The Town Board of the Town of Steuben, in order to promote proper government and ensure the proper protection, order, conduct, safety, health, welfare and well-being of persons and property within the Town, finds that it is in the public interest to enact this chapter pursuant to the provisions of Town Law § 130, Subdivisions 11, 15, and 19, and Municipal Home Rule Law § 10, Subdivision 1(ii)(a)(12). This chapter shall regulate the assembly of persons where such assembly may exceed 1,200 persons at any place within the Town.
[HISTORY: Adopted by the Town Board of the Town of Steuben 3-13-2003 by L.L. No. 1-2003. Amendments noted where applicable.]
A.
Word usage. In this chapter, words used in the present tense include the future, the singular number includes the plural and the masculine shall include the feminine. The word "shall" is mandatory and "may" is permissive.
B. ASSEMBLY BUILDING PERSON STRUCTURE
Terms defined. As used in this chapter, the following terms shall have the meanings indicated:
The gathering, collecting, or congregating of persons at any place within the Town, with or without the levy of an admission fee, for a common purpose, such as but not limited to sports events, circuses, carnivals, festivals, music festivals, and religious observances.
A structure wholly or partially enclosed with exterior walls and a roof, of a permanent or temporary nature, affording shelter to persons, animals, or property.
Any individual, firm, company, association, society, corporation, or group.
A combination of materials to form a construction that is safe and stable and includes, among other things, stadiums, stages, prop forms, radio towers, sheds, storage bins, tents, billboards, space signs, bleachers, ramps, and seats.
A.
No person shall use, allow, let, or permit property to be used for an assembly that may exceed 1,200 persons, nor shall any person use, allow, let, or permit property to be used for any part or portion of an assembly which in the aggregate may exceed 1200 persons, unless upon written permit authorizing such use and assembly issued by the Town Board through its Clerk.
B.
Application for such permit shall be by verified petition on forms to be furnished by the Town, addressed to the Town Board and filed with the Town Clerk at least 90 days before the date on which such use and assembly shall occur. The Town Board shall act on the application within 60 days after its submission. Such application shall include the following information:
(1)
A statement of the name(s), age(s), and residence address(es) of the applicant(s); if the applicant is a corporation, partnership, or other entity, the same information shall be provided for all directors and officers, partners, or members; if the applicant does not reside within the Town of Steuben, the name and address of an agent who shall be a natural person and who shall reside in or have a place of business in the County of Oneida and who shall be authorized to and shall agree by verified statement to accept notices or summonses issued with respect to the application or the assembly.
(2)
A statement of the name(s) and address(es) of the record owner(s) of the property where the assembly will be located and the nature and interest of the applicant therein; the proposed dates and hours of such assembly; the maximum number of persons expected to attend the assembly at one time and collectively; the number of automobiles and vehicles expected at the assembly at one time and collectively; and the purpose of the assembly and the nature of the activity to be carried on and the admission fee to be charged, if any.
(3)
A map prepared by a licensed land surveyor or licensed public engineer showing the size of the property and its location within the Town; the names and addresses of the record owners of the adjoining properties; the streets or highways abutting the property; the size and location of any existing buildings and buildings or structures to be erected for the purpose of the assembly; and the method of construction and materials to be used in any new building or structure.
(4)
A plan or drawing to scale prepared by the licensed public engineer or licensed land surveyor showing the method and manner in which:
(5)
A plan drawn to scale showing the layout of any parking area for motor vehicles, including the means of egress from and ingress to such parking area.
(6)
A statement containing the type, number and location of any radio device, sound amplifier or loudspeaker, sound truck, or other similar sound equipment.
(7)
A statement specifying whether food or beverages are intended to be prepared, served, or distributed. If food or beverages are intended to be prepared, served, or distributed, a statement specifying the method of preparation and distribution and the method of disposing of garbage, trash, rubbish, or any other refuse arising therefrom. If food or beverages are to be prepared, served, or distributed, a plan or drawing to scale must be attached to the application showing the buildings or other structures where the food or beverages shall be prepared, served, or distributed.
(8)
A statement specifying detailed plans for security enforcement, including prevention of unlawful use of alcohol, narcotics, or dangerous drugs at the site, external and internal crowd control, and methods for limiting the size of the proposed function to the maximum number of persons expected to attend; such maximum number shall be specified in the permit and compliance with the limitation shall be a condition thereof.
(9)
A statement specifying the precautions to be utilized for fire protection, including a plan or drawing to scale, specifying the locations of fire lanes and water supply for fire control.
(10)
A statement specifying whether any outdoor lights or signs are to be utilized and, if so, a map showing the number, location, size, type, and illuminating power of such lights and signs.
(11)
A statement specifying the facilities to be available for emergency treatment of any person who may require medical or nursing attention.
(12)
A statement specifying whether any camping or housing facilities are to be available and, if so, a plan drawn to scale showing the intended number and the location of same.
(13)
A statement specifying the contemplated duration of the assembly.
A.
No permit shall be issued unless it is clearly shown that all of the following are provided for and approved, in writing, by the Town Board of the Town of Steuben in consultation with the Oneida County Department of Health, the Oneida County Sheriff, the New York State Police, and the Chief of the fire company having a contract with the Town that is the primary responder for the location of the assembly.
(1)
Drinking water adequate in quantity and quality as provided in Chapter I, Parts 5 and 7, of the State Sanitary Code (10 NYCRR).
(2)
Toilet facilities adequate for the capacity of the assembly or use as provided in Chapter I, Part 7, of the State Sanitary Code (10 NYCRR).
(3)
Adequate facilities for the satisfactory disposal or treatment and disposal of sewage. Such facilities shall meet and be maintained in accordance with the standards and requirements of the New York State Department of Health and the Oneida County Health Department.
(4)
Adequate facilities and arrangements for safe, clean disposal of solid waste, garbage, and trash.
(5)
Adequate supply of food, including provisions for sanitary storage, handling, and protection of food and beverages until served or used. A showing must be made that where food is to be prepared or consumed there are facilities for washing, disinfecting, and storing dishes and food utensils. All food service and related operations shall require a permit issued by the Oneida County Department of Health and are subject to its continuing inspection and control.
(6)
Adequate off-street and off-road parking facilities for the contemplated number of people attending the assembly or use. Parking space shall be provided for at least one car for every four persons in attendance.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(7)
Adequate camping and housing facilities for the contemplated number of people in attendance, if it is contemplated that the assembly or use shall extend from one day to another.
(8)
An adequate number of access roads to and from the site of the assembly.
B.
The cited provisions of the State Sanitary Code shall apply notwithstanding that the number of persons expected to attend the assembly is less than the minimum number required by the code before it applies; in that event, the minimum requirements of the code shall be applied under this chapter unless this chapter specifies stricter standards. When the number of persons expected to attend the assembly reaches the minimum required for application of the code, this chapter, except where it applies stricter standards, shall be preempted by the code.
C.
No permit shall be issued unless the owner of the property and his tenant or lessee, if any, shall furnish the Town with written authorization to permit the Town or its lawful agents to go upon the property at any time for the purpose of inspecting the same, the facilities provided thereon, and the cleaning of the premises after the termination of the assembly.
D.
No permit shall be issued unless the applicant shall furnish the Town with evidence that the assembly will be covered by the following insurance: commercial general liability insurance policy covering personal injuries, death, and property damage and fire legal liability with a combined single limit of $2,500,000; non-owned automobile coverage with a combined single limit of $2,500,000; worker's compensation and disability - statutory amounts. Liability and non-owned automobile insurance shall be endorsed to include the Town and its officers, boards, employees, committee members, attorneys, agents, and consultants as additional insureds; shall have deductibles approved by the Town; and shall be endorsed to require at least 15 days' prior written notice to the Town before cancellation. The applicant shall further provide the Town with a cash security deposit or letter of credit approved by the Town in an amount to be set by the Town Board based on expected attendance, the amount of rental and service contracts, and other anticipated expenses of the assembly to assure compliance with this chapter and the permit and all other applicable laws and regulations and to secure the Town against expense it may incur because of default in the removal of trash and other waste material as hereinafter provided or any other default with respect to the requirements of the permit and all applicable laws and regulations, which deposit or letter shall be returned to the applicant within 30 days from the date of termination of the assembly after deduction therefrom of all expenses caused by the applicant's failure or refusal to achieve such compliance.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Each application shall be accompanied by a fee in the amount of $100 at the time of its submission. The fee shall compensate the Town for its examination and processing of such application and shall not be refundable in whole or in part.
Within three days from the date of the termination of the assembly, trash, paper, garbage, and other waste material, whether on the site of the assembly or off-site, shall be completely removed in a safe, clean, and sanitary manner.
Any permit issued may be revoked by the Town Board through its Code Enforcement Officer or other designated representative if at any time it should be determined that the applicant has failed to provide the facilities specified in the application or that the setting up of the facilities provided for in the application cannot be reasonably accomplished within the time or date set for the assembly.
A.
The enforcement of this chapter shall be the responsibility of the Town's Code Enforcement Officer, who shall be authorized to issue appearance tickets.
B.
The violation of any provision of this chapter or of any of the terms and conditions of a permit shall be an offense punishable by a fine of not more than $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.
C.
The Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.
This chapter shall be effective immediately on its filing with the Secretary of State.