[HISTORY: Adopted by the Town Board of the Town of Victor 5-9-1977
as L.L. No. 2-1977. Amendments noted where applicable.]
This chapter shall be known as the "Victor Mass Gatherings Local Law."
The Victor 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 Victor 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, which shall apply within the Town of Victor outside of the limits
of the Village of Victor.
Unless otherwise expressly stated, the following terms shall, for the
purpose of this chapter, have the meanings herein indicated. 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.
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 two thousand (2,000) 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.
A.
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 Victor Town Clerk, after authorization of such permit by
the Victor Town Board.
B.
Application for such permit shall be by verified petition
of the applicant, addressed to the Town Board and filed with the Town Clerk
at least sixty (60) days prior to the date of the mass gathering. The Town
Board shall act upon the application within forty-five (45) days of such filing.
Such application shall include the following information:
(1)
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 Victor, 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
Ontario 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.
(2)
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.
(3)
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 (1) 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.
(4)
A survey 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.
(5)
A plan or drawing to scale showing the method and manner
in which:
(a)
Sanitary facilities are to be provided for the disposal
of sewage, garbage, trash and other debris.
(b)
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.
(6)
A statement containing the type, size, wattage, number
and location of any sound amplifier or loudspeaker, sound truck or other similar
sound equipment.
(7)
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.
(8)
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.
(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 the facilities and personnel to
be available for emergency treatment of any person who may require medical
or nursing attention.
(11)
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.
C.
No permit shall be issued until a public hearing has
been held by and before the Victor Town Board to consider such application.
At least ten (10) days' notice of the time and place of such hearing shall
be published in the official newspaper of the Town of Victor.
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 hereinbefore required.
(2)
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.
(3)
Adequate provision is made for the collection and disposal
of solid wastes, garbage and trash.
(4)
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.
(5)
Adequate provision is made for the proper disposal of
existing and reasonably potential surface water.
(6)
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.
(7)
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 said 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.
(8)
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.
(9)
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.
(10)
The applicant's plan for emergency medical and nursing
treatment is adequate.
(11)
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.
(12)
The applicant has made adequate provision for fire prevention
and fire protection.
(13)
Adequate provision is made by fencing to protect adjoining
properties.
(14)
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 Victor.
(15)
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.
E.
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
twenty (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.
F.
No permit shall be issued until the applicant has executed,
acknowledged and delivered to the Town of Victor an agreement, in form approved
by the Attorney for the town, to indemnify the town from any costs and expenses
incurred by the town in connection with liability and claims arising from
or in connection with such mass gathering.
G.
Within five (5) 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 found at the time of the filing with the Victor 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 (5) days
of the termination of such mass gathering for a distance to be specified by
the Town Board in the permit granted the applicant.
H.
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.
Upon filing an application for a mass gathering permit as regulated
by this chapter, the applicant shall pay to the town a nonrefundable fee in
such amount as the Town Board of the Town of Victor may from time to time
establish by resolution.
A.
Any person who shall violate any of the provisions of
this chapter or of the terms of any permit issued hereunder shall, upon conviction,
be punishable by a maximum fine of two hundred fifty dollars ($250.) or by
imprisonment for not more than fifteen (15) days, or both such fine and imprisonment.[1]
B.
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.
