[HISTORY: Adopted by the Town Board of the
Town of Ballston 11-4-1999 by L.L. No. 5-1999. Amendments noted where
applicable.]
The purpose of this chapter is to protect the
public health, welfare, safety, peace and tranquility of the Town
of Ballston by regulating mass gatherings within the Town of Ballston.
For the purposes of this chapter, the following
terms shall have the meanings indicated:
Any assemblage or gathering of people with or without the
levy of an admission fee; however, such term "mass gathering" shall
not include any activity having less than 2,000 people in attendance,
nor shall the term apply to the operations, activities or affairs
of any duly established municipal, educational, historical, fire-fighting,
religious organization or institution located in the Town of Ballston
nor to any political party qualified for a line on the ballot in a
general election nor to any bona fide family event. "Mass gathering"
shall not include parades.
[Amended 11-8-2012 by L.L. No. 4-2012]
A.
No person, firm, corporation or company shall hold
or promote, by advertising or otherwise, a mass gathering when more
than 2,000 people are expected to attend, unless a permit shall have
been issued therefor by the Town Planning Board of the Town of Ballston.
When it is expected that more than 2,000 people will attend the gathering,
or when it is expected that there will be over 750 motor vehicles
parked on site or on remote sites, a special use permit will be required
from the Town of Ballston Planning Board. No permit shall be issued
until all engineering expenses incurred by the Planning Board have
been paid by the applicant.
[Amended 11-8-2012 by L.L. No. 4-2012]
B.
An application for a permit under this section shall
be submitted to the Town Planning Board no less than 120 days prior
to the proposed activity. The applicant shall supply seven physical
copies and one electronic copy,* in PDF format of the application.
A permit under this section may be issued by the Town Planning Board
upon the written application by the person or entity that will promote
or hold the mass gathering. An applicant should consider the Planning
Board’s meeting schedule when submitting an application and
apply at least 30 days before an applicant wishes to have an application
considered.
*Please note USB drive containing PDF copies of all submission
documents must be included with your submission, even if you have
emailed PDF documents and/or a link to PDF documents; each document
must be a separate file.
[Amended 11-8-2012 by L.L. No. 4-2012; 5-14-2024 by L.L. No. 3-2024]
(1)
The exact location of the mass gathering.
(2)
The name and address of the person or persons holding
or promoting the mass gathering.
(3)
The date or dates and the hours of the proposed mass
gathering.
(4)
The name and address of the owner or owners of the
property or properties where the mass gathering will occur.
(5)
The nature of the interest of the applicant in the
property or properties.
(6)
The expected number of people in attendance.
(7)
The expected number of vehicles intended to use the
property or properties at one time and collectively.
(8)
The admission fee to be charged.
(9)
The purpose of the mass gathering, including the nature
of the activities to be carried on.
(10)
A statement specifying the location of either wells
or other sources of potable water for use and consumption during the
event and a laboratory report by a qualified laboratory as to the
content of the water samples drawn from these water sources indicating
that water intended for human consumption is free of contaminant and
bacteria, all within any time limit from date of the event as may
be specified from time to time by the New York State Board of Health.
(11)
A statement containing the type, number and location
of any radio device, sound amplifier, loudspeaker, sound track or
other similar sound equipment.
(12)
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.
(13)
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.
(14)
A statement specifying the facilities to be available
for emergency treatment of any person who might require immediate
medical or nursing attention.
C.
Each application shall be further accompanied by such
additional plans, reports, specifications and other material as may
be required by the Town Planning Board by regulation, respecting the
proposed provisions for adequate parking, adequate traffic control,
adequate crowd control, adequate sanitation facilities, adequate medical
and first-aid facilities, adequate potable water supply, adequate
fire protection, adequate drainage, adequate food services and adequate
refuse, storage and disposal facilities and adequate plans for cleanup.
[Amended 11-8-2012 by L.L. No. 4-2012]
D.
Each applicant shall submit a plan or drawing of sufficient
detail showing the method and manner in which:
(1)
Sanitary facilities are to be provided for the disposal
of human wastes.
(2)
Water will be supplied, stored and distributed to
those persons attending. [See § 81-3A(10) regarding lab
certification of purity and potability].
(3)
The layout of any parking area for motor vehicles,
including the means of egress from and ingress to such parking areas,
with such plan to reflect the best and safest means of traffic control
and safety for persons attending and the general public.
(4)
A site plan submitted and approved within two years of when a subsequent
mass gathering is proposed may be reused for future mass gatherings,
when an application for a permit or special use permit is required,
provided that there are no modifications to the previously described
site plan. Reuse of a site plan does not eliminate the need to apply
to the Town Planning Board for a mass gathering permit or special
use permit for mass gatherings held in subsequent years.
[Added 11-8-2012 by L.L. No. 4-2012]
E.
Each applicant shall submit a statement specifying
whether food or beverage is intended to be prepared, sold and distributed.
If food or beverages are intended to be prepared, sold or distributed,
each applicant shall submit a statement specifying the manner of preparation
and distribution of such and the method of disposing of garbage, trash,
rubbish or any other refuse arising therefrom.
F.
Each applicant for a permit shall submit proof of
an adequate comprehensive liability insurance policy, issued by an
insurance company, insuring the Town of Ballston, its officers and
employees from liability to persons or property with limits of not
more than $1,000,000 and naming the Town of Ballston, its officers
and employees as being coinsured persons or as additional insured
parties. Such policy shall not be cancelable by the insurer without
10 days' prior written notice to the Town of Ballston.
G.
Each applicant shall deposit with the Town Clerk cash
or good surety company bond, approved by the Town Board, to the maximum
of $100,000 and conditioned that no damage will be done to any public
or private property and that the applicant will not permit any litter,
debris or other refuse to remain upon any public or private property
after 72 hours after the termination date of the permit, which cash
shall be refunded or surety company bond cancelled upon certification
to the Town Board by the Town Code Enforcement Officer that all conditions
of this chapter have been complied with.
H.
If the applicant is a corporation, the name of the
corporation and the names and addresses of its directors shall be
set forth. Furthermore, if the applicant resides outside the County
of Saratoga, the applicant shall set forth the name and address of
an agent, who shall be a natural person, who shall reside in or have
a place of business in the County of Saratoga and who shall be authorized
to and shall agree by an acknowledged statement to accept notice or
summons issued with respect to the application, the conduct of the
mass gathering and any matter involving it arising out of the application,
construction or enforcement of this chapter.
I.
A separate permit is required for each such event.
J.
If the Town Planning Board of the Town of Ballston
shall decide, upon a showing of good cause, that certain conditions
or requirements as hereinbefore set forth shall not be applicable
to a particular set of circumstances, then the Planning Board may
modify the foregoing requirements on a case-by-case basis. Also, in
a unique situation where, in the discretion of the Town Planning Board,
it appears that different conditions may be necessary to maintain
peace and order or to protect neighboring properties, then such additional
or substitute conditions may be imposed by the Planning Board.
[Amended 11-8-2012 by L.L. No. 4-2012]
Any person or organization holding a permit
under this chapter and every place of public assemblage shall comply
with the following provisions, the violation of which shall be unlawful:
A.
No mass gathering authorized pursuant to the provisions
of this chapter shall extend or be conducted beyond 12:00 midnight
of any day, nor shall any authorized mass gathering commence activity
on any day prior to 9:00 a.m.
B.
No mass gathering herein shall extend for a period
in excess of five consecutive days.
C.
All vehicular parking shall be contiguous to the activity
sponsored by the applicant.
D.
No light on any part of the premises licensed hereunder
or on any place of public assemblage shall be permitted to shine beyond
the property line of the premises with an intensity sufficient to
disturb the peace, health, safety or comfort of any adjacent residents
or the general public. All exterior lights on the property shall be
so situated or equipped with shielding devices that no unreasonable
flow shall shine beyond the property line of the mass gathering.
E.
No soot, cinders, smoke, fumes, gases or disagreeable
or unusual odors shall be permitted to emanate from the premises so
as to be detrimental to any person or to the public or which either
annoys, disturbs, injures, endangers or which may disturb, injure
or endanger the health, safety and welfare of any person or the public.
F.
[1]There will be complete removal of refuse and complete cleanup
of the area and location within 72 hours following the mass gathering.
[1]
Editor's Note: Former Subsections F and G, regarding restrictions
on music and live performances and loud, unnecessary or unusual abusive
or profane language, which immediately preceded this subsection, were
repealed 11-8-2012 by L.L. No. 4-2012. This local law also redesignated
former Subsection H as Subsection F.
Any permit granted hereunder may be revoked
by the Town Board of the Town of Ballston if it finds that the mass
gathering for which a permit was issued is maintained, operated or
occupied in violation of this chapter or the Sanitary Code of the
State of New York or of the health district in which such mass gathering
takes place.
[Amended 11-8-2012 by L.L. No. 4-2012]
If the Town Planning Board of the Town of Ballston
shall deny an application for a permit under this chapter, the Town
Clerk of the Town of Ballston shall notify the applicant in writing
of the disapproval and shall include therein the reasons for such
disapproval.
[Amended 11-8-2012 by L.L. No. 4-2012]
No permit issued by the Town Planning Board
shall be transferred or assigned to any person or used by any person
other than the person to whom it was issued, nor shall such permit
be used at any other time or on any location other than the date and
location stated in the permit application.
[Amended 11-8-2012 by L.L. No. 4-2012]
[Amended 11-8-2012 by L.L. No. 4-2012]
A.
A failure to comply with the provisions of this chapter
shall be deemed a violation and the violator shall be liable to a
fine of not more than $5,000 for each such violation or a violator
may be subject to imprisonment for a period not exceeding 60 days,
or both.
B.
In addition to the above-provided penalties, the Code Enforcement Officer (Town Board) may maintain any action or proceeding in the name of the Town of Ballston in any court of competent jurisdiction to compel compliance with or restrain by injunction any violation of this chapter and may revoke any permit issued upon finding a violation. Fines and revocation are designed to ensure the mass gathering is safe and will not adversely impact the attendees of a mass gathering or Town residents. (See § 81-5 above.)
