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:
MASS GATHERING
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]
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. There will be complete removal of refuse and complete cleanup
of the area and location within 72 hours following the mass gathering.
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]
A. Fees for permits shall be $150 per event.
B. The fee shall be returned by the Town if such permit
is not issued; engineering fees will not be reimbursed if the application
is denied.
[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.)