Town of Rotterdam, NY
Schenectady County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Rotterdam 6-17-1981 by L.L. No. 7-1981. Amendments noted where applicable.]
Carnivals and tent shows — See Ch. 98.
Noise — See Ch. 188.
Public entertainment — See Ch. 217.
This chapter shall be known as the "Rotterdam Mass Gatherings Local Law."
The Rotterdam Town Board, for the purpose of preserving the public peace and good order, preventing and suppressing riots, tumultuous assemblages, unnecessary crowds upon the public highways, unreasonably loud or disturbing noises and disorderly conduct within the Town of Rotterdam and for the purpose of promoting the health, safety and general welfare of the community, including the protection and preservation of the property of the Town and of its inhabitants and peace and good order, finds that it is in the public interest to enact this chapter.
Word usage. Words in the present tense include the future; the singular number includes the plural; the masculine shall include the feminine; "shall" is mandatory; and "may" is permissive.
Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings herein indicated:
A structure wholly or partially enclosed with exterior walls and a roof, of permanent or temporary nature, affording shelter to persons, animals or property.
A gathering of more than 1,000 persons within a twelve-hour period at a gathering conducted essentially out of doors.
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.
No person shall use, allow, let or permit to be used land for a mass gathering, or hold or promote by advertising or otherwise a mass gathering, until a written permit authorizing such mass gathering has been issued by the Rotterdam Town Clerk after authorization of such permit by the Rotterdam Town Board.
Application for such permit shall be by verified petition of the applicant, addressed to the Town Board and filed by the Town Clerk at least 60 days prior to the date of the mass gathering. The Town Board shall act upon the application within 45 days of such filing. Such application shall include the following information:
A statement of the name, age and residence address of the applicant and, if the applicant is a corporation, the names and addresses of its directors and officers. If the applicant does not reside within the Town of Rotterdam, the application shall state the name and address of an agent who shall be a natural person residing in or having a place of business in Schenectady County, New York, who is authorized by the applicant and who shall agree by verified statement to accept notices for summonses issued with respect to the application, the conduct of the mass gathering and the provisions of this chapter.
A statement containing the name and address of the record owner of the property and of any persons having the right to occupy said premises or any part thereof under a written lease, license or permit.
A statement of the proposed dates and hours of such mass gathering; the maximum dates and hours of such mass gathering; the proposed maximum number of persons who will be permitted to attend the mass gathering; the maximum proposed number of motor vehicles which will be permitted at said mass gathering at any one time and in total; the measures and facilities proposed to limit the number of persons attending to the maximum number proposed; the purpose of the mass gathering; the nature of any entertainment to be provided thereat and the names and addresses of any entertainers to be provided by the applicant or its agent; and the admission fee to be charged, if any.
A survey prepared by a licensed engineer or land surveyor of the premises upon which the mass gathering is to be conducted and of any premises to be used for motor vehicle parking or otherwise in connection therewith, together with a statement of the zoning district of such property, the names and addresses of the record owners of adjoining properties, the abutting streets or highways, showing the size and location of existing and proposed buildings or structures to be used in connection with said mass gathering, together with a statement or drawing to scale of the type and materials of each proposed or existing building or structure.
A plan or drawing to scale prepared by a licensed engineer or land surveyor showing the method and manner in which:
Sanitary facilities are to be provided for the disposal of sewage, garbage, trash and other debris.
The method and manner of providing adequate and suitable off-street parking for motor vehicles for persons attending such mass gathering, including the layout of such parking area or areas, the surface or pavement thereof, the manner of designating parking spaces for individual motor vehicles and access drives, the proposed illumination planned for such areas, a statement of the proposed method of suppressing dust and a description of any maintenance equipment or vehicles.
A statement containing the type, size, wattage, number and location of any sound amplifier or loudspeaker, sound truck or other similar sound equipment.
A statement specifying the method of preparation, service and distribution of any foods and beverages to be prepared, sold or distributed at the mass gathering or in connection therewith by the applicant or his agents or licensees, together with a statement of the method of disposing of garbage, trash, rubbish or any other refuse arising therefrom. If any food or beverage is to be prepared, sold, served or distributed, a plan or drawing to scale must be attached to the application showing the buildings or structures from which the food or beverage is to be prepared, served, sold or distributed.
A statement specifying whether any private security guards or police will be engaged and, if so, the number and duties to be performed, including the hours to be worked and areas of responsibility, and their minimum employment qualifications.
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.
A statement specifying the facilities and personnel to be available for the emergency treatment of any person who may require medical or nursing attention.
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.
No permit shall be issued until a public hearing has been held by and before the Rotterdam Town Board to consider such application. At least 10 days' notice of the time and place of such hearing shall be published in the official newspaper of the Town of Rotterdam.
Issuance of permit; procedure upon finding items inadequate.
No permit shall be issued until the Town Board shall find the following:
The application filed with the Town Clerk contains all of the information and attachments hereinbefore required.
Toilet facilities adequate in number and suitable in design are proposed for the mass gathering. Such facilities are to be so located as to be conveniently available and shall be so constructed and maintained that they will not be offensive. Such facilities shall be arranged to be separate for each sex.
Adequate provision is made for the collection and disposal of solid wastes, garbage and trash.
Adequate provision is made for off-street parking, including an adequate system of access drives with suitable surface or pavement and night illumination of the same with a safe and proper electrical supply and emergency electrical supply for such night illumination.
Adequate provision is made for the proper disposal of existing and reasonably potential surface water.
An adequate sound-amplification system may be provided which will enable persons attending the mass gathering to hear transmissions therefrom without creating unreasonable noise on properties outside the mass gathering areas.
The facilities and plans for the preparation, service and distribution of foods and beverages to be sold or distributed at the mass gathering would provide an adequate and sanitary supply of wholesome food to the persons reasonably expected to attend the mass gathering, and the method of disposing of garbage, trash, rubbish and other refuse therefrom is adequate to prevent hazard to health and nuisance on the premises or on adjoining premises.
The applicant's plan for providing private security guards or police is adequate in the number of security guards or police to be provided, the minimum employment qualifications of such guards or police and the hours during which the same will be present at the site of the mass gathering.
The applicant's outdoor lighting and illumination plan provides necessary lighting on the mass gathering premises without creating unreasonable illumination of adjoining premises and adjoining highways, and such plan includes adequate emergency electrical generating facilities on the premises in the event of a power failure.
The applicant's plan for emergency medical and nursing treatment is adequate.
The applicant's plan for camping or housing facilities to be available for persons attending such mass gathering provides an adequate number of reasonable facilities.
The applicant has made adequate provision for fire prevention and fire protection.
Adequate provision is made by fencing to protect adjoining properties.
The mass gathering site is served by public highways sufficient in number and adequate in type and width to prevent unreasonable traffic congestion within the Town of Rotterdam.
The proposed mass gathering would not unreasonably interfere with the rights of owners and occupants of adjoining and neighboring lands to reasonably use and enjoy such adjoining and neighboring lands, and such mass gathering would not create a public nuisance.
If the Town Board determines that any of the items enumerated in Subsection D(1)(a) through (o) are inadequate in the interests of public health, morals and welfare, or because of noncompliance with state, county or Town laws, ordinances, codes, rules or regulations, it shall advise the applicant in what manner the same are inadequate and specify minimum acceptable requirements with respect to those terms.
No permit shall be issued until all persons interested in the lands upon which such mass gathering is to be held shall furnish the Town with written authorization for the Town and its agents to go upon such property at any time from and after the filing of such application and until 20 days after the end of such mass gathering for the purpose of inspecting such premises, the facilities provided and to be provided thereon and the cleaning of said premises and adjoining premises after the termination of the mass gathering. Such authorizations shall be irrevocable during such period.
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 of $500 with the Town to insure 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 the termination of the assembly after deduction therefrom of all expenses caused by the applicant's noncompliance to remove said trash and other waste material.
Within five days from the end of such mass gathering, all trash, papers, garbage and other waste material shall be removed from the mass gathering premises, and such premises shall be restored to the same condition in which it was found at the time of the filing with the Town of Rotterdam Town Clerk of the application for such mass gathering. All trash, papers, garbage and other refuse shall be removed from the public highways within five days of the termination of such mass gathering for a distance to be specified by the Town Board in the permit granted the applicant.
Any permit hereunder may be revoked by the Town Board upon a finding that the applicant has failed to provide the facilities specified in its application or required by the Town or in the event that the Town shall find that the facilities to be provided by the applicant cannot be reasonably provided within the time remaining until the scheduled date of the mass gathering.
Any violation of this chapter by any person, firm or corporation shall constitute a violation and shall be punishable by a fine not less than $500 and no more than the sum of $1,000 or imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense. Each subsequent violation will be punishable by a fine of not less than $1,000 nor more than $2,000 or imprisonment for a period not to exceed 15 days, or both. Each day of continued violation shall constitute a separate, additional offense.
[Amended 3-12-1986 by L.L. No. 4-1986; 6-12-2013 by L.L. No. 7-2013]
In addition to any penalty provided by law, the Town Board may maintain an action or proceeding in the name of the Town in any court of competent jurisdiction to compel compliance with or to restrain violation of this chapter.