[HISTORY: Adopted by the Town Board of the Town of Red Hook 9-5-2006
by L.L. No. 5-2006.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 44, Public
Assemblies, adopted 4-9-1991 by L.L. No. 1-1991.
The Town Board of the Town of Red Hook declares its intent to control
unusually large gatherings of persons which, if not regulated, would be detrimental
to the life, health, welfare and good order of the people of the Town of Red
Hook and to give the Town the ability to provide for sanitary facilities,
refuse disposal, medical care and other essential services. By this enactment,
the Town Board intends to promote the health, safety, moral and general welfare
of the people of the Town of Red Hook and the exercise of its police powers.
As used in this chapter, the following terms shall have the meanings
indicated:
Any assemblage or gathering of more than 1,000 persons on any parcel
or parcels of property within the Town, or any assemblage or gathering of
more than 500 persons on any parcel or parcels of property within the Town
which continues or can be reasonably expected to continue for more than eight
consecutive hours. A large assembly does not include an assembly of persons
at a location with permanent facilities designed for that specific assembly.
The person, group, corporation, partnership, or other entity who
conducts, stages or is the sponsor of a large assembly, and the owner, lessee
or possessor of the real property upon which the large assembly is to take
place.
A written form of authorization in accordance with these regulations.
Includes tents, trailers, chemical or other toilet facilities, and
other nonpermanent structures customarily erected or sited for temporary use.
No large assembly, as defined above, on public or private property within
the Town shall be permitted unless a permit shall have been obtained from
the Town Board of the Town of Red Hook before the time of holding of said
large assembly. Application for said permit shall be accompanied by an application
fee as set forth in the Town of Red Hook Fee Schedule, shall be submitted
to the Town Clerk, and shall clearly set forth the following:
A.
Name and address of the organizer and the record owner
of the subject property or properties on which the large assembly is to be
held, and the nature of the interest of the applicant therein.
B.
The nature of the activities to be carried on and the
admission fee to be charged, if any.
C.
A map or description identifying the location of the
large assembly, and identifying the parcel(s) by section, block and lot number
or tax grid number.
D.
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 existing building(s) or structure(s) or proposed temporary
structure(s), including tents and canopies to be erected for the purpose of
the assembly.
E.
The date(s) and hours of the large assembly.
F.
Estimated attendance at the large assembly.
G.
The expected number of automobiles and other vehicles
intended to use the property during the large assembly.
H.
A scale plan or drawing showing the layout of any parking
area(s) for automobiles and other vehicles, and the means of ingress and egress
to said parking area(s). Such parking area(s) shall provide one parking space
for every four persons in attendance.
I.
A sketch and other detailed information showing the type,
number, location, and providers of all toilets, washing facilities, water
supply, food preparation, food service facilities, and solid waste collection
locations.
J.
If a person or persons other than the organizer will
be engaged in the sale and distribution of food and beverages, the name(s)
and address(s) of such person(s) shall be submitted, if known.
K.
A medical services plan specifying the number and qualifications
of first aid station personnel and other medical facilities to be available
for emergency treatment of any persons that might require immediate medical
or nursing attention.
L.
A public safety plan, including the precautions to be
utilized for fire protection and a map specifying the location of fire lanes
and water supply for fire control; accessibility of fire and emergency equipment
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.
M.
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 the same.
N.
A statement that no soot, cinders, smoke, noxious acids,
fumes, gases or unusual odors shall be permitted to unreasonably emanate beyond
the property line where the large assembly is to be held.
O.
A statement that no excessive or unusually loud sound
which disturbs, injures or endangers the comfort, health, peace or safety
of a reasonable person of normal sensibilities shall be permitted to be made
or caused to be made or continued so as to be unreasonably audible beyond
the property line of the site, including any proposed temporary decibel limits
in excess of the Town's zoning code limits.[1]
P.
Demonstration that the large assembly will not materially
alter the capability, in the future, to use the property upon which the large
assembly is to be held for uses designated under the property's zoning
district.
Q.
A site cleanup plan and schedule for cleanup after the
large assembly.
R.
Specify whether any firearms or other weapons are to
be carded or displayed and, if so, the type of the same and evidence of all
required permits.
S.
A list of names and addresses of all local, state and
federal authorities with jurisdiction over the event, together with evidence
of compliance with all applicable regulations and approvals.
T.
A contact person who shall be easily identified and who
shall remain at the large assembly at all times.
U.
Such information as may be required in order to comply
with the State Environmental Quality Review Act.
V.
Such other appropriate information as the Town Board
may require in order to ensure compliance with the provisions of this chapter
and the regulations of all applicable public authorities, and for the general
protection of the health, safety, and welfare of the persons and property
in the Town.
If deemed appropriate to its decisionmaking process, the Town Board
may require a public hearing on the application for a large assembly. If a
public hearing is required, the Town Board shall publish notice of the public
hearing at least 10 calendar days before the hearing in a newspaper of general
circulation in the Town. The Town Board shall send notice of the application
to all public entities with jurisdiction to approve or issue permits for the
large assembly, as identified in the completed application, at least 10 calendar
days prior to the public hearing. Each public authority may make recommendations
related to the official functions of the public authority as to granting the
permit and any recommended conditions that should be imposed. The Town Board
shall consider and may impose any reasonable conditions submitted by public
authorities and the public.
The Town Board, in the issuance of a permit, shall have the right to
specify conditions for the issuance of said permit, which conditions may apply
with regard to any or all of the above provisions of the application. The
Town Board may issue a preliminary approval for a permit to be issued by the
Code Enforcement Officer upon satisfaction of the conditions set forth therein.
In addition, the following specific conditions shall apply:
A.
No permit shall be issued unless the organizer shall
furnish the Town Board with written authorization to permit the Town and its
lawful agents, law enforcement personnel, public health and fire control officers
to go upon the subject property for the purpose of inspecting the same, protecting
persons and property from damage, and providing adequate police or fire protection.
B.
No permit shall be issued unless the organizer shall
furnish the Town Board with a comprehensive liability insurance policy, issued
by a company duly licensed for the State of New York, insuring the organizer
against liability for damage to persons or property with limits of not less
than $1,000,000 for bodily injury or death and limits of not less than $1,000,000
for property damage, or such greater limits as shall be reasonably required
by the Town Board, which said policy shall name the Town as an additional
insured and shall be noncancelable without prior written notice to the Town.
The organizer shall furnish the Town Board with an insurance certificate and
a copy of the insurance policy.
C.
The use of amplification shall be regulated so that it
will not interfere with the normal use of any school, church, residence or
other permanent place or residence between the hours of 12:00 midnight and
9:00 a.m. and in all other areas between the hours of 2:00 a.m. and 9:00 a.m.
D.
No organizer, landowner nor any person having charge
or control thereof at any time when a large assembly is being conducted shall
permit any person to bring into such large assembly, or upon the premises
thereof, any alcoholic beverage to be sold or dispensed on the premises without
a temporary license issued by the state.
E.
No organizer, landowner or any person having charge or
control thereof at any time when a large assembly is being conducted shall
permit any person to bring into such large assembly, or upon the premises
thereof, any illegal drug, nor permit illegal drugs to be used on the premises.
F.
The Town Board shall be authorized to request a bond
to be posted to ensure compliance with any conditions that may be specified.
G.
The Town Board may require the organizer to reimburse
the Town for such police protection as may be deemed reasonably 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. However,
the organizer shall not be required to reimburse the Town in excess of the
actual cost paid by the Town for such police protection.
H.
The Town Board may issue a permit upon such other conditions
as the Town Board may reasonably impose to ensure 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 Board 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 Town Board shall approve, approve with modifications, or
deny an application for a large assembly within 30 days following the submission
of a complete application, or within 30 days following the close of the public
hearing if one is required.
B.
If a permit is granted by the Town Board, such permit
shall set forth the maximum number of persons to be permitted to assemble
at any one time. The Town Board, 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. In the case of entertainment, the applicant shall limit
all ticket sales for each performance or series of performances for which
admission will be granted to such maximum number and shall include such limitations
in all advertising.
C.
Each permit shall expire at the end of the calendar year
in which it is issued or such earlier date as may be specified in the permit.
D.
The permit for a large assembly may be voided by the
Town Board if the organizer fails to meet the conditions set forth within
the permit.
E.
Additional building permits may be required for any new
structures, including tents, canopies, stages, electrical work, etc. in conformance
with the NYS Uniform Fire Prevention and Building Code.
Any person committing an offense against any provision of this chapter
shall, upon conviction thereof, be guilty of a violation pursuant to the Penal
Law of the State of New York, punishable by a fine not exceeding $350 or by
imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.
The continuation of an offense against the provisions of this chapter shall
constitute, for each day the offense is continued, a separate and distinct
offense hereunder.
The Town Board may enforce compliance with the provisions of this chapter
by applying to the appropriate court for injunctive relief.
