[HISTORY: Adopted by the Town Board of the
Town of East Fishkill 7-10-1975 by L.L. No. 4-1975. Amendments noted where applicable.]
[Amended 6-27-2013 by L.L. No. 5-2013]
The Town Board, in order to promote proper government
and ensure the proper protection, order, conduct, safety, health,
welfare and well-being of persons and property within the Town of
East Fishkill, finds that it is in the public interest to enact this
chapter pursuant to the provisions of § 130, Subdivisions
11, 15 and 19, of the Town Law of the State of New York. This chapter
shall regulate the assembly of persons where such assembly exceeds
1,000 persons at any place within the Town of East Fishkill, Dutchess
County, New York, except where such assembly is organized by and under
the direct control of a volunteer fire company within the Town, a
fraternal or civic organization having a local chapter within the
Town or a religious corporation having a house of worship within the
Town.
A.
Word usage. Words used in the present tense include
the future; the singular number includes the plural and the masculine
shall include the feminine. The word "shall" is mandatory and "may"
is permissive.
B.
ASSEMBLY
BUILDING
PERSON
STRUCTURE
Terms defined. Unless otherwise expressly stated,
the following terms shall, for the purpose of this chapter, have the
meanings herein indicated:
The gathering, collecting or congregating of persons at any
place within the Town, with or without the levy of an admission fee,
for a common purpose, such as but not limited to sports events, circuses,
carnivals, festivals, music festivals and religious observances.
A structure wholly or partially enclosed with exterior walls
and a roof, of a permanent or temporary nature, affording shelter
to persons, animals or property.
Any individual, firm, company, association, society, corporation
or group.
A combination of materials to form a construction that is
safe and stable and includes, among other things, stadiums, stages,
prop forms, radio towers, sheds, storage bins, tents, billboards,
space signs, bleachers, ramps and seats.
A.
No person shall use, allow, let or permit to be used
property for the assembly of persons in excess of 1,000 persons, nor
shall any person use, allow, let or permit to be used property for
any part or portion of such assembly of persons which total assembly
in the aggregate is in excess of 1,000 persons, unless upon written
permit authorizing such use and assembly issued by the Town Board
through its Clerk.
[Amended 6-27-2013 by L.L. No. 5-2013]
B.
Application for such permit shall be by verified petition
on forms to be furnished by the Town, addressed to the Town Board
and filed with the Town Clerk at least 45 days prior to the date upon
which such use and assembly shall occur. The Town Board shall act
upon the application within 30 days after its submission. Such application
shall include the following information:
(1)
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 its directors and officers;
if the applicant does not reside within the Town of East Fishkill,
the name and address of an agent who shall be a natural person and
who shall reside in or have a place of business in the County of Dutchess
and who shall be authorized to and shall agree by verified statement
to accept notices or summonses issued with respect to the application,
the conduct of the assembly or use in any manner involving it arising
out of the application, or the construction or application of this
chapter.
(2)
A statement containing the name, address and record
owner of the property where the assembly and use shall occur and the
nature and interest of the application therein; the proposed dates
and hours of such assembly and use; the expected maximum number of
persons intended to use the property at one time and collectively;
the expected number of automobiles and vehicles intended to use the
property at one time and collectively; and the purpose of the assembly
and use, including the nature of the activity to be carried on and
the admission fee to be charged, if any.
(3)
A map prepared by a licensed land surveyor or licensed
public engineer showing the size of the property, the zoning district
(if any) in which it is located; the names and record owners of the
adjoining properties; the streets or highways abutting the said property;
the size and location of any existing building, buildings or structures
to be erected for the purpose of the assembly and use; and the method,
construction and materials to be used in any new building or structure.
(4)
A plan or drawing to scale prepared by the licensed
public engineer or licensed land surveyor showing the method and manner
in which:
(5)
A plan drawn to scale showing the layout of any parking
area for motor vehicles, including the means of egress and ingress
to such parking area.
(6)
A statement containing the type, number and location
of any radio device, sound amplifier or loudspeaker or sound truck,
or other similar sound equipment.
(7)
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 beverage
and the method of disposing of garbage, trash, rubbish or any other
refuse arising therefrom. If food or beverages are to be prepared,
sold and 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.
(8)
A statement specifying whether any private security
guards or police will be engaged, and if so, the numbers and duties
to be performed by such persons, including the hours to be worked
and areas of responsibility.
(9)
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.
(10)
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.
(11)
A statement specifying the facilities to be available
for emergency treatment of any person who may require medical or nursing
attention.
(12)
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 the location of same.
(13)
A statement specifying the contemplated duration of
assembly and use.
(14)
If the assembly and use are to continue from one day
into another, a statement specifying the camping or housing facilities
available or to be made available on the premises.
C.
No permit shall be issued unless it is clearly shown
that all of the following are provided for and approved in writing
by the Dutchess County Health Department and the Town Board of the
Town of East Fishkill:
(1)
Drinking water adequate in quantity and quality as provided in Chapter 1, Part 7, of the State Sanitary Code.
(2)
Toilet facilities adequate for the capacity of the assembly or use as provided in Chapter 1, Part 7, of the State Sanitary Code.
(3)
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 and the Dutchess County Health Department.
(4)
Adequate facilities and arrangements for safe, clean
disposal of solid waste, garbage and trash.
(5)
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.
(6)
Adequate off-street and off-road facilities for the
contemplated number of people attending the assembly or use. Parking
space shall be provided for at least one car for every four persons
in attendance.
(7)
Adequate camping and housing facilities for the contemplated
number of people in attendance, if it is contemplated that the assembly
or use shall extend from one day to another.
(8)
An adequate number of access roads to and from the
site of the assembly or use.
(9)
Adequate medical facilities as provided by Part 18
of the New York State Sanitary Code.
(10)
Adequate fire protection arrangements for buildings.
D.
No permit shall be issued unless the owner and his
tenant or lessee, if any, shall furnish the Town with written authorization
to permit the Town or its lawful agents to go upon the property at
any time for the purpose of inspecting the same, the facilities provided
thereon and the cleaning of the premises after the termination of
the assembly.
E.
No permit shall be issued unless the applicant shall
furnish the Town with a comprehensive liability insurance policy insuring
the Town against liability for damage to person or property with limits
of not less than $500,000/$1,000,000 for bodily injury or death, and
limits of not less than $500,000 for property damage, sufficient to
save the Town harmless from any liability or cause of action which
might arise by reason of the granting of the permit, and not cancellable
without 10 days, prior written notice to the Town. The applicant shall
further provide a security deposit with the Town in an amount to be
set by the Town Board based upon the proposed anticipated attendance
to ensure the removal of trash and other waste material as hereinafter
provided, which deposit shall be returned to the applicant within
10 days from the date of termination of the assembly after deduction
therefrom of all expenses caused by the applicant's noncompliance
to remove said trash and other waste material.
F.
Within three days from the date of the termination
of the assembly, trash, paper, garbage and other waste material shall
be completely removed from the premises in a safe, clean and sanitary
manner.
G.
Any permit issued may be revoked by the Town Board
through its Clerk if at any time it should be determined that the
applicant has failed to provide the facilities as specified in the
application, or that the setting up of the facilities provided for
in the application cannot be reasonably accomplished within the time
or date set for the assembly or use.
[Amended 6-14-2001 by L.L. No. 3-2001]
Each application shall be accompanied by a fee
in an amount as set from time to time by the Town Board at the time
of its submission. The fee shall compensate the Town for its examination
and processing of such application and shall not be refundable in
whole or in part.
A.
Any person who shall use, allow, let or permit to
be used property for the assembly of persons in excess of 1,000, or
shall use, allow, let or permit to be used property for any part or
portion of such assembly which total assembly in the aggregate is
in excess of 1,000 persons, or any person who shall cause the gathering,
collecting or congregating of persons in excess of 1,000 at any place
within the Town without first obtaining a written permit in accordance
with the provisions of this chapter shall be deemed to have violated
this chapter and shall be liable for the penalties herein provided.
Any person who commits or permits any act in violation of any provision
of this chapter shall be deemed to have violated this chapter and
shall be liable for the penalties herein provided.
[Amended 6-27-2013 by L.L. No. 5-2013]
B.
For each violation of the provisions of this chapter,
the person violating the same shall be subject to a fine of not more
than $1,000 or imprisonment not to exceed 15 days, or to both such
fine and imprisonment.
[Amended 6-27-2013 by L.L. No. 5-2013]
C.
In addition to the above-provided penalties, the Town
Board may maintain an action or proceeding in the name of the Town
in a court of competent jurisdiction to compel compliance with or
to restrain by injunction the violation of this chapter.
D.
In lieu of a criminal proceeding, the Town may file in the Justice
Court a civil action to seek the recovery of a civil penalty in the
sum of $3,000 from any person, corporation, partnership or other entity
which may hold an event in the Town of East Fishkill in violation
of the provisions of this chapter.
[Added 6-27-2013 by L.L. No. 5-2013]
