This chapter shall be known and cited as the "Public Assemblage Law
of the Town of Clifton Park."
This chapter is enacted for the purpose of protecting, preserving and
assuring the health, welfare, safety and morals of the residents and inhabitants
of the Town of Clifton Park and sojourners therein, as well as preventing
riots, disorderly crowds and/or assemblages therein, and preventing unsafe,
unsanitary or other conditions leading to, creating, causing, inciting or
making possible a threat to the health, welfare and safety of the town and
its orderly administration and control by duly elected, acting or authorized
officers, agents and/or employees; preventing the spread of disease, the creation
of unhealthy conditions and the violation of sanitary requirements; eliminating
excessive crowds, traffic congestion and/or other such hazards to the public
safety and welfare; and preserving the peace in said town, its residents,
inhabitants and property owners, both public and private, and sojourners therein,
together with protecting public property in said town, and the general health,
welfare, safety and morals of the towns surrounding, adjacent or near to the
Town of Clifton Park, in the County of Saratoga, and state, county and town
roads and/or highways leading thereto and therefrom.
As used in this chapter, the following terms shall have the meanings
indicated:
PUBLIC ASSEMBLAGE
Any gathering of people at a carnival, circus, music festival, concert,
sporting or recreational event, or other festival or public amusement for
which an admission charge is required, or in connection with which a charge
is made for the use of or enjoyment of any parcel of land or participation
in any facility thereon or activity thereat or therein, except as otherwise
sponsored or licensed by the Town of Clifton Park, or any gathering of more
than 1,000 persons.
No person, firm, corporation (public or private) or company may sponsor,
conduct, operate or allow or permit the use of his property or premises, whether
improved or not and whether contiguous or not, for the conduct of a public
assemblage unless a permit authorizing said assemblage has been obtained from
the Town Board, except as hereinafter provided.
The following are additional requirements for detailed permit applications:
A. A map prepared by a licensed land surveyor or licensed
public engineer showing the size of the property(ies); the zoning district
in which it is located; the names and record owners of the adjoining properties;
the streets or highways abutting said property(ies); and the size and location
of any existing building, and buildings or structures to be erected for the
purpose of the public assemblage and use.
B. A plan or drawing to scale prepared by a licensed public
engineer or licensed land surveyor showing the method and manner in which
sanitary facilities are to be provided for the disposal of human waste, garbage
and other debris and the method and manner in which water will be supplied,
stored and distributed to those people attending.
C. A plan drawn to scale showing the layout of any parking
area for motor vehicles, including the means of ingress and egress to such
parking area.
D. A statement containing the type, number and location
of any radio device, sound amplifier, loudspeaker or sound track, or other
similar sound equipment or device to be used in connection with such public
assemblage, and the manner and purpose of its proposed use.
E. A statement specifying whether food or beverages are
intended to be prepared, served or distributed. If food or beverages are intended
to be prepared, sold or distributed, a statement specifying the method of
preparation and distribution of such food or beverages and the method of disposing
of garbage, trash, rubbish or any other refuse arising therefrom. If food
or beverages are to be prepared, sold or distributed, a plan or drawing to
scale must be attached to the application showing the buildings or other structures
from which the food or beverages shall be prepared, sold or distributed.
F. A statement specifying whether any private security guards
or police will be engaged and, if so, the numbers of and duties to be performed
by such persons, including the hours to be worked and areas of responsibility.
G. A statement specifying the precautions to be utilized
for fire protection, including a plan or drawing to scale specifying the location
of fire lanes and water supply for fire control.
H. 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.
I. A statement specifying the facilities to be available
for emergency treatment of any person who may require medical or nursing attention.
J. A statement specifying whether any camping or housing
facilities are to be available and, if so, a plan drawn to scale showing the
intended number and location of the same.
K. A statement specifying the contemplated duration of the
public assemblage.
L. If the assemblage and use is to continue from one day
into another, a statement specifying the camping and housing facilities available
or to be made available on the premises and, if such facilities available
on the premises are insufficient for camping and housing the contemplated
number of people in attendance, such facilities available off the premises
or to be made available to persons attending such public assemblage.
No permit requiring a public hearing shall be acted upon and issued
unless it is clearly shown that the following are provided for:
A. Drinking water adequate in quantity and quality satisfactory
to the Town Board as meeting the State Sanitary Code. Drinking water shall
be readily available to all persons attending the public assemblage. A well
or spring used as a source of drinking water and the structure used for storage
of drinking water shall be so constructed and located as to protect the contents
against pollution. There shall be no physical connection between a pipe carrying
drinking water and a pipe carrying water not of a quality satisfactory to
meet the State Sanitary Code for public consumption. Where a water treatment
process is employed, an accurate and complete report of the process and operation
thereof shall be maintained daily, and no change of the source of nor in the
method of treatment of a drinking water supply shall be made without first
notifying the Town Board and securing its written approval to do so.
B. Toilet facilities adequate for the capacity of the public
assemblage. These facilities shall be so located as to be conveniently available
and shall be so constructed and maintained that they will satisfy the Town
Board and comply with the State Sanitary Code. Toilet facilities for groups
of people consisting of both sexes shall be so arranged that the facilities
shall be separate for each sex. Every sanitary facility shall be so located
or constructed that it will not, by leakage or seepage, possibly pollute a
water supply, surface water or adjacent ground surface and shall be constructed
in accordance with the requirements of the State Department of Health.
C. Adequate facilities for the satisfactory disposal or
treatment and disposal of sewage shall be maintained. Such facilities shall
meet with the standards and requirements of the New York State Department
of Health.
D. Adequate supply of food, including provisions for sanitary
storage, handling and protection of food and beverages until served or used.
A showing must be made that where food is to be prepared or consumed, there
are facilities for washing, disinfecting and storing dishes and food utensils,
or that a sufficient quantity of disposable dishes, cups and utensils will
be provided.
E. Adequate off-street and off-road facilities for the contemplated
number of people attending the public assemblage. Parking space shall be provided
for at least one car for every four persons in attendance.
F. Adequate camping or housing facilities for the contemplated
number of people in attendance if it is contemplated that the assemblage shall
extend from one day to another.
G. An adequate number of access roads to and from the site
of the public assemblage.
H. Adequate medical facilities, including a first-aid station.
It must be shown that at least one doctor shall be on duty at all times and
that at least one registered nurse for each 500 people in attendance will
be on duty at all times.
I. If any external fires are to be started or maintained
for any purpose and for which a permit is required, such permit shall be obtained
from the fire district having jurisdiction.
J. The applicant shall furnish the town with a comprehensive
liability insurance policy issued by an insurance company licensed to do business
within the State of New York, insuring the town and its officers and employees
against liability for damage to person or property within limits of not less
than $500,000 for bodily injury or death of one person and $1,000,000 for
bodily injury or death of more than one person arising out of negligence or
any tort liability for which the town and its officers and employees might
be liable and limits of not less than $500,000 for property damage arising
out of negligence or any other tort liability for which the town and its officers
and employees might be liable which might arise by reason of the granting
of the permit or the existence of such assembly of persons, which said policy
of insurance shall contain a provision that it shall not be cancelable without
10 days' prior written notice to the town.
K. The applicant shall deposit with the Town Clerk cash
or a good surety company bond, approved by the Town Board, in the minimum
sum 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 canceled upon certification to the Town Board by the Zoning
Administrative Officer that all conditions of this chapter have been complied
with.
Any person holding a permit under this chapter and every place of public
assemblage shall comply with the following provisions. Violation of any of
these provisions shall be unlawful.
A. No light on any part of 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.
B. 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.
C. At no time shall music be played by mechanical device
or live performance which annoys, disturbs, injures, endangers or which might
annoy, disturb or endanger any person or the public in their health, comfort,
safety, repose and peace.
D. No loud, unnecessary or unusual noise shall be permitted
to be made or caused to be made or continued at any time which either annoys,
disturbs, injures or endangers the comfort, repose, health, peace and safety
of other persons or the public.
E. In no event will activities be permitted before 7:00
a.m. or after 11:00 p.m.
If the Town Board of the Town of Clifton Park shall deny an application
for a permit under this chapter, it or the Town Clerk of the Town of Clifton
Park shall notify said applicant of the disapproval of said application and
shall include therewith a statement of the reasons for disapproval. The notice
of denial shall be sent by first class mail.
No permit issued under the provisions of this chapter 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 on any location other than the
location stated in such permit.
If, after the permit is issued, the Town Board determines that any of the items set forth in §
64-8 or
64-9 is not adhered to and accomplished within a reasonable time prior to the date or dates of such public assemblage, or if the Town Board determines that any of the provisions of any section of this chapter has been or is being violated, then such permit shall become null and void.
Nothing herein shall require any duly established municipal, educational,
historical, fire-fighting, recognized fraternal or civic political party qualified
for a line on the ballot in a general election (i.e., one receiving at least
5% of the vote in the last gubernatorial election), or religious organization
or institution located in the Town of Clifton Park to apply for or obtain
a permit with regard to any of its operations or its affairs.