[HISTORY: Adopted by the Town Board of the Town of Fabius 7-17-2006 by L.L. No. 1-2006. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Public Assemblies Law of the Town of Fabius, New York."
In order to preserve the public peace and good order, to prevent riots and tumultuous assemblages, unreasonably loud or disturbing noises, disorderly, noisy, riotous or tumultuous conduct and to promote the health, safety, morals and general welfare of the community consonant with the rights of its citizens and inhabitants and others in the Town of Fabius to peacefully assemble, this chapter is enacted.
This chapter shall regulate the assembly of persons at temporary outdoor public gatherings where 250 or more persons are expected to congregate in the Town of Fabius. This chapter shall not be construed to apply to ski areas, swimming facilities, recognized charitable fund-raising functions, governmental, religious, fire district or fire company recreational functions otherwise permitted on the subject property by Chapter 150, Zoning, of the Code of the Town of Fabius; and subject to there being no other function, event or activity conducted in conjunction therewith, weddings, family reunions or graduations held at a private, family residence.
Unless otherwise expressly stated, the following terms shall, for the purposes of this chapter, have the meanings herein indicated:
- The gathering, collecting or congregating of persons with or without the levy of an admission fee.
- A structure wholly or partially enclosed within exterior walls and a roof, of permanent or temporary nature, affording shelter to persons, animals or property.
- PUBLIC PLACE
- A place to which the public or a substantial group of persons is invited or has access.
- A construction that is safe and stable and includes among other things tents, stadiums, amphitheaters and other similar facilities.
- TEMPORARY OUTDOOR ACTIVITY
- Any activity which is not contained in an enclosed structure or building.
No person shall use, allow, let or permit to be used property for the assembly of persons for temporary outdoor activity in excess of 250 persons unless written permit shall have been obtained from the Town Board.
Application for such permit shall be by verified petition addressed to the Town Board and shall be filed personally with the office of the Town Clerk at least 90 days prior to the date upon which the commencement of such assembly is contemplated.
Such application shall include the following written material:
A statement of the name, age and residence address of the applicant; if 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; if the applicant does not reside in the County of Onondaga, the name and address of an agent who shall be a natural person and shall reside or have a place of business in the County of Onondaga and who shall be authorized to and shall agree by verified statement to accept notices or summonses issued with respect to violations of any law, ordinances, rules or regulations.
A statement containing the name and address of the record owner of the subject property or properties and the nature and interest of the applicant therein; the proposed dates and hours of such assembly; 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; and the purpose of the function, including the nature of the activities to be carried on and the admission fee to be charged, if any.
A map showing the size of the property, the zoning district in which it is located, the streets or highways abutting said property, the size and location of any existing building, buildings or structures or of any proposed building, buildings or structures to be erected for the purpose of the assembly.
A plan or drawing showing the method to be used for the disposal of sanitary sewage.
A plan or drawing showing the method to be used for the supply, storage and distribution of water.
A plan or drawing showing the layout of any parking area for automobiles and other vehicles and the means of ingress and egress to such parking area. Such parking area shall provide one parking space for every four persons in attendance.
A statement specifying the method of disposing of any garbage, trash, rubbish or other refuse arising therefrom.
If a person, other than the person applying for the permit, will be engaged in the sale and distribution of food and beverage, the name and address of such person shall be submitted.
A statement specifying whether any private security guards or police will be engaged and, if so, the number thereof, and the duties to be performed by such persons.
A statement specifying the precautions to be utilized for fire protection and a map specifying the location of fire lanes and water supply for fire control.
A statement specifying the facilities to be available for emergency treatment of any person who might require immediate medical or nursing attention.
A statement specifying whether any camping or housing facilities are to be available and, if so, a plan showing the intended number and location of same.
A statement that no soot, cinders, smoke, noxious acids, fumes, gases or unusual odors, or loud or excessive noises shall be permitted to unreasonably emanate beyond the property line of the assembly, including upon any adjoining Town roads.
No permit shall be issued unless the permittee shall furnish the Town with written authorization to permit the Town or its lawful agents to go upon the subject property for the purpose of inspecting the same, providing adequate police and fire protection and protecting persons and property from danger.
No permit shall be issued unless the applicant shall furnish the Town with a comprehensive liability insurance policy, issued by a company duly licensed by the State of New York, insuring the applicant against liability for damage to persons or property with limits of not less than $500,000 to $1,000,000 for bodily injury or death and limits of not less than $100,000 for property damage, which said policy shall name the Town as an additional insured, and shall be noncancellable without prior written notice to the Town.
Where the expected maximum number of persons shall exceed 500 persons as a condition of the granting of the permit, the Town Board may require the permittee to provide for such police protection as may be deemed necessary by the Town Board to adequately and safely control and protect the assembly, the assembly area and traffic in and about the area of the assembly.
The Town may issue a permit upon such other conditions, including a bond, to insure compliance with any conditions the Town may impose, as the Town may reasonably impose to insure compliance with this chapter and for the general protection of the health, safety and welfare of the persons and property in the Town.
The Town may deny the issuance of a permit if it shall find that any of the items as set forth in this chapter are insufficient to properly safeguard the safety, health, welfare and well-being of persons or property. The denial shall be in writing and shall set forth the reason therefor. In no event shall the Town withhold its written approval or denial of a permit for a period in excess of 20 days after a full submission to it by an applicant, except by an extension in writing given by the applicant.
If a permit is granted by the Town, such permit shall set forth the maximum number of persons to be permitted to attend the event. The Town, in determining such maximum limit, shall take into consideration the capacity of the site, the facilities to be available and the availability of public highways and other means of transportation to and from the site. The applicant shall limit access to the activity to such maximum number and shall include such limitations in all advertising.
Each permit shall expire as designated upon approval.
If after a permit is issued the Town Board determines that any of the representations and/or statements contained in the application or any of the conditions of the permit have not been complied with, the Town Board may serve upon the permittee's agent for the service of process, as appointed pursuant to § 18-7A hereof, a two-days' notice of hearing specifying the manner in which the permittee has not complied with the terms of its permit and at which hearing the Town Board, for good cause, may modify or rescind such permit, absolutely or upon conditions.
The applicant shall pay to the Town at the time the application is submitted a fee of $150 where the maximum number of persons to assemble shall not be over 250, and $200 where the maximum number of persons to assemble shall be over 500 persons. One-half of the fee shall be refunded if a permit is not issued.
Any person who shall use, allow, let or permit to be used property for the assembly of persons in excess of 250 for temporary outdoor activity or any person who shall cause the gathering, collecting or congregating of persons in excess of 250 in public places for temporary outdoor activity without having a written permit in accordance with the provisions of this chapter shall be guilty of a violation of this chapter.
A violation of any of the provisions of this chapter shall be a misdemeanor and shall be punishable as hereinafter provided.
A separate offense against this chapter shall be deemed committed on each day during or on which a violation occurred or continues. A separate penalty may be imposed for each separate offense.
For each violation of this chapter, the person violating the same shall be subject to a fine of not more than $1,000 or imprisonment not to exceed one year, or to both such fine and imprisonment.