[HISTORY: Adopted by the Town Board of the Town of Wallkill 7-2-1969
by L.L. No. 1-1969. Amendments noted where applicable.]
This Town Board, in order to promote proper government and to ensure
the proper protection, order, conduct, safety, health, welfare and well-being
of persons or property within the Town of Wallkill, finds it is in the public
interest to enact this chapter. This chapter shall regulate the assembly of
persons, where such assembly exceeds 5,000 persons, in public places within
the Town of Wallkill.
A.
ASSEMBLY
BUILDING
PERSON
PUBLIC PLACE
STRUCTURE
TOWN OF WALLKILL or TOWN
Unless otherwise expressly stated, the following terms
shall, for the purpose of this chapter, have the meanings herein indicated.
The gathering, collecting or congregating of persons, with or without
the levy of an admission fee.
A structure wholly or partially enclosed within exterior walls and
a roof, of a permanent or temporary nature, affording shelter to persons,
animals or property.
Any individual, firm, company, association, society, corporation
or group.
A place to which the public or a substantial group of persons is
invited or has access.
A combination of materials forming a construction that is safe and
stable, including among other things, stadiums, stages, platforms, radio towers,
sheds, storage bins, tents, billboards and display signs.
Includes the Town Board of the Town of Wallkill.
No person shall use or allow, let or permit to be used property for
the assembly of persons in excess of 5,000 unless a written permit authorizing
such use shall have been obtained from the Town Board.
A.
Application for such permit shall be by verified petition
addressed to the Town Board and shall be filed with the Town Clerk at least
20 days prior to the date upon which such assembly is contemplated.
B.
Such application shall include the following written
material:
(1)
A statement of the name, age and residence address of
the applicant; if the applicant is a corporation, the name of the corporation
and the names and addresses of its directors; if the applicant does not reside
in the Town of Wallkill, the name and address of an agent who shall be a natural
person and shall reside or have a place of business in the Town of Wallkill
and who shall be authorized to and shall agree by verified statement to accept
notices or summonses issued with respect to violations of any law, ordinances,
rules or regulations.
(2)
A statement containing the name and address of the record
owner of the property and the nature and interest of the applicant therein;
the proposed dates and hours of such assembly; the expected minimum number
of persons intended to use the property at one time and collectively; the
expected number of automobiles and other vehicles intended to use the property
at one time and collectively; and the purpose of the function, including the
nature of the activities to be carried on and the admission fee to be charged,
if any.
(3)
A map showing the size of the property; the zoning district
in which it is located; the names of the record owners of the adjoining properties;
the streets or highways abutting said property; the size and location of any
existing building, buildings or structures or of any proposed building, buildings
or structures to be erected for the purpose of the assembly.
(4)
A plan or drawing showing the method to be used for the
disposal of sanitary sewage.
(5)
A plan or drawing showing the method to be used for the
supply, storage and distribution of water.
(6)
A plan or drawing showing the layout of any parking area for automobiles and other vehicles and the means of ingress and egress to such parking area. Such parking area shall conform to the requirements of Chapter 249, Zoning.
(7)
A statement containing the type, number and location
of any radio device, sound amplifier, loudspeaker, sound truck or other similar
sound equipment.
(8)
A statement specifying whether food or beverage is intended
to be prepared, sold or distributed. If food or beverage is intended to be
prepared, sold or distributed, a statement specifying the method of preparation
and distribution of such food or beverage and the method of disposing of any
garbage, trash, rubbish or other refuse arising therefrom. If a person other
than the person applying for the permit will be engaged in the sale and distribution
of food or beverage, the name and address of such person shall be submitted.
All garbage, trash, rubbish or other refuse shall be stored at an unobtrusive
area of the premises in securely covered containers until removed. Such containers
shall be maintained in a sanitary condition and shall be cleaned at least
daily. No garbage, trash, rubbish or other refuse shall be removed from the
premises between the hours of 11:00 p.m. and 7:00 a.m.
(9)
A statement specifying whether any private security guards
or police will be engaged and, if so, the names and addresses of such persons
and the duties to be performed by such persons.
(10)
A statement specifying the precautions to be utilized
for fire protection, and a map specifying the location of fire lanes and water
supply for fire control.
(11)
A statement specifying whether any outdoor lights or signs are to be utilized and, if so, a map showing the number, location, size, type and ruminating power of such lights and signs. Such lights and signs shall conform to the requirements of Chapter 249, Zoning. In addition, no light on any part of the property of the assembly shall be permitted to shine unreasonably beyond the property line of the property. All exterior lights on the property shall be so situated or equipped with shielding devices that no unreasonable glow shall shine beyond the property line of the assembly.
(12)
A statement specifying the facilities to be available
for emergency treatment of any person who might require immediate medical
or nursing attention.
(13)
A statement specifying whether any camping or housing
facilities are to be available and, if so, a plan showing the intended number
and location of the same.
(14)
A statement that no soot, cinders, smoke, noxious acids,
fumes, gases or unusual odors shall be permitted to unreasonably emanate beyond
the property line of the assembly.
(15)
A statement that no music shall be played in any place
of assembly, either by mechanical device or live performances, in such a manner
that the sound emanating therefrom shall be unreasonably audible beyond the
property line of the place of assembly.
(16)
A statement that no loud, unnecessary or unusual noise
shall be permitted to be made, continued or caused to be made or continued
so as to be unreasonably audible beyond the property line of the assembly.
(17)
A statement that no law, ordinance, rule or regulation
applicable to the place of assembly or enforceable by any governmental authority
will be violated, and that the regulations of the New York State Department
of Labor Board of Standards and Appeals for Places of Public Assembly will
be adhered to.
The Town Board, before issuing any permit, shall require the approval
of any or all of the following applicable governmental agencies:
A.
The Orange County Health Department, the Town Sanitary
Inspector, the Town Health Officer and the New York State Water Resources
Commission as to any proposed sanitary sewage disposal system.
B.
The Orange County Health Department, the Town Building
Inspector, the Town Sanitary Inspector, the Town Health Officer and the New
York State Water Resources Commission as to any proposed system for the supply,
storage and distribution of water.
C.
The Orange County Highway Department, the New York State
Department of Transportation, the Orange County Sheriff's Department, the
New York State Police, the Chief Engineer of the controlling fire district,
the Fire Commissioners of the controlling fire district and the Fire Advisory
Board of the Town of Wallkill as to the proposed parking area and the means
of ingress and egress to such parking area.
D.
The Zoning Board of Appeals and Building Inspector as
to the proposed type, number and location of any sound-producing equipment.
E.
The Orange County Health Department and the Town Health
Officer as to the proposed method of preparing, selling or distributing food
or beverage and the removal of trash, rubbish or garbage arising therefrom.
F.
The police of the Town of Wallkill, the Orange County
Sheriff's Department and the New York State Police as to any proposed private
security or police protection.
G.
The Chief Engineer of the controlling fire district,
the Fire Commissioners of the controlling fire district, the Fire Advisory
Board of the Town of Wallkill and the Fire Coordinator of Orange County as
to any proposed fire protection system.
H.
The Zoning Board of Appeals and Building Inspector as
to any proposed outdoor lights and signs.
I.
The Orange County Health Department and Town Health Officer
as to any proposed facilities for emergency medical or nursing treatment.
J.
The Town Building Inspector and the Zoning Board of Appeals
as to any proposed camping or housing facilities.
A.
No permit shall be issued unless the owner and his tenant
or licensee, if any, shall furnish the town with written authorization to
permit the town or its lawful agents to go upon the property for the purpose
of inspecting the same, providing adequate police and fire protection and
protecting persons and property from danger.
B.
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 persons 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 in form to save
the town harmless from any liability or causes of action which might arise
by reason of the granting of the permit and noncancelable without 10 days'
prior written notice to the town.
C.
No permit shall be issued unless the applicant shall
deposit with the Town Clerk cash or good surety company bond, approved by
the Town Clerk, in the minimum sum of $100,000 and conditioned that no damage
will be done to any public or private property and that the applicant will
not permit any litter, debris or other refuse to remain upon any public or
private property by reason of the granting of the permit, which cash shall
be refunded or surety company bond canceled upon certification to the Town
Clerk by the Building Inspector that all conditions of this chapter have been
complied with.
The town may deny the issuance of a permit if it shall find that any of the items as set forth in § 74-4 of this chapter are insufficient to properly safeguard the safety, health, welfare and well-being of persons or property or if the necessary approval of any governmental agency as set forth in § 74-5 of this chapter is not obtained. In no event shall the town withhold its written approval or denial of a permit for a period in excess of 10 days after a full submission to it by an applicant, except by an extension in writing given by the applicant.
If, after a permit is issued, the Town Board, through its lawful agents, determines that any of the items as set forth in § 74-4 of this chapter and as specified in the applicant's verified petition in support of the application for a permit are not adhered to and accomplished within a reasonable time of the date or dates set for the assembly and through the time of the assembly or if the necessary approval of any governmental agency as set forth in § 74-5 is revoked at any time, such permit shall become null and void.
[Amended 3-23-2006 by L.L. No. 3-2006]
The applicant shall pay to the town a fee, which amount shall be set
by resolution of the Town Board, at such time as he submits his application,
which fee shall be returned by the town if such permit is not issued.
This chapter shall not apply to an assembly of persons held on the Orange
County Fairgrounds.
A.
Any person who shall use or allow, let or permit to be
used property for the assembly of persons in excess of 5,000, or any person
who shall cause the gathering, collecting or congregating of persons in excess
of 5,000 persons in public places, without having a written permit in accordance
with the provisions of this chapter, shall be deemed to have violated this
chapter. Any person who commits or permits any act in violation of any of
the provisions of this chapter shall be deemed to have committed a misdemeanor
against such chapter and shall be liable for the penalties provided. A separate
offense against this chapter shall be deemed committed on each day during
or on which a violation occurs or continues. A separate penalty may be imposed
for each separate offense.
B.
For each violation of a provision of this chapter the
person violating the same shall be subject to a fine of not more than $100
or imprisonment not to exceed six months, or to both such fine and imprisonment.
C.
Any person violating this chapter shall be subject to
a civil penalty enforceable and collectible by the town in the amount of $100
for each offense.
D.
In addition to the above-provided penalties, the Town
Board may also maintain an action or proceeding in the name of the town in
a court of competent jurisdiction to compel compliance with or to restrain
by injunction the violation of such chapter.
