[HISTORY: Adopted by the Town Board of the Town of Pleasant Valley 2-13-2002
by L.L. No. 2-2002. Amendments noted where applicable.]
In order to enhance and protect the health, safety and welfare of the
people of the Town, the Town Board hereby finds that it is necessary to regulate
outdoor mass gatherings, since they may cause excessive traffic and noise,
create problems with waste disposal, increase the chance of accident, injury
or hazard or cause other disturbance or damage to the people of and properties
in the Town.
The following terms shall, for the purpose of this chapter, have the
meanings indicated:
A gathering of more than 500 people within a twelve-hour period conducted
outdoors, specifically including outdoor carnivals, flea markets and bazaars.
Outdoor carnivals, flea markets and bazaars conducted by not-for-profit organizations
are exempt from the provisions of this chapter based upon the long-standing
practice of churches, civic associations and the like to conduct such activities.
A.
No person shall use, allow or permit to be used land
in the Town for a mass gathering, or hold or promote by advertising or otherwise
a mass gathering, unless a written permit authorizing such mass gathering
has been issued by the Town Clerk after authorization by the Town Board.
B.
An application on a form supplied by the Town Clerk must
be completed, verified and filed with the Town Clerk at least 60 days prior
to the date on which the mass gathering is proposed to begin. The Town Board
shall act on the application within 45 days of the date of such filing and
the Town Clerk shall issue any permit authorized by the Town Board without
delay. The application shall contain the following:
(1)
The name, age and residence address of the applicant
and, if the applicant is not a natural person, the names and addresses of
its directors, officers, partners or other responsible parties. If the applicant
does not reside or maintain an office in the Town, then the application shall
provide the name and residence address of an agent, who shall be a natural
person residing in the Town, who is authorized to accept service of notices,
summonses and orders issued with respect to the application, the conduct of
the mass gathering and the provisions of this chapter.
(2)
The name and address of the record owner of the property
where the mass gathering is proposed to be held.
(3)
The proposed dates and hours of such mass gathering,
including any setup or cleanup dates and tines; the proposed maximum number
of people who will be permitted to attend; the proposed maximum number of
motor vehicles which will be permitted at the mass gathering at any one time;
the nature of the entertainment to be provided at the mass gathering; and
the admission fee to be charged, if any.
(4)
A plot plan of the premises upon which the mass gathering
is to be conducted, as well as any premises to be used for parking motor vehicles
in connection therewith, together with a statement of the zoning district
in which such premises are located. This plan must show the locations of entrances
and exits, entertainment facilities, sanitary facilities, emergency facilities
and parking.
(5)
The number of employees or volunteers who will be present
to supervise or monitor the mass gathering.
(6)
The type, size, wattage, number and location of any lighting
system, any sound system, speakers, amplifiers, sound truck or any other audio
or visual equipment.
(7)
The method of preparation and/or sale or distribution
of food and beverages at the mass gathering and the collection and disposal
of garbage, trash or other refuse arising from the mass gathering, including
the location of any booths or receptacles relating to these matters.
(8)
The manner in which emergency services will be provided
or available and the precautions taken to prevent fire or other hazard, including
the placement of fire lanes, water supplies and evacuation procedures.
(9)
The number and location of campsites or other overnight
accommodations.
(10)
A statement that Town and emergency personnel shall have
access to the site to perform inspections from the time that site preparations
begin through the time that all cleanup is completed.
(11)
A statement that all trash and debris will be removed
from the site and the site restored to its original condition within two days
following the end of the mass gathering.
C.
The Town Board may, in its discretion, hold a public
hearing regarding any such application.
D.
No permit shall be issued until the Town Board shall
find the following:
(1)
The application filed with the Town Clerk contains all
of the information and attachments required by this chapter, unless waived
by the Town Board for good cause shown.
(2)
Toilet facilities adequate in number and suitable in
design are to be located in designated areas with convenient access for those
attending the mass gathering.
(3)
Adequate provision has been made for the collection and
disposal of solid wastes, garbage and trash.
(4)
Adequate provision has been made for off-street parking
and access to such parking, including a suitable parking surface and necessary
illumination.
(5)
An adequate sound amplification system has been proposed
which will enable people attending the mass gathering to hear transmissions
without creating unreasonable noise on properties outside the mass gathering
site.
(6)
Adequate illumination has been proposed for the site
which does not unreasonably affect properties outside of the site.
(7)
An adequate plan for emergency services has been proposed.
(8)
An adequate plan for camping or temporary housing has
been proposed based upon the number of people anticipated who will need such
facilities.
(9)
The mass gathering site is served by public highways
sufficient in number and adequate in capacity to prevent unreasonable traffic
congestion within the Town.
E.
No permit shall be issued unless that applicant shall
furnish to the Town a comprehensive liability, insurance certificate or policy
insuring the Town against liability for damage to person or property with
limits not less than $1,000,000 for bodily injury and $500,000 for property
damage, as well as an agreement to hold the Town harmless from and indemnify
the Town for all liability arising from the granting of the permit or the
conduct of the mass gathering.
F.
The Town Board may, in its discretion, require a sum
of money, reasonable in amount, to be deposited by the applicant with the
Town in an escrow account as security for the cleanup of the site and the
restoration of the site to the condition it was in before the mass gathering
was held.
G.
If the Town Board finds that the application meets all
of the above requirements, the application shall be approved and the permit
shall be issued.
H.
Any permit granted may be revoked if the Town Board finds
that the applicant has failed to provide the approved facilities or provided
false or misleading information in the application.
A.
Each and every person who shall violate any of the provisions
of this chapter or any of the conditions of a permit granted pursuant to the
terms of this chapter shall he punishable, upon conviction thereof, by a fine
not to exceed $250 or imprisonment for a term not to exceed 15 days, or both.
Each day that a violation exists shall constitute a separate violation.
B.
In addition to the above provision, the
Town Board may commence and maintain an action or proceeding in the name of
the Town to compel compliance with or to restrain violation of the provisions
of this chapter and any permit granted hereunder.
