[HISTORY: Adopted by the Town Board of the Town of Carmel as Ch.
31 of the 1972 Code. Amendments noted where applicable.]
This chapter shall be known and be cited as the "Public Assembly Ordinance."
The Town Board, 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 of Carmel, Putnam County, New York,
finds that it is in the public interest to enact this chapter. This chapter
shall regulate the assembly of persons where such assembly of persons exceeds
500 persons at any place within the Town of Carmel, Putnam County, New York.
A.
Word usage. Words used in the present tense include the
future; the singular number includes the plural, and the masculine shall include
the feminine. "Shall" is mandatory, and "may" is permissive.
B.
ASSEMBLY
BUILDING
PERSON
STRUCTURE
Definitions. For the purpose of this chapter, the terms
used herein are defined as follows:
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, religious observances.
A structure wholly or partially enclosed with exterior walls and
a roof, of permanent or temporary nature, affording shelter to persons, animals
or property.
Any individual, firm, company, association, society, corporation
or group.
A combination of materials.
The provisions of this chapter shall not apply to the following:
A.
An assembly sponsored, organized and authorized by a
parochial or private school located within the Town of Carmel.
B.
An assembly sponsored, organized and authorized by any
established church maintaining a place of worship within the Town of Carmel.
C.
An assembly sponsored, organized and authorized by a
veterans' organization, provided that such organization has maintained
a chapter, post, lodge, camp or other group within the Town of Carmel for
one year prior to the proposed assembly.
D.
An assembly sponsored, organized and authorized by a
civic group, provided that such civic group has maintained a chapter or local
organization within the Town of Carmel for one year prior to the proposed
assembly.
A.
No person shall use, allow, let or permit to be used
property for the assembly of persons in excess of 500 persons, nor shall any
person use, allow, let or permit to be used property for any part or portion
of such assembly of persons which total assembly in the aggregate is in excess
of 500 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 60 days prior to the date upon which such use
and assembly shall occur. The Town Board shall act upon the application within
30 days after its submission after a public hearing pursuant to notice published
at least once in the official newspaper 10 days prior to such hearing. The
application shall include the following information:
(1)
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 its directors and officers; if the applicant does
not reside within the Town of Carmel, the name and address of an agent who
shall be the natural person and who shall reside in or have a place of business
in the County of Putnam, and who shall be authorized to and shall agree by
verified statement to accept notices or summonses issued with respect to the
application, the conduct of the assembly or use in any manner involving it
arising out of the application, construction or application of this chapter.
(2)
A statement containing the name, address and record owner
of the property where the assembly and use shall occur and the nature and
interest of the applicant therein; the proposed dates and hours of such assembly
and use; the expected maximum number of persons intended to use the property
at one time and collectively; the expected number of automobiles and vehicles
intended to use the property at one time and collectively; and the purpose
of the assembly and use, including 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; the zoning district (if
any) in which it is located; the names and record owners of the adjoining
properties; the streets or highways abutting said property; the size and location
of any existing building, buildings or structures to be erected for the purpose
of the assembly and use; the method, construction and materials to be used
in any new building or structure.
(4)
A plan or drawing to scale prepared by a 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 and ingress to such
parking area.
(6)
A statement containing the type, number and location
of any radar device, sound amplifier or loudspeaker or soundtrack or other
similar sound equipment.
(7)
A statement specifying whether food or beverage is intended
to be prepared, sold or distributed. If food or beverages are intended to
be prepared, sold or distributed, a statement specifying the method of preparation
and distribution of such food or beverage and the method of disposing of garbage,
trash, rubbish or any other refuse arising therefrom. If food or beverage
is to be prepared, sold and distributed, a plan or drawing to scale must be
attached to the application showing the buildings or other structure from
which the food or beverages shall be prepared, sold or distributed.
(8)
A statement specifying whether any private security guards
or police will be engaged, and, if so, the numbers and duties to be performed
by such persons, including the hours to be worked and areas of responsibility.
(9)
A statement specifying the precautions to be utilized
for fire protection, including a plan or drawing to scale specifying the location
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 whether any camping or housing facilities
are to be available; and, if so, a plan drawn to scale showing the intended
number and location of the same.
(13)
A statement specifying the contemplated duration of the
assembly and use.
(14)
If the assembly and use are to continue from one day
into another, a statement specifying housing facilities available or to be
made available on the premises.
(15)
A statement of the maximum noise decibels contemplated
by the assembly at the site of nearest adjoining or contiguous property.
C.
No permit shall be issued unless it is clearly shown
that all of the following are provided for and approved in writing by the
Putnam County Health Department and the Town Board of the Town of Carmel:
(1)
Drinking water adequate in quantity and quality satisfactory
to the permit-issuing official. Drinking water shall be readily available
to all persons attending the assembly or use. Only drinking water shall be
so delivered or piped as to be easily accessible. A well or spring used as
a source of drinking water and the structure used for the storage of drinking
water shall be so constructed and located as to protect the contents against
pollution. A pipe or pump delivering the drinking water shall be of the type
and installation acceptable to the permit-issuing official. There shall be
no physical connection between a pipe carrying drinking water and a pipe carrying
water not of a quality of satisfactory to the permit-issuing authority. A
fixture, installation or equipment from which back-siphonage may occur shall
not be supplied water from a pipe carrying drinking water. All pipes carrying
drinking water shall be buried to a sufficient depth below the surface of
the ground to prevent their damage or destruction. A common drinking container
shall not be provided or allowed to be used. Any drinking fountain shall be
of approved sanitary design and construction. Where water treatment process
is employed, an accurate and complete report of the process and operation
thereof shall be maintained daily, and no change of the source or in the method
or treatment of a drinking-water supply shall be made without first notifying
the permit-issuing official and securing his written approval to do so.
(2)
Toilet facilities adequate for the capacity of the assembly
or use. These facilities shall be located so as to be conveniently available
and shall be so constructed and maintained that they will not be offensive.
Toilet facilities for groups of people consisting of both sexes shall be arranged
so that the facilities shall be separate for each sex. No privy shall be so
located or constructed that it will, by leakage or seepage, possibly pollute
a water supply, surface water or adjacent ground surface, and shall be constructed
in accordance with the requirements of the State Department of Health, and
shall be maintained so that it will not permit access of flies to the privy
vault.
(3)
Adequate facilities for and satisfactory disposal or
treatment and disposal of sewage shall be maintained. Such facilities shall
meet with the standards and requirements of the New York State Department
of Health and the Putnam 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.
(6)
Adequate off-street and off-road 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.
(7)
Adequate 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 or use.
(9)
Adequate medical facilities, including a first-aid station.
It must be shown that at least one doctor shall be in attendance at all times
and that at least one registered nurse for each 500 people in attendance will
be on duty at all times.
(10)
Adequate fire protection arrangements for buildings.
D.
No permit shall be issued unless the owner 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.
E.
No permit shall be issued unless the applicant shall
furnish the Town with a comprehensive liability insurance policy insuring
the Town against liability for damage to person or property with limits of
not less than $250,000 nor more than $500,000 for bodily injury or death,
and limits of not less than $250,000 for property damage sufficient to save
the Town harmless from any liability or cause of action which might arise
by reasons of the granting of the permit and not cancelable without 10 days'
prior written notice to the Town.
F.
Within five days from the date of the termination of
the assembly, trash, papers, garbage and other waste material shall be completely
removed from the premises in a safe, clean and sanitary manner, and the applicant
shall post a bond with the Town Clerk in an amount fixed by the Town Board
to insure said performance.
G.
Any permit issued may be revoked by the Town Board through
its Clerk if at any time it should be determined that the applicant has failed
to provide the facilities as 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 or use.
[Amended 11-26-1986]
Each application shall be accompanied by a fee which shall compensate
the Town for its examination and processing of such application and shall
not be refundable in whole or in part. The filing fee shall be established
annually by the Town Board and shall be on file in the office of the Town
Clerk.
A.
Any person who shall use, allow, let or permit to be
used property for the assembly of persons in excess of 500 or shall use, allow,
let or permit to be used property for any part or portion of such assembly,
which total assembly in the aggregate is in excess of 500 persons, or any
person who shall cause the gathering, collecting or congregating of persons
in excess of 500 at any place within the Town without first obtaining a written
permit in accordance with the provisions of this chapter shall be deemed to
have violated this chapter and shall be liable for the penalties provided.
Any person who commits or permits any act in violation of any provisions of
this chapter shall be deemed to have violated this chapter and shall be liable
for the penalties provided. Each day's continued violation shall constitute
a separate violation.
B.
For each violation of the provisions of this chapter,
the person violating the same shall be subject to a fine of not more than
$250 or imprisonment not to exceed 15 days, or to both such fine and imprisonment.[1]
C.
In addition to the above-provided penalties, the Town
Board may 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 such chapter.
