[HISTORY: Adopted by the Town Board of the
Town of New Windsor 8-30-1929 (Ch. 4 of the 1972 Code); amended in its entirety at time
of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent
amendments noted where applicable.]
The purpose of this chapter is to protect public
health, welfare, safety, peace and tranquility by regulating amusements
and forms of entertainment within the Town of New Windsor (the "Town"),
including, among other things, the operation of circuses, carnivals,
athletic events, and racetracks. This chapter is enacted in the interests
of the inhabitants of the Town so as to protect the life and property
of persons in the vicinity of such events, to prevent unreasonable
loud noises, dust and dirt sometimes produced by such events, which
could be detrimental to the peace, welfare and good order of the people
of the Town, and to prevent the disturbance of the peace and quiet
of the Town from the operation of such events.
As used in this chapter, the following terms
shall have the meanings indicated:
A Town of New Windsor employee holding the position of Building
Inspector, Assistant Building Inspector, Zoning Inspector, Assistant
Zoning Inspector, Fire Inspector, or Assistant Fire Inspector.
[Amended 6-3-2009 by L.L. No. 4-2009]
A.
Any person, firm or corporation who or which wishes
to conduct or sponsor any circus, carnival, musical or theatrical
performance, auto or motorcycle race or races, show, athletic event,
public exhibition or performance or other form of outdoor public amusement
within the Town shall first obtain a permit from the Town, as herein
provided.
A.
The amount of the fee for a permit is listed in the
Schedule of Fees[1] for one day's performance. However, the Town Clerk, with consent of the Town Board, may, upon application by any not-for-profit organization, charitable organization or educational organization not otherwise exempted in § 92-3 hereof, waive the fee as required in § 92-6H and/or waive the liability insurance policy as required in § 92-6E herein.
B.
Such permit may not be sold, assigned, transferred
or otherwise disposed of.
C.
Such permit may be revoked by the Town Board after
a hearing thereon at which the permittee shall have an opportunity
to be heard.
Any form of activity mentioned in § 92-3 hereinbefore which shall be conducted in an outdoor area shall not commence prior to nor be closed and terminated at a time later than times approved by the Town Board in approving such permit.
A.
The person, firm or corporation who or which will
promote the event shall file with the Town Clerk an application at
least one month prior to the date on which the event shall occur,
except that any activities regulated hereunder that have obtained
at least one permit from the Town pursuant to this chapter during
the year prior shall file any future applications hereunder at least
one week prior to the date on which such event shall occur. The application
shall identify the area and location of such event, the name and address
of the person or persons holding or promoting the same, the date or
dates thereof and such other information relating thereto as the Town
Supervisor may require. In such application, the applicant must agree
to indemnify and save the Town, its officers, agents and employees
harmless from any liability imposed upon the Town, its officers, agents
and/or employees arising from the negligence, active or passive, of
the applicant, as well as to reimburse the Town for any and all damage
to any Town property arising from the negligence, active or passive,
of the applicant or his/her agents or of anyone employed directly
or indirectly by the applicant relating to the sponsored event.
B.
Such application shall be further accompanied by such
additional plans, reports, specifications and other matter as may
be required by the Town Supervisor respecting the provisions of water
supply and sewage facilities, drainage, refuse storage and disposal
facilities, food service, medical facilities, supervision of crowds,
and fire protection.
C.
Such application shall be accompanied by a permit
as may be required, issued by the appropriate permit-issuing official,
pursuant to the provisions of the State Sanitary Code and shall be
further accompanied by copies of all plans, reports and specifications
required in the issuance of said permit pursuant to the State Sanitary
Code.
D.
Such application shall further be accompanied by a
copy of the performance bond filed pursuant to the State Sanitary
Code.
E.
Such application shall be further accompanied by a
comprehensive liability insurance policy insuring the Town against
liability for damage to person or property with limits of not less
than $2,000,000/$3,000,000 for bodily injury or death and limits of
not less than $2,000,000 for property damage, to save the Town harmless
from any and all liability or cause of action which might arise by
reason of the granting of the permit, which policy shall not be cancelable
without 10 days' prior written notice to the Town and which shall
be in effect during the entire period of the event. Failure to keep
such policy in effect will result in automatic revocation of the permit
without hearing.
F.
Such application shall be further accompanied by a
statement of financial resources, prepared by a certified public accountant,
showing finances sufficient to execute the plans as submitted.
H.
Each application shall be accompanied by an annual
fee in the amount as prescribed in the Schedule of Fees[2] payable at the time of its submission. Such fee will relate
to and include all similar activities which may be conducted by the
applicant at that same location during that calendar year. Such fee
shall be compensation to the Town for its examination and processing
of such application and shall not be refundable in whole or in part.
A determination granting or denying the requested
permit shall be made within two weeks after the initial application
therefor and within two days after subsequent permit applications.
No permit shall be granted unless the applicant complies with all
requirements of this chapter. Grant of the permit by the Town Board
may require as a condition of said permit that:
A.
The applicant will engage an appropriate number of
law enforcement officers to ensure compliance by patrons, both on
and off the premises where the event is being conducted, with all
applicable state and local laws. Any cost(s) associated with the presence
of law enforcement officers will be borne by the applicant. Law enforcement
will be conducted exclusively by the Town of New Windsor Police Department
unless determined otherwise by the Town Supervisor.
[Amended 6-3-2009 by L.L. No. 4-2009]
B.
The permittee shall not at any time allow the operation
of the event for which the permit is granted to be conducted in such
a manner as to allow the creation and dispensing to the adjoining
areas of the Town either of noxious odors, fumes, smoke or dust through
the air or of mud tracked or trailed on the surface of the ground
of such density or concentration as to be detrimental to the health,
peace, welfare and good order of the people of the Town or as to hurt,
destroy or deface the property of the inhabitants of the Town. If
any event is being conducted at any time when the ground or surface
of the place where the event is to be conducted or of the approaches
thereto is so dry as to cause dirt or dust to be stirred up, either
by vehicles transporting spectators to or from the event or by the
event itself, and to be blown or to drift to adjacent areas, the permittee
shall sprinkle the area and its approaches with water or another substance
so as to settle such dust or dirt.
C.
The permit
application requirements or conditions of approval may be waived at
the discretion of the Town Supervisor in the interest of justice or
as conditions require.
[Added 6-3-2009 by L.L. No. 4-2009]
A.
A person, firm or corporation to whom or to which
any permit is issued shall comply with the provisions of this chapter
and with all conditions stated in the permit and shall allow the Code
Enforcement Officer and/or police officer to enter the premises at
any reasonable time to ascertain compliance with this chapter.
B.
This chapter may be enforced by the Police Department
and/or the Code Enforcement Officer of the Town of New Windsor.
A.
Any person who conducts any event regulated hereunder
or who shall promote or advertise such event without first obtaining
a written permit in accordance with the provisions of this chapter
shall be deemed to have violated this chapter. Any person who commits
or permits any act in violation of any provisions of this chapter
shall be deemed to have committed a misdemeanor and shall be liable
for the penalties provided.
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 $1,000 or imprisonment not to exceed one year, or both.
C.
In addition to the above-provided penalties, the Town
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 this chapter.
The provisions of this chapter shall be in addition to and not in lieu of nor construed to be in conflict with the provisions contained in § 225 of the Public Health Law or §§ 7-1.40 through 7-1.44 of Chapter 1 of the New York State Sanitary Code, as amended.
