[HISTORY: Adopted by the Town Board of the Town of Fulton 5-14-1998 (Ch. 7, § 3L of the 1996 Code); amended in its entirety 5-11-2000. Subsequent amendments noted where applicable.]
It is the purpose of the Town Board to regulate the assemblage of large numbers of people, in excess of those normally needing the health, sanitary and police services regularly provided in the Town of Fulton, in order that the health, safety and welfare of all persons in the Town, residents and visitors alike, may be protected.
The purpose and intent of this chapter is to establish site approval for locations in the Town of Fulton used temporarily for large gatherings, as defined in § 177-2 below, it being recognized that the character and type of such gatherings vary widely and the facilities required to carry out the general purpose and intent of this chapter should be the subject of a public gathering permit issued only after public hearing and a determination by the Town Board that there will be compliance with the standards set forth in this chapter.
This chapter shall apply to all public and private gatherings, rallies, assemblies or festivals at which attendance is greater than 500 persons for an event, whether occurring over one or more days. The requirement for a public gathering permit shall not apply to weddings, anniversary gatherings or events held in any regularly established permanent place of worship, stadium, school, athletic field, arena or other similar permanently established structure designed for assemblies which do not exceed by more than 500 people the maximum seating capacity of the structure where the assembly is held.
The following definitions shall be applicable in this chapter:
- A company of persons gathered together at any location at any single time for any purpose, and may be considered a large public gathering if it falls within the definition of § 177-2 above.
- Any individual, partnership, corporation, firm, organization, company, association, society or group.
No person shall permit, maintain, promote, conduct, advertise, act as entrepreneur, undertake, organize, manage or sell or give away tickets to an actual or reasonably anticipated large gathering, whether on public or private property, unless a public gathering permit to hold the assembly has first been issued by the Town Board. A permit to hold an assembly issued to one person shall permit any person to engage in any lawful activity in connection with the holding of the licensed assembly. Any such permit issued by the Town Board shall be subject to such conditions as may be established by the Town Board which are necessary to provide for the health, safety and welfare of all persons in the Town, residents and visitors alike.
Applicant. Applications for a public gathering permit shall be made by the owner or a person having a contractual interest in lands proposed as the site for a public or private gathering, rally, assembly or festival as defined in this chapter. The application shall contain a statement made upon oath or affirmation that the statements contained therein are true and correct to the best knowledge of the applicant and shall be signed and sworn to or affirmed by the individual making application, in the case of an individual, natural human being, by all officers in the case of a corporation, by all partners in the case of a partnership, or by all officers of an unincorporated association, organization, society or group or, if there are no officers, by all members of such association, organization, society, or group.
Filing period. An application for a public gathering permit shall be filed with the Town Clerk/Treasurer not less than 45 days before the date on which it is proposed to conduct the event.
The application for a public gathering permit shall contain and disclose all of the following information:
The name, residence and mailing address of all persons required to sign the application by § 177-5A above and, in the case of a corporation, a certified copy of the articles of incorporation together with the name, age, residence and mailing address of each person holding 10% or more of the stock of such corporation.
The name and mailing address of the promoter and/or sponsor of the gathering.
The address and/or legal description of all property upon which the assembly is to be held.
Proof of ownership of all property upon which the assembly is to be held or a statement made upon oath or affirmation by the record owner of all such property that the applicant has permission to use such property for an assembly of 500 or more persons.
The nature or purpose of the assembly.
The total number of days and/or hours during which the assembly is to last.
The total number of persons which the applicant shall permit to assemble at any time, not to exceed the maximum number which can reasonably assemble at the location of the assembly, in consideration of the nature of the assembly, or the maximum number of persons allowed to sleep within the boundaries of the location of the assembly by Chapter 425, Zoning, of the Town Code if the assembly is to continue overnight.
The plans of the applicant to limit the maximum number of people permitted to assemble.
The plans for fencing the location of the assembly and the gates contained in such fence.
The plans for supplying potable water, including the source, amount available and location of outlets.
The plans for providing toilet and lavatory facilities, including the source, number and location, type and the means of disposing of waste deposited.
The plans for parking vehicles, including size and location of lots, points of highway access and interior roads, including routes between highway access and parking lots.
The plans for camping facilities, if any, including facilities available and their location.
Whether music or other forms of entertainment are to be provided and, if so, the proposed hours for such music and/or entertainment.
Filing fee. The filing fee shall be submitted with the application to the Town Clerk/Treasurer in an amount to be determined by resolution of the Town Board on record in the office of the Town Clerk/Treasurer.
Permit fee. The permit fee shall consist of reimbursement to the Town of Fulton for all expenses incurred by the Town in relation to the gathering of large assemblies of persons. Such fee shall be paid to the Town within 30 days of receipt of the statement. Interest shall accrue at 1% per month.
The Town Board may require the applicant and site owners to file a cash bond or establish an escrow account, in an amount to be determined by the Town Board, conditioned on complete compliance by the applicant and site owner with all provisions of this chapter, the terms and conditions of the public gathering permit, including cleaning up the site, and the payment of any damages, administrative and law enforcement costs, fines, forfeitures, or penalties imposed by reason of violation thereof. The Town Board may also require the applicant to provide proof of a general liability insurance policy in an amount determined by the Town Board, naming the Town of Fulton as an additional insured. Such bond, escrow account information, and proof of insurance policy shall be filed with the Town Clerk/Treasurer prior to the issuance of a permit.
Prior to considering an application for a public gathering permit, the Town Board shall conduct a public hearing on the matter. Written notice of such hearing shall be mailed to the applicant and all property owners adjacent to the site of the proposed assembly. The Town Board shall, based on evidence presented at the hearing, make a finding of the number of persons expected to attend the event. Such finding shall be final and conclusive on the applicant for the purpose of determining the applicability of those standards set forth herein which are dependent upon the number of persons attending the event.
A public gathering permit shall not be issued unless it is determined, based on evidence produced at the hearing or submitted with application materials, that the following standards are or will be met; the applicant may be required to file with the Town Clerk/Treasurer copies of properly executed contracts establishing the ability to fully provide the services required under this chapter.
Every site proposed for a public gathering permit shall be on generally well-drained ground and shall not be on ground on which stormwater or other waters accumulate or on ground which is wet or muddy due to subsoil moisture.
The applicant shall provide proof that he/she has contracted for local EMS services to provide emergency ambulance and EMT services, at the applicant's expense, for events at which over 1,000 persons will be in attendance.
The applicant shall provide a sanitary method of disposing of solid waste, in compliance with state and local laws and regulations.
Applications may be denied for any of the following nonexclusive reasons:
It is for a use which would involve a violation of federal or state law or any Town or county ordinances.
The granting of the permit would conflict with another permit already granted or for which application is already pending.
The application does not contain the information or does not properly satisfy the conditions required by this chapter.
The application is made less than the required days in advance of the proposed assembly.
The policing of the assembly will require so large a number of persons and vehicles, including ambulances, as to prevent adequate service of the needs of the rest of the community.
The assembly will substantially hinder the movement of police and fire and other emergency vehicles so as to create a substantial risk to persons and property.
The assembly will reasonably create a substantial risk of injury to persons or damage to property.
The assembly use is so poorly organized that participants are likely to engage in aggressive or destructive activity.
When fermented malt beverages are sold at any event authorized by this chapter, a valid temporary fermented malt beverage license shall be obtained and applicable Town ordinances shall be fully complied with. Said license must be possessed by the person who filed for the license and shall be presented to any law enforcement officer upon request.
The Town Clerk/Treasurer may submit a copy of the application to the County Sheriff's Department and other governmental agencies for their recommendations.
Any law enforcement officer, the Town Chair, or the Town Board may revoke a permit already issued if it is deemed that such action is justified by an actual or potential emergency due to weather, fire, riot, other catastrophe or likelihood of a breach of the peace or by a change in conditions forming the basis of the standards of issuance. In lieu of revoking a permit, an above-named official may require the permittee to file evidence of good and sufficient sureties, insurance in force or other evidence of adequate financial responsibility, running to the Town and such third parties as may be injured or damaged, in an amount depending upon the likelihood of injury or damages as a direct and proximate result of the holding of the usage sufficient to indemnify the Town and such third parties as may be injured or damaged thereby.