[HISTORY: Adopted by the Town Board of the Town of Blooming Grove 12-8-1975
by L.L. No. 4-1975 as Ch. 166 of the 1975 Code. Amendments
noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 169.
In order to preserve the public peace and good order, to prevent riots
and tumultuous assemblages, unreasonably loud or disturbing noises, disorderly,
noisy, riotous or tumultuous conduct and to promote the health, safety, morals
and general welfare of the community consonant with the rights of its citizens
and inhabitants and others in the Town of Blooming Grove to peacefully assemble,
this chapter is enacted.
[Amended 8-14-1989 by L.L. No. 2-1989]
This chapter shall regulate the assembly of persons at temporary outdoor
public gatherings where 250 or more persons are expected to congregate.
Unless otherwise expressly stated, the following terms shall, for the
purposes of this chapter, have the meanings herein indicated:
The gathering, collecting or congregating of persons with or without
the levy of an admission fee.
A structure wholly or partially enclosed within exterior walls and
a roof, of permanent or temporary nature, affording shelter to persons, animals
or property.
A place to which the public or a substantial group of persons is
invited or has access.
A construction that is safe and stable and includes, among other
things, tents, stadiums, amphitheaters and other similar facilities.
The furnishing of entertainment for a period of 30 days or less where
the audience is not contained in an enclosed structure of building.
[Amended 8-14-1989 by L.L. No. 2-1989]
A.
No person shall use, allow, let or permit to be used
property for assembly or for temporary outdoor gatherings in excess of 250
persons unless a written notification shall have been provided to the Town
Clerk.
B.
No person shall use, allow, let or permit to be used
property for assembly or for temporary outdoor gatherings in excess of 500
persons unless a written permit shall have been obtained from the Town Clerk.
[Amended 8-14-1989 by L.L. No. 2-1989]
A.
Application for a permit shall be by verified petition
addressed to the Town Clerk and shall be filed with the office of the Town
Clerk at least 21 days prior to the date upon which the commencement of such
gathering is scheduled.
B.
Notification shall be in the general form of an application
and shall be provided a reasonable time not less than 14 days prior to the
commencement of such gathering.
Such application shall include the following written material:
A.
A statement of the name, age and residence address of
the applicant; if 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 does not reside in the County of Orange, the name and address of
an agent who shall be a natural person and shall reside or have a place of
business in the County of Orange and who shall be authorized to and shall
agree by verified statement to accept notices or summonses issued with respect
to violations of any law, ordinances, rules or regulations.
B.
A statement containing the name and address of the record
owner of the subject property or properties and the nature and interest of
the applicant therein; the proposed dates and hours of such assembly; 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; and the purpose of the function,
including the nature of the activities to be carried on and the admission
fee to be charged, if any.
C.
A map showing the size of the property; the zoning district
in which it is located; the streets or highways abutting said property; the
size and location of any existing building, buildings, or structures or of
any proposed building, buildings or structures to be erected for the purpose
of the assembly.
D.
A plan or drawing showing the method to be used for the
disposal of sanitary sewage.
E.
A plan or drawing showing the method to be used for the
supply, storage and distribution of water.
F.
A plan or drawing showing the layout of any parking area
for automobiles and other vehicles and the means of ingress and egress to
such parking area. Such parking area shall provide one parking space for every
four persons in attendance.
G.
A statement specifying the method of disposing of any
garbage, trash, rubbish or other refuse arising therefrom.
H.
If a person, other than the person applying for the permit
will be engaged in the sale and distribution of food and beverage, the name
and address of such person shall be submitted.
I.
A statement specifying whether any private security guards
or police, will be engaged and, if so, the number thereof and the duties to
be performed by such persons.
J.
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.
K.
A statement specifying the facilities to be available
for emergency treatment of any person who might require immediate medical
or nursing attention.
L.
A statement specifying whether any camping or housing
facilities are to be available and, if so, a plan showing the intended number
and location of same.
M.
All statement that no soot, cinders, smoke, noxious acids,
fumes, gases or unusual odors or loud or excessive noises shall be permitted
to unreasonably emanate beyond the property line of the assembly.
N.
An emergency service plan for fire, ambulance and police
services, which plan must be reviewed and approved by the Police Department,
Fire Department and Ambulance Corps. Such plan shall be reviewed for, among
other things, capacity of the site, access to the site, available facilities
and availability of public highway and other means of transportation to and
from the site.
[Added 8-14-1989 by L.L. No. 2-1989]
A.
No permit shall be issued unless the permittee shall
furnish the town with written authorization to permit the town or its lawful
agents to go upon the subject property for the purpose of inspecting the same,
providing adequate police and fire protection and protecting persons and property
from danger.
B.
No permit shall be issued unless the applicant shall
furnish the town with a comprehensive liability insurance policy, issued by
a company duly licensed by the State of New York, insuring the applicant against
liability for damage to persons or property with limits of not less than $500,000
to $1,000,000 for bodily injury or death and limits of not less than $100,000
for property damage, which said policy shall name the town as an additional
insured and shall be noncancelable without prior written notice to the town.
C.
Where the expected maximum number of persons shall exceed
1,000 persons at any performance as a condition of the granting of the permit,
the Town Board may require the permittee to reimburse the town for such police
protection as may be deemed necessary by the Town Board to adequately and
safely control and protect the assembly, the assembly area, and traffic in
and about the area of the assembly. However, the permittee shall not be required
to reimburse the town in excess of the actual cost paid by the town for such
police protection, and in no event for more than two police officers for the
first 1,000 persons of the assembly, nor for more than one police officer
for each additional 1,000 persons of the assembly.
D.
The town may issue a permit upon such other conditions
as the town may reasonably impose to ensure compliance with this law, and
for the general protection of the health, safety and welfare of the persons
and property in the town.
E.
Public assemblies shall be prohibited in fire hazard
areas at all times that a ban on open burning is in effect. The fire hazard
areas shall be determined by the local fire company having jurisdiction.
[Added 8-14-1989 by L.L. No. 2-1989]
[Amended 8-14-1989 by L.L. No. 2-1989]
The town may deny the issuance of a permit if it shall find that any of the items as set forth in § 82-6 of this chapter are insufficient to properly safeguard the safety, health, welfare and well-being of persons or property. The denial shall be in writing and shall set forth the reason therefor. In no event shall the town withhold its written approval or denial of a permit for a period in excess of 10 days after a full submission to it by an applicant, except by an extension, in writing, given by the applicant.
If after a permit is issued, the Town Board determines that any of the representations and/or statements contained in the application or any of the conditions of the permit have not been complied with, the Town Board may serve upon the permittee's agent for the service of process as appointed pursuant to Subsection A of § 82-6 hereof a two-day notice of hearing specifying the manner in which the permittee has not complied with the terms of its permit, and at which hearing the Town Board, for good cause, may modify or rescind such permit, absolutely or upon conditions.
[Amended 8-14-1989 by L.L. No. 2-1989[1] ]
The applicant for a permit shall pay to the town at the time an application
is submitted a fee set by resolution of the Town Board from time to time to
defray administrative and review costs.[2] The town reserves the right to charge an additional fee to cover
specific costs of the town necessitated by a particular application.
[Amended 8-14-1989 by L.L. No. 2-1989]
The undertaking of the town to provide review or services pursuant to
this chapter shall not relieve the owner, permittee or person responsible
of the duty to provide such services for a safe assembly. Such person shall,
to the fullest extent allowed by law, indemnify the town with respect to cost,
claims or damages arising from the breach of such duty. The failure or omission
by the town to undertake to provide the required services upon the default
of such persons shall not create any liability attributable to the town. With
respect to any dangerous conditions for which the town may be liable, it shall
be entitled to receive notice of defect in accordance with this chapter. Any
duty on the part of the town pursuant to this chapter is a general duty of
the town. No person is authorized to create or imply or to assume or infer
a special duty by the town.
A.
Any person who shall use, allow, let or permit to be
used property for the assembly of persons in excess of 250 for temporary outdoor
entertainment or any person who shall cause the gathering, collecting or congregating
of persons in excess of 250 in public places for temporary outdoor entertainment
without having a written permit in accordance with the provisions of this
chapter shall be guilty of a violation of this chapter.
B.
A violation of any of the provisions of this chapter
shall be a misdemeanor and shall be punishable as hereinafter provided.
C.
A separate offense against this chapter shall be deemed
committed on each day during or on which a violation occurred or continues.
A separate penalty may be imposed for each separate offense.
