[HISTORY: Adopted by the Town Board of the
Town of Kent 7-12-1971 by L.L. No. 3-1971. Amendments noted where
applicable.]
The Town Board, 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
Kent, Putnam County, New York, finds that it is in the public interest
to enact this chapter pursuant to the Municipal Home Rule Law of the
State of New York. This chapter shall regulate the assembly of persons
where such assembly of persons exceeds 500 persons at any place within
the Town of Kent, Putnam County, New York.
A.Â
ASSEMBLY
BUILDING
PERSON
SHALL
STRUCTURE
Definitions. Unless otherwise expressly stated, the
following terms shall, for the purpose of this chapter, have the meanings
herein indicated:
The gathering or collecting or congregating of persons at
any place within the Town, 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.
A structure wholly or partially enclosed with exterior walls
and a roof, of permanent or temporary nature, affording shelter to
persons, animals or property.
Any individual, firm, company, association, society, corporation
or group.
Is mandatory; MAY -- is permissive.
A combination of materials to form a construction that is
safe and stable, including, among other things, stadiums, stages,
prop forms, radio towers, sheds, storage bins, tents, billboards,
space signs, bleachers, ramps and seats.
B.Â
Word usage. Words used in the present tense include
the future; the singular number includes the plural, and the masculine
shall include the feminine.
A.Â
No person shall use, allow, let or permit to be used
property for the assembly of persons in excess of 500, nor shall any
person use, allow, let or permit to be used property for any part
or portion of such assembly of persons, which total assembly in the
aggregate is in excess of 500 persons, unless upon written permit
authorizing such use and assembly issued by the Town Board through
its Clerk.
B.Â
Application for such permit shall be by verified petition
on forms to be furnished by the Town, addressed to the Town Board
and filed with the Town Clerk at least 60 days prior to the date upon
which such use and assembly shall occur. The Town Board shall act
upon the application within 30 days after its submission, after a
public hearing pursuant to notice published at least once in the official
newspaper 10 days prior to such hearing. The application shall include
the following information:
(1)Â
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 and officers;
if the applicant does not reside within the Town of Kent, the name
and address of an agent, who shall be a natural person and who shall
reside in or have a place of business in the County of Putnam, and
who shall be authorized to and shall agree by verified statement to
accept notices or summonses issued with respect to the application,
the conduct of the assembly or use in any manner involving it arising
out of the application, construction or application of this chapter.
(2)Â
A statement containing the name and address of the
record owner of the property where the assembly and use shall occur,
and the nature and interest of the applicant therein; the proposed
dates and hours of such assembly and use; the expected maximum number
of persons intended to use the property at one time and collectively;
the expected number of automobiles and vehicles intended to use the
property at one time and collectively; and the purpose of the assembly
and use, including the nature of the activity to be carried on and
the admission fee to be charged, if any.
(3)Â
A map prepared by a licensed land surveyor or licensed
public engineer, showing:
(4)Â
A plan or drawing, to scale, prepared by a licensed
public engineer or licensed land surveyor, showing the method and
manner in which:
(5)Â
A plan, drawn to scale, showing the layout of any
parking area for motor vehicles, including the means of egress and
ingress to such parking area.
(6)Â
A statement containing the type, number and location
of any radar device, sound amplifier or loudspeaker, sound truck or
other similar sound equipment.
(7)Â
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 specifying
the method of preparation and distribution of such food or beverage
and the method of disposing of garbage, trash, rubbish or any other
refuse arising therefrom.[4] If food or beverage is to be prepared, sold and distributed,
a plan or drawing, to scale, must be attached to the application,
showing the buildings or other structures from which the food or beverages
shall be prepared, sold or distributed.
(8)Â
A statement specifying whether any private security
guards or police will be engaged, and, if so, the number of such persons
and duties to be performed by such persons, including the hours to
be worked and areas of responsibility.
(10)Â
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.
(11)Â
A statement specifying the facilities to be available
for emergency treatment of any person who may require medical or nursing
attention.
(12)Â
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.
(13)Â
A statement specifying the contemplated duration of
the assembly and use.
(14)Â
If the assembly and use are to continue from one day
into another, a statement specifying housing facilities available
or to be made available on the premises.
C.Â
No permit shall be issued unless it is clearly shown
that all of the following are provided for and approved in writing
by the Putnam County Health Department and the Town Board of the Town
of Kent:
(1)Â
Drinking water adequate in quantity and quality satisfactory
to the permit-issuing official.
(a)Â
Drinking water shall be readily available to all persons
attending the assembly or use.
(b)Â
Only drinking water shall be so delivered or piped
as to be easily accessible.
(c)Â
A well or spring used as a source of drinking water
and the structure used for the storage of drinking water shall be
so constructed and located as to protect the contents against pollution.
(d)Â
A pipe or pump delivering the drinking water shall
be of the type and installation acceptable to the permit-issuing official.
(e)Â
There shall be no physical connection between a pipe
carrying drinking water and a pipe carrying water not of a quality
satisfactory to the permit-issuing authority.
(f)Â
A fixture, installation or equipment from which backsiphonage
may occur shall not be supplied water from a pipe carrying drinking
water.
(g)Â
All pipes carrying drinking water shall be buried
to a sufficient depth below the surface of the ground to prevent their
damage or destruction.
(h)Â
A common drinking container shall not be provided
or allowed to be used.
(i)Â
Any drinking fountain shall be of approved sanitary
design and construction.
(j)Â
Where water treatment process is employed, an accurate
and complete report of the process and operation thereof shall be
maintained daily, and no change of the source or in the method or
treatment of a drinking-water supply shall be made without first notifying
the permit-issuing official and securing his written approval to do
so.
(2)Â
Toilet facilities adequate for the capacity of the
assembly or use.
(a)Â
Facilities shall be so located as to be conveniently
available and shall be so constructed and maintained that they will
not be offensive.
(b)Â
Toilet facilities for groups of people consisting
of both sexes shall be so arranged that the facilities shall be separate
for each sex.
(c)Â
No privy shall be so located or constructed that it
will by leakage or seepage possibly pollute a water supply, surface
water or adjacent ground surface, and it shall be constructed in accordance
with the requirements of the State Department of Health and shall
be maintained so that it will not permit access of flies to the privy
vault.
(3)Â
Adequate facilities for the satisfactory disposal
or treatment and disposal of sewage shall be maintained. Such facilities
shall meet with the standards and requirements of the New York State
Department of Health and the Putnam County Health Department.
(5)Â
Adequate supply of food, including provisions for
sanitary storage, handling and protection of food and beverages until
served or used. A showing must be made that where food is to be prepared
or consumed, there are facilities for washing, disinfecting and storing
dishes and food utensils.
(6)Â
Adequate off-street and off-road facilities for the
contemplated number of people attending the assembly or use. Parking
space shall be provided for at least one car for every four persons
in attendance.
(7)Â
Adequate housing facilities for the contemplated number
of people in attendance if it is contemplated that the assembly or
use shall extend from one day to another.
(8)Â
An adequate number of access roads to and from the
site of the assembly or use.
(9)Â
Adequate medical facilities, including a first-aid
station. It must be shown that at least one doctor will be in attendance
at all times and that at least one registered nurse for each 500 people
in attendance will be on duty at all times.
D.Â
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.
E.Â
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 $250,000/$500,000 for bodily injury or death,
and limits of not less than $250,000 for property damage, sufficient
to save the Town harmless from any liability or cause of action which
might arise by reason of the granting of the permit and not cancellable
without 10 days' prior written notice to the Town.
F.Â
Within five days from the date of the termination
of the assembly, trash, papers, garbage and other waste material shall
be completely removed from the premises in a safe, clean and sanitary
manner,[9] and a bond shall be posted with the Town Clerk, in an
amount fixed by the Town Board, to ensure said performance.
G.Â
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 assembly or use.
Each application shall be accompanied by a fee
in an amount as set from time to time by resolution of the Town Board[2] at the time of its submission. The fee shall compensate
the Town for its examination and the processing of such application
and shall not be refundable in whole or in part.
A.Â
Any person who shall use, allow, let or permit to
be used property for the assembly of persons in excess of 500, or
shall use, allow, let or permit to be used property for any part or
portion of such assembly, which total assembly in the aggregate is
in excess of 500 persons, or any person who shall cause the gathering,
collecting or congregating of persons in excess of 500 at any place
within the Town, without first obtaining a written permit in accordance
with the provisions of this chapter, shall be deemed to have violated
this chapter and to have committed a misdemeanor against the chapter
and shall be liable for the penalties provided. Any person who commits
or permits any act in violation of any provision of this chapter shall
be deemed to have violated this chapter and to have committed a misdemeanor
against the chapter and shall be liable for the penalties provided.
B.Â
For each violation of the provisions of this chapter,
the person violating the same shall be subject to a fine of not more
than $500 nor less than $100 or imprisonment not to exceed one year,
or to both such fine and imprisonment.
C.Â
In addition to the above-provided penalties, 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.