[HISTORY: Adopted by the Town Board of the Town of Cazenovia 8-9-1976
by L.L. No. 1-1976. Amendments noted where applicable.]
GENERAL REFERENCES
Public entertainment — See Ch. 81.
This chapter shall be known and may be cited as the "Town of Cazenovia
Mass Gathering Local Law No. 1-1976.”
The Town Board of the Town of Cazenovia, in order to promote proper
government and ensure the proper protection, order, conduct, safety, health,
welfare and well-being of persons and property within the Town of Cazenovia,
Madison County, New York, finds that it is in the public interest to enact
this chapter, which shall regulate the assembly of persons where such assembly
exceeds 1,000 persons at any place within the Town of Cazenovia, exclusive
of the Village of Cazenovia, Madison County, New York.
A.
Word usage. Words used in the present tense include the
future, the singular number includes the plural, and the masculine shall include
the feminine. The word "shall" is mandatory; "may" is permissive.
B.
BUILDING
MASS GATHERING
PERSON
STRUCTURE
Definitions. For the purpose of this chapter, the terms
used herein are defined as follows:
A structure wholly or partially enclosed with exterior walls and
a roof, of permanent or temporary nature, affording shelter to persons, animals
or property.
The gathering, collecting or congregating of persons out of doors
in excess of five hours at any place within the Town, exclusive of the village,
with or without the levy of an admission fee, for a common purpose such as,
but not limited to, sports events, circuses, carnivals, festivals, music festivals,
religious observances, etc.
Any individual, firm, company, association, society, corporation
or group.
A combination of any materials to form a construction that includes,
among other things, stadiums, stages, prop forms, radio towers, sheds, storage
bins, tents, billboards, space signs, bleachers, ramps and seats.
The provisions of this chapter shall not apply to the following:
A.
Any territory within the village limits of the Village
of Cazenovia.
B.
A gathering sponsored, organized and under the direct
control of an established public school located within the Town of Cazenovia.
C.
A gathering sponsored, organized and under the direct
control of an established church maintaining a permanent structure for a place
of worship with support membership consisting of people within the Town of
Cazenovia, Madison County, New York.
D.
A gathering sponsored, organized and under the direct
control of the established volunteer fire companies operating within the Town
of Cazenovia.
E.
A gathering sponsored, organized and under the direct
control of a nationally established veterans organization or civil group within
the Town as recognized and approved by the Town Board.
A.
No person shall use, allow, let or permit to be used
property for the assembly of persons in excess of 1,000 persons, nor shall
any person use, allow, let or permit to be used property for any part or portion
of such gathering of persons, which total gathering in the aggregate is in
excess of 1,000 persons, unless upon written permit authorizing such use and
gathering issued by the Town Board through its Clerk.
B.
Application for such permit shall be by verified petition
on forms to be furnished by the Town, addressed to the Town Board, filed with
the Town Clerk at least 30 days prior to the date upon which such use and
assembly are requested.
C.
Application for a permit to promote or hold a mass gathering
shall be made to the Town permit-issuing official, on a form and in a manner
prescribed by the Town Board, by the person who will promote or hold the mass
gathering or by the owner of the property upon which said gathering shall
be held.
D.
Water and sewage facilities shall be constructed and
operational not later than 48 hours prior to the first day of the mass gathering.
E.
The application shall be accompanied by such plans, reports
and specifications as the Town permit-issuing official shall deem necessary,
which said plans, reports and specifications shall include, but not be limited
to, plans, reports, and specifications to provide adequate and satisfactory
water supply and sewerage facilities, adequate drainage, adequate toilet and
lavatory facilities, adequate refuse, storage and disposal facilities, adequate
sleeping areas if necessary, adequate facilities for wholesome and sanitary
food service, and also adequate medical facilities, adequate fire protection,
and such other matters as may be appropriate for security of life or health.
F.
All applications for a permit to conduct a mass gathering
shall be accompanied by the following information:
(1)
The name, age, residence, mailing address and telephone
number of the applicant and a statement of the applicant's legal status, such
as individual, partnership, corporation, etc. If the applicant is a partnership,
state the names and addresses of all partners, and if a corporation, the names
and addresses of all corporate officers, together with a list of the names
and addresses of all persons directly in charge of the activity.
(2)
The location and legal description of the property where
the activity is proposed, including all lands to be used directly, indirectly
and incidental to the proposed activity or any part thereof. Also attach to
the application statements disclosing the nature of the interest of the applicant
relating to such property.
(3)
The date or dates and hours during which the activity
is to be conducted.
(4)
If the gathering is to continue from one day to another,
a statement specifying housing facilities available or to be made available
on the premises shall be submitted.
(5)
The program and plans of the activity in its entirety,
with particular emphasis on the following:
(a)
A statement specifying the detailed plans for parking
facilities off public roadways able to serve all reasonably anticipated requirements
at a rate of up to 150 passenger cars per acre or 50 buses per acre.
(b)
A statement from the County Sheriff, State Police, New
York State Department of Transportation, or other law enforcement agency certifying
that the traffic control plan is satisfactory.
(c)
An outline map of the area to be used, drawn to scale,
showing the location of all privies or toilets and handwashing facilities,
all water supply sources (lakes, ponds, streams, wells, storage tanks, etc.),
all areas of assemblage, including separate overnight camping areas for sleeping,
including number of occupants, all food service areas and all refuse storage
handling and disposal areas, and emergency access and egress roads.
(d)
A plan for limiting attendance, including methods of
entering the area, number and location of ticket booths and entrances, and
provisions for keeping non-ticket holders out of the area.
(e)
A statement agreeing to complete all construction and
installation of services and facilities, including water supply, toilet and
handwashing facilities, sewage disposal, roads, food service equipment, and
refuse handling facilities, at least 48 hours prior to the commencement of
the event.
(f)
A statement specifying whether food or beverage is intended
to be prepared, served or distributed. If food or beverages are intended to
be prepared, sold or distributed, a statement shall be submitted specifying
a detailed plan for a sanitary food service, including a description of food
sources, menu, mandatory use of single-service dishes and utensils, refrigeration,
food handling and dispensing in compliance with the New York State Sanitary
Code then in effect.
(g)
A detailed plan for use of signs to locate all facilities
and roadways.
(h)
A statement from local fire authorities having jurisdiction
over the area verifying that they are aware of the event and are willing to
cooperate if needed.
(j)
A communication system satisfactory to the Town permit-issuing
official shall be established for gatherings in excess of 2,500 persons.
(k)
A statement specifying whether any private security guards
or police will be engaged, together with plans for security enforcement.
(6)
The location and construction of toilet and handwashing
facilities designed to serve fully all reasonably anticipated requirements
which meet the requirements of the New York State Sanitary Code.
(7)
The location and construction of water supply facilities
designed to serve fully all reasonably anticipated requirements at a rate
of one pint of potable water per person per hour, for the maximum estimated
hourly attendance.
(8)
Detailed plans for internal storage and collection of
refuse, including provisions for disposal and cleaning of the property and
immediate surrounding properties within 48 hours after the event.
(9)
A statement containing the type, number and location
of any radar device, sound amplifier, loudspeaker, sound truck or other similar
equipment, including detailed plans for amplifying equipment designed to control
the noise level at the perimeter of the site to no more than 85 decibels on
the A scale of a sound-level meter which meets the specifications of the American
National Standards Institute.
(10)
Detailed plans for lighting designed to illuminate the
areas of the site.
(11)
A plan showing that the proposed activity is adequately
buffered, as determined by the Town permit-issuing official and/or Town Board,
from all residential areas within 500 feet.
G.
Public liability and property damage insurance. The applicant
shall provide evidence of public liability and property damage insurance in
such form and amount as shall be determined by the Town permit-issuing official
and/or Town Board to be reasonable in relation to the risks and hazards involved
and in relation to or in any way arising out of the proposed activity, together
with a hold harmless agreement to the Town of Cazenovia and the public at
large for any loss or damage above and beyond insurance coverage.
H.
Additional requirements of a permittee for a mass gathering.
(1)
A maintenance and, if deemed necessary, an internal security
staff acceptable to the Town permit-issuing official and/or Town Board shall
be provided.
(2)
The operator of a mass gathering shall see to it that
no flammable or volatile liquids or materials shall be stored in or adjacent
to the area of the gathering, unless adequate fire-fighting equipment is available.
I.
A separate permit shall be required for each mass gathering.
No mass gathering shall be allowed to continue for a period of more than three
days without a new permit being issued.
J.
A permit may be revoked by the Town Board, the permit-issuing
official of the Town, the Madison County Health Department, or the State Commissioner
of Health, if any of them find that the mass gathering for which the permit
was issued is maintained, operated or occupied in violation of this chapter
or the sanitary code of the health district in which the mass gathering is
located. A permit may be revoked upon request of the permittee or upon abandonment
of the operation.
K.
A permit issued for the operation of a mass gathering
shall be posted or kept on file and made available by the operator on request
of any person.
L.
No permit shall be issued unless the owner and his tenant
or lessee, if any, shall furnish the Town with written authorization to permit
the Town or its lawful agents to go upon the property at any time for the
purpose of inspecting the same, the facilities provided thereon and the cleaning
of the premises after the termination of the assembly.
M.
Any permit issued may be revoked by the Town Board through
its Clerk if at any time it should be determined that the applicant has failed
to provide the facilities as specified in the application or that the setting
up of the facilities provided for in the application cannot be reasonably
accomplished within the time or date set for the mass gathering.
A.
Each application shall be accompanied by a fee in the
amount as set by the Town Board at the annual reorganization meeting at the
time of its submission. The fee shall compensate the Town for its examination
and processing of such application and shall not be refundable in whole or
in part.
B.
The applicant shall further provide a security deposit
as set by the Town Board at the annual reorganization meeting to the Town
to insure the removal of trash and other waste material, as provided for by
this chapter, which deposit shall be returned to the applicant within 10 days
from the date of termination of the assembly after deduction therefrom of
all expenses caused by the applicant's noncompliance with this chapter and
nonremoval of said trash and other waste material.
A.
Any person who shall use, allow, let or permit to be
used property for the mass gathering of persons in excess of 1,000 persons,
or shall use, allow, let or permit to be used property for any part or portion
of such assembly, which total gathering in the aggregate is in excess of 1,000
persons, or any person who shall cause the gathering, collecting or congregating
of persons in excess of 1,000 persons at any place within the Town, exclusive
of the village, without first obtaining a written permit in accordance with
the provisions of this chapter shall be deemed to have violated this chapter
and committed a violation and shall be liable for the penalties provided.
Any person who commits or permits any act in violation of any provisions of
this chapter shall be deemed to have violated this chapter and committed a
violation and shall be liable for the penalties provided.[1]
B.
For each violation of the provisions of this chapter,
the person violating the same shall be subject to a fine of not more than
$250 or imprisonment not to exceed 15 days, or to both such fine and imprisonment.[2]
C.
In addition to the penalties provided for above, the
Town Board may 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 this chapter.
