[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.
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.
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.
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.
B.
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.
C.
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.
D.
A plan or drawing showing the method to be used for the disposal
of sanitary sewage.
E.
A plan or drawing showing the method to be used for the supply, storage
and distribution of water.
F.
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.
G.
A statement specifying the method of disposing of any garbage, trash,
rubbish or other refuse arising therefrom.
H.
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.
I.
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.
J.
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.
K.
A statement specifying the facilities to be available for emergency
treatment of any person who might require immediate medical or nursing
attention.
L.
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.
M.
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
A violation of any of the provisions of this chapter shall be a misdemeanor
and shall be punishable as hereinafter provided.
C.
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.
D.
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.
