[HISTORY: Adopted by the Town Board of the Town of Milan 1-27-1971 as L.L. No. 1-1971. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 147.
Solid waste — See Ch. 171.
Fees — See Ch. A208.
[Amended 6-15-2020 by L.L. No. 2-2020; 7-20-2020 by L.L. No. 4-2020]
No person, group of persons, partnership, association or corporation, organization, landowner, lessee or any combination thereof shall maintain, conduct, promote or operate on any private lands or premises within the unincorporated area of the Town of Milan, other than in established theaters, auditoriums or other places licensed or permitted for public occupancy, as limited by law, any use thereof for the purpose of any outdoor public musical entertainment, amusement or assembly, including, but not limited to, pop festivals, rock music festivals, rock festivals, jazz festivals, rock and roll music festivals or such other combination thereof which is to or shall reasonably attract 100 or more persons, except pursuant to a special permit issued therefor by the Town Board of the Town of Milan as hereinafter provided. Nothing contained herein shall apply to lands within the Town of Milan owned by New York State, Dutchess County, or the Town of Milan.
A. 
Written application for a special permit for such outdoor public musical entertainment, amusement or assembly shall be made to the Town Board of the Town of Milan and must be submitted in seven copies to the Milan Town Clerk 90 days or more prior to the first day upon which such outdoor public musical entertainment, amusement or assembly is to be held.
B. 
Determination granting or denying permits, as herein provided for, shall be made within 60 days after application therefor.
C. 
No permits shall be granted unless the applicant complies with all requirements of this chapter.
D. 
The fee for such permit to meet the cost of administering the same shall be established from time to time by resolution of the Town Board,[1] which shall be submitted with the application.[2]
[1]
Editor's Note: See Ch. A208, Fees.
[2]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
E. 
Denial of the permit by the Town Board of the Town of Milan shall be in writing.
F. 
Permits shall not be granted for outdoor entertainment in any district in the Town of Milan, except the HB District.
[Added 6-15-2020 by L.L. No. 2-2020; amended 7-20-2020 by L.L. No. 4-2020]
Application for such permit shall be by verified petition addressed to the Milan Town Board and shall be filed in compliance with the provisions of § 115-2 of this chapter. Such application shall include the following material:
A. 
A certificate from the Dutchess County Department of Health to the effect that sanitation facilities to be provided for such assembly or gathering are adequate to accommodate the needs of the persons to be assembled and attending the public musical entertainment, amusement or assembly.
B. 
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 directors, officers and stockholders owning 5% or more of the number of shares outstanding of each class of stock; if the applicant is a partnership or other organized group of individuals, the names, addresses and ages of each and every individual associated with the partnership or other entity.
C. 
A statement containing the name and address of the owner of the property upon which the event is to occur and the nature and interest of the applicant therein; the proposed dates and hours of such event; the expected maximum number of persons intended to use the property at one time and collectively; the expected number of automobiles and other vehicles intended to use the property at one time and collectively; the purpose of the function, including the nature of the activities to be carried on and the admission fees to be charged, if any; and the names and addresses of all concessionaires and other persons providing any services or facilities under contract lease or other arrangement for the event.
D. 
An occupational survey map prepared by a professional engineer licensed by the State of New York showing the size of the property, the names of the record owners of the adjoining properties; the streets or highways abutting said property; the size and location of any existing building, buildings or other structures or facilities to be erected thereon for the purpose of the assembly; the placement of the proposed distribution system of water; the location of any parking areas for automobiles and other vehicles and the means of ingress and egress to such parking area; all service and other roads serving the camping area, food services, toilet facilities, garbage and refuse collection facilities and entertainment and performance areas.
E. 
A detailed plan and statement with drawings showing the methods to be used for the disposal of sanitary sewage.
F. 
A detailed plan and statement with drawings showing the distribution and supply system for supply, storage, treatment and distribution of drinking water.
G. 
A detailed plan and statement with drawings showing the layout of any parking area for automobiles and other vehicles and the methods of traffic control to be used thereon. Such parking area shall provide parking space of acceptable size for one motor vehicle for every four persons in attendance.
H. 
A detailed plan and statement with drawings showing the facilities for the preparation, storage, sale and distribution of food and the means of servicing such area. Such plan shall also detail the method and means of disposing of any garbage, trash, rubbish and other refuse.
I. 
A detailed plan and statement fully describing any private security personnel who will be engaged by the applicant to serve on or about the site during the event and the qualifications and source of such personnel.
J. 
A detailed plan and statement providing for fire protection specifying the location or fire lanes, water supply and equipment or apparatus to be available for such purposes.
K. 
A detailed plan and statement specifying the facilities to be available for medical, surgical, nursing and ambulance service. Applicant must furnish to the Milan Town Board the addresses of all doctors, nurses, pharmacists and ambulance services that the applicant will provide for the event, prior to issuance of a permit.
L. 
A detailed description of all insurance policies and surety bonds to be provided by the applicant for the protection of the general public, the Town of Milan and its various public bodies, officers and employees. Certificates of such insurance and bonds shall be submitted to the Milan Town Board at least 15 days prior to the commencement date of the event.
M. 
A subscribed authorization from the landowner and the applicant to the Town of Milan and the County of Dutchess to permit the Town and County and their lawful agents to go upon the property for the purpose of inspecting the same to determine if there is compliance with the requirements of this chapter and the permit, if granted; providing adequate police and fire protection; and protecting persons and property from danger.
N. 
A statement subscribed by the applicant that the applicant will specify in all advertising and promotional endeavors the limitation on the number of tickets to be sold or otherwise issued as specified in the permit and that the applicant will neither sell nor otherwise issue tickets at the site while the event is in progress.
A. 
No permit shall be issued unless the applicant shall furnish to the Town of Milan a comprehensive liability insurance policy insuring the Town against liability for damage to persons or property, with limits of not less than five hundred thousand dollars/one million dollars ($500,000./$1,000,000.) for bodily injury or death and limits of not less than $500,000 for property damage, sufficient in form to insure, indemnify and save the Town harmless from any liability or causes of action which might arise by reason of granting of the permit and noncancelable without 10 days' prior written notice to the Town.
B. 
No permit shall be issued unless the applicant shall deposit with the Clerk of the Town of Milan cash or good surety company bond, approved by the County of Dutchess, in such sum not less than $100,000, as the Town Board may reasonably require, and conditioned that all requirements of the permit will be fully performed by the applicant; 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 by reason of the granting of the permit, which cash shall be refunded or surety company bond canceled upon certification by the Milan Town Board that all conditions of this chapter have been complied with. Such surety bond or cash shall serve as an indemnity to save and protect the streets, pavements, bridges, road signs and other property of the Town of Milan and the County of Dutchess and any other Town and Village within the County, from any and all damage that may be caused by vehicles, employees or participants in such event and to be used, if necessary; to restore the ground where such event is held to a sanitary condition; and pay all charges and losses to the Town of Milan and the County of Dutchess and its respective towns and villages for damages to streets, pavements, bridges and other property.
The permit shall not be granted if any of the items set forth in said application are determined by the Town Board to be insufficient to properly safeguard the safety, health, welfare and well-being of persons or property or do not comply with any of the requirements of this chapter.
Any permit issued pursuant to this chapter may be immediately suspended or revoked within the sole discretion of the Milan Town Board in the event that any of the provisions of this chapter, requirements of the Dutchess County Health Department or conditions of the permit are not complied with or adhered to.
Any person who shall violate any provisions of this chapter shall be deemed to have committed an offense punishable by a fine not to exceed $500 or 60 days in jail, or both. Each day upon which any such violation shall exist or continue shall constitute a separate offense.