[HISTORY: Adopted by the Town Board of the Town of Greenfield 6-8-1989
by L.L. No. 3-1989. Amendments noted where applicable.]
The purpose of this chapter is to protect the public health, welfare,
safety, peace and tranquility of the Town of Greenfield by regulating mass
gatherings within the Town of Greenfield.
For the purposes of this chapter, the following terms shall have the
meanings indicated:
Any assemblage or gathering of people with or without the levy of
an admission fee; however, such term "mass gathering" shall not include any
activity having less than 150 people in attendance, nor shall the term apply
to the operations, activities or affairs of any duly established municipal,
educational, historical, fire-fighting, religious or agricultural/horticultural
organization or institution located in the Town of Greenfield nor to any political
party qualified for a line on the ballot in a general election nor to any
bona fide family reunion.
No person, firm, corporation or company shall hold or promote, by advertising
or otherwise, a mass gathering unless a permit shall have been issued therefor
by the Town Board of the Town of Greenfield as herein provided and the fee
paid.
A.
An application for a permit under this section shall
be submitted to the Town Clerk of the Town of Greenfield no less than 60 days
prior to the proposed activity. A permit under this section may be issued
by the Town Board upon the written application by the person who will promote
or hold the mass gathering. The application may be in letter form and shall
contain the following information:
(1)
The exact location of the mass gathering.
(2)
The name and address of the person or persons holding
or promoting the mass gathering.
(3)
The date or dates and the hours of the proposed mass
gathering.
(4)
The name and address of the owner or owners of the property
or properties where the mass gathering will occur.
(5)
The nature of the interest of the applicant in the property
or properties.
(6)
The expected number of people in attendance.
(7)
The expected number of vehicles intended to use the property
or properties at one time and collectively.
(8)
The admission fee to be charged.
(9)
The purpose of the mass gathering, including the nature
of the activities to be carried on.
(10)
A statement containing the type, number and location
of any radio device, sound amplifier, loudspeaker, sound track or other similar
sound equipment.
(11)
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.
(12)
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 illuminating power of such lights and signs.
(13)
A statement specifying the facilities to be available
for emergency treatment of any person who might require immediate medical
or nursing attention.
B.
Each application shall be further accompanied by such
additional plans, reports, specifications and other material as may be required
by the Town Board by regulation, respecting the proposed provisions for adequate
parking, adequate traffic control, adequate crowd control, adequate sanitation
facilities, adequate medical and first-aid facilities, adequate potable water
supply, adequate fire protection, adequate drainage, adequate food services
and adequate refuse, storage and disposal facilities and adequate plans for
cleanup.
C.
Each applicant shall submit a plan or drawing to scale
showing the method and manner in which:
(1)
Sanitary facilities are to be provided for the disposal
of human wastes.
(2)
Water will be supplied, stored and distributed to those
persons attending.
(3)
The layout of any parking area for motor vehicles, including
the means of egress from and ingress to such parking areas, with such plan
to reflect the best and safest means of traffic control and safety for persons
attending and the general public.
D.
Each applicant shall submit a statement specifying whether
food or beverage is intended to be prepared, sold and distributed. If food
or beverages are intended to be prepared, sold or distributed, each applicant
shall submit a statement specifying the manner of preparation and distribution
of such and the method of disposing of garbage, trash, rubbish or any other
refuse arising therefrom.
E.
Each applicant for a permit shall submit proof of an
adequate comprehensive liability insurance policy, issued by an insurance
company, insuring the Town of Greenfield, its officers and employees from
liability to persons or property with limits of not less than $1,000,000 and
naming the Town of Greenfield, its officers and employees as being coinsured
persons or as additional insured parties. Such policy shall not be cancelable
by the insurer without 10 days' prior written notice to the Town of Greenfield.
F.
Each applicant shall deposit with the Town Clerk cash
or good surety company bond, approved by the Town Board, in the minimum 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 after 72 hours after
the termination date of the permit, which cash shall be refunded or surety
company bond canceled upon certification to the Town Board by the Town Code
Enforcement Officer that all conditions of this chapter have been complied
with.
G.
If the applicant is a corporation, the name of the corporation
and the names and addresses of its directors shall be set forth. Furthermore,
if the applicant resides outside the County of Saratoga, the applicant shall
set forth the name and address of an agent, who shall be a natural person,
who shall reside in or have a place of business in the County of Saratoga
and who shall be authorized to and shall agree by an acknowledged statement
to accept notices or summons issued with respect to the application, the conduct
of the mass gathering and any matter involving it arising out of the application,
construction or enforcement of this chapter.
H.
A separate permit is required for each such event.
I.
If the Town Board of the Town of Greenfield shall decide
upon a showing of good cause that certain conditions or requirements as hereinbefore
set forth shall not be applicable to a particular set of circumstances, then
the Board may modify the foregoing requirements on a case-by-case basis. Also,
in a unique situation where, in the discretion of the Town Board, it appears
that different conditions may be necessary to maintain peace and order or
to protect neighboring properties, then such additional or substitute conditions
may be imposed by the Board.
Any person or organization holding a permit under this chapter and every
place of public assemblage shall comply with the following provisions, the
violation of which shall be unlawful:
A.
No mass gathering authorized pursuant to the provisions
of this chapter shall extend or be conducted beyond 12:00 midnight of any
day, nor shall any authorized mass gathering commence activity on any day
prior to 9:00 a.m.
B.
No mass gathering herein shall extend for a period in
excess of five consecutive days.
C.
All vehicular parking shall be contiguous to the activity
sponsored by the applicant.
D.
No light on any part of the premises licensed hereunder
or on any place of public assemblage shall be permitted to shine beyond the
property line of the premises with an intensity sufficient to disturb the
peace, health, safety or comfort of any adjacent residents or the general
public. 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 mass meeting.
E.
No soot, cinders, smoke, fumes, gases or disagreeable
or unusual odors shall be permitted to emanate from the premises so as to
be detrimental to any person or to the public or which either annoys, disturbs,
injures, endangers or which may disturb, injure or endanger the health, safety
and welfare of any person or the public.
F.
At no time shall music be played by mechanical device
or live performance which annoys, disturbs, injures, endangers or which might
annoy, disturb or endanger any person or the public in its health, comfort,
safety, repose and peace.
G.
No loud, unnecessary or unusual, abusive or profane language
shall be permitted to be made or caused to be made or continued at any time
which either annoys, disturbs, injures or endangers the comfort, repose, health,
peace and safety of other persons or the public.
H.
There will be complete removal of refuse and complete
cleanup of the area and location within 72 hours following the mass gathering.
Any permit granted hereunder may be revoked by the Town Board of the
Town of Greenfield if it finds that the mass gathering area for which a permit
was issued is maintained, operated or occupied in violation of this chapter
or the Sanitary Code of the State of New York or of the health district in
which such mass gathering takes place.
If the Town Board of the Town of Greenfield shall deny an application
for a permit under this chapter, the Town Clerk of the Town of Greenfield
shall notify the applicant in writing of the disapproval and shall include
therein the reasons for such disapproval.
No permit issued by the Town Board shall be transferred or assigned
to any person or used by any person other than the person to whom it was issued,
nor shall such permit be used at any other time or on any location other than
the date and location stated in the permit application.
A.
A failure to comply with the provisions of this chapter
shall be deemed a violation, and the violator shall be liable to a fine of
not more than $1,000 for each such violation, or a violator may be subject
to imprisonment for a period not exceeding 60 days, or both.
B.
In addition to the above-provided penalties, the Town
Board may maintain any action or proceeding in the name of the Town in a court
of competent jurisdiction to compel compliance with or restrain by injunction
any violation of this chapter.
