other refuse.
I.
A detailed plan and statement fully describing any private security
personnel who will be engaged by the applicant to serve on or about
the site during the event and the qualifications and source of such
personnel.
J.
A detailed plan and statement providing for fire protection, specifying
the location of fire lanes, water supply and equipment or apparatus
to be available for such purposes.
K.
A detailed plan and statement specifying the facilities to be available
for medical, surgical, nursing and ambulance service. The applicant
must furnish to the Town Board the addresses of all doctors, nurses,
pharmacists and ambulance services the applicant will provide for
the event, prior to issuance of a permit.
L.
A detailed description of all insurance policies and surety bonds
to be provided by the applicant for the protection of the general
public, the Town of Clinton and its various public bodies, officers
and employees. Certificates of such insurance and bonds shall be submitted
to the Town Board at least 15 days prior to the commencement date
of the event.
M.
A subscribed authorization from the landowner and the applicant to
the Town of Clinton and the County of Dutchess to permit the Town
and county and their lawful agents to go upon the property for the
purpose of inspecting the same to determine if there is compliance
with the requirements of this chapter and the permit, if granted,
for providing adequate police and fire protection and protecting persons
and property from danger.
N.
A statement subscribed by the applicant that the applicant will specify
in all advertising and promotional endeavors the limitation on the
number of tickets to be sold or otherwise issued as specified in the
permit and that the applicant will neither sell nor otherwise issue
tickets at the site while the event is in progress.
A.
No permit shall be issued unless the applicant shall furnish to the
Town of Clinton a comprehensive liability insurance policy insuring
the Town against liability for damage to persons or property with
limits of not less than $500,000 per person and $1,000,000 per occurrence
for bodily injury or death and limits of not less than $500,000 for
property damage, sufficient in form to insure, indemnify and save
the Town harmless from any liability or causes of action which might
arise by reason of granting of the permit and noncancelable without
10 days' prior written notice to the Town.
B.
No permit shall be issued unless the applicant shall deposit with
the Town Clerk cash, letter of credit, good surety company bond or
other acceptable surety, approved by the County of Dutchess, in such
sum not less than $100,000 as the Town Board may reasonably require
and conditioned that all requirements of the permit will be fully
performed by the applicant, 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, which cash shall be refunded,
letter of credit voided or surety company bond canceled upon certification
by the Town Board that all conditions of this chapter have been complied
with. Such surety bond, letter of credit, cash or other acceptable
surety shall serve as an indemnity to save and protect the streets,
pavements, bridges, road signs and other property of the Town of Clinton
and the County of Dutchess and any other town and village within the
county from any and all damage that may be caused by vehicles, employees
or participants in such event and to be used, if necessary, to restore
the ground where such event is held to a sanitary condition and pay
all charges and losses to the Town of Clinton and the County of Dutchess
and its respective towns and villages for damages to streets, pavements,
bridges and other property. Any surety, regardless of form, shall
be approved by the Attorney to the Town as to form, sufficiency, and
manner of execution.
The permit shall not be granted if any of the items set forth
in said application are determined by the Town Board to be insufficient
to properly safeguard the safety, health, welfare and well-being of
persons or property or do not comply with any of the requirements
of this chapter. Denial of the permit by the Town Board of the Town
of Clinton shall be in writing.
Any permit issued pursuant to this chapter may be immediately
suspended or revoked within the sole discretion of the Town Board
in the event that any of the provisions of this chapter, requirements
of the Dutchess County Health Department or conditions of the permit
are not complied with or adhered to.
Violations of this chapter shall be considered a Violation B, punishable as set forth in Chapter 137, Fines and Penalties.
This chapter shall be administered, enforced and prosecuted
by the Town Board, the Zoning Administrator, the Building Inspector
and/or the Attorney to the Town.
