[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.]
A.
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.
B.
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.
Shall be as defined in § 177-2 above.
[Amended 9-12-2002]
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.
A.
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.
B.
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:
A.
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.
B.
The name and mailing address of the promoter and/or sponsor
of the gathering.
C.
The address and/or legal description of all property
upon which the assembly is to be held.
D.
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.
E.
The nature or purpose of the assembly.
F.
The total number of days and/or hours during which the
assembly is to last.
G.
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.
H.
The plans of the applicant to limit the maximum number
of people permitted to assemble.
I.
The plans for fencing the location of the assembly and
the gates contained in such fence.
J.
The plans for supplying potable water, including the
source, amount available and location of outlets.
K.
The plans for providing toilet and lavatory facilities,
including the source, number and location, type and the means of disposing
of waste deposited.
L.
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.
M.
The plans for camping facilities, if any, including facilities
available and their location.
O.
Whether music or other forms of entertainment are to
be provided and, if so, the proposed hours for such music and/or entertainment.
[Added 9-12-2002]
A.
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.
B.
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.
A.
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.
B.
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.
C.
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:
A.
It is for a use which would involve a violation of federal
or state law or any Town or county ordinances.
B.
The granting of the permit would conflict with another
permit already granted or for which application is already pending.
C.
The application does not contain the information or does
not properly satisfy the conditions required by this chapter.
D.
The application is made less than the required days in
advance of the proposed assembly.
E.
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.
F.
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.
G.
The assembly will reasonably create a substantial risk
of injury to persons or damage to property.
H.
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.
