[Adopted by the Board of Trustees of the Village of Fultonville 4-16-2019 by L.L. No. 1-2019. 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 Fultonville.
For the purpose of this chapter, the following terms shall have
the meanings indicated:
Any assemblage or gathering of people on a public/Village
street or affecting the flow of pedestrian and/or motor vehicle traffic
on a public/Village street or event of a temporary nature, whether
in connection therewith any change is made either to participants
or spectators; however, such term, "mass gathering," shall not include
any activity having fewer than 25 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 Fultonville
as herein provided.
A.Â
General application requirements.
(1)Â
An application for a permit under this section shall be submitted
to the Village Board of the Village of Fultonville no less than 60
days prior to the proposed activity, together with an application
fee in the amount of $100 per year. A permit under this section may
be issued by the Village Clerk upon the submission of a written application
by the person or entity who will promote or hold the mass gathering.
The application will include, but is not limited to the following
items:
(a)Â
Name.
(b)Â
Address.
(c)Â
Where gathering will occur.
(d)Â
Proposed dates.
(e)Â
Nature of activity.
(f)Â
Cost if any for event.
(g)Â
Plans for parking and traffic control.
(h)Â
Sanitation (if gathering area is not a permanent structure).
(i)Â
Refuse, garbage, and litter removal.
(j)Â
A certificate of insurance is required.
(2)Â
Completion of this application is vital to improve communication
between the event sponsor and the Village residents. A fee of $100
is required. This fee covers a one-year permit to gather. Approval
is granted by a majority vote of the Village Board.
(3)Â
The Village may, at its discretion request additional information.
B.Â
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.Â
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 Transpo1tation
that the traffic control plan is satisfactory.
No mass gathering authorized pursuant to the provisions of this
chapter shall extend or be conducted beyond 10:00 pm 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 Fultonville 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 Fultonville shall deny
any application for a permit under this chapter, the Village Clerk
of the Village of Fultonville 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.Â
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.
B.Â
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.
A.Â
Upon denial of permit, an appeal process may be pursued by submitting
a written request to the Village Board.
