[HISTORY: Adopted by the Town Board of the
Town of Malta 4-3-1979 by L.L. No. 2-1979. Amendments noted where
applicable.]
The purpose of this chapter is to protect the
public health, welfare, safety, peace and tranquillity by regulating
mass gatherings within the Town of Malta.
[Amended 3-7-1989 by L.L. No. 3-1989; 10-3-2011 by L.L. No. 10-2011]
For the purposes of this chapter, the following
terms shall have the meanings indicated:
Any assembly or gathering of more than 500 people at a temporary
event including, but not limited to, a carnival, circus, fair, musical
festival, concert, sporting event, recreational event, religious event,
political event, celebration or picnic, whether or not an admission
fee is charged.
[Amended 11-8-1979 by L.L. No. 5-1979; 3-7-1989 by L.L. No. 3-1989; 7-5-1989 by L.L. No. 4-1989; 11-3-2010 by L.L. No. 9-2010; 10-3-2011 by L.L. No.
10-2011]
No person 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 Malta as herein provided.
A.
General
application requirements.
(1)
An application for a permit under this section shall be submitted
to the Town Board of the Town of Malta no less than one month plus
one week prior to the next regularly scheduled Town Board meeting,
together with an application fee in the amount of $500. The Building
and Planning Department may extend its review time for an application
in its discretion. In the event the Building and Planning Department
incurs the expense of a third-party in conducting its review (e.g.,
services of an electrician or fire marshal), the applicant shall be
responsible to reimburse the Town for such expense. A permit under
this section may be issued by the Town Board upon the written application
by the person who will conduct the mass gathering and by the owner
of the real property upon which it is to be conducted. The application
shall be made on forms provided by the Building and Planning Department,
and shall identify the area and location of such mass gathering, the
date or dates thereof, the times thereof, and such other information
as required therein, provided there are the following:
(a)
Adequate parking;
(b)
Adequate traffic control;
(c)
Adequate crowd control;
(d)
Adequate provision for public safety;
(e)
Adequate sanitation facilities;
(f)
Adequate medical and first aid facilities;
(g)
Adequate and potable water supply;
(h)
Adequate fire protection; and
(i)
An assurance from the applicant that there will be complete removal
of refuse and cleanup of the area and location within 24 hours following
the gathering.
(2)
Each application shall be further accompanied by such additional
plans, reports, specifications and other material as may be required
by the Town Board or Building and Planning Department respecting the
provisions of water supply, sewerage facilities, drainage, refuse
storage and disposal facilities, food services, medical facilities
and fire protection. The Town Board may, in its discretion, place
any conditions on any approval given pursuant to this chapter as it
may deem appropriate to ensure the health, safety and welfare of the
public.
B.
If
the applicant is a corporation, the name of the corporation and the
names and addresses of its president and contact information for the
application, shall be set forth. Furthermore, if the applicant resides
or has its principle office 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 process issued with respect
to the application, the conduct of the mass gathering, or any matter
involving it arising out of the application, construction or enforcement
of this chapter.
C.
Each
applicant shall include in this application:
(1)
The name, address and record owner or owners of the property or properties
where the mass gathering shall occur and the nature and interest of
the applicant therein.
(2)
The proposed dates and hours of such mass gathering.
(3)
The expected number of automobiles and vehicles intended to use (e.g.,
be parked on) the property or properties at one time and collectively.
(4)
The purpose of the mass gathering, including the nature of the activity
to be carried on and the admission fee to be charged, if any.
D.
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)
The method and manner in which 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 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.
E.
Each
applicant shall submit a statement specifying whether food or beverages
are 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.
F.
Each
applicant for a permit shall submit proof of an adequate comprehensive
liability insurance policy issued by an insurance company insuring
the Town of Malta, its officers and employees from liability to persons
or property, and naming the Town of Malta, its officers and employees
as being co-insured 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 Malta.
[Amended 1-2-1996 by L.L. No. 1-1996; 10-3-2011 by L.L. No.
10-2011]
A.
No
mass gathering authorized pursuant to the provisions of this chapter
shall extend or be conducted beyond those hours set by the Town Board.
B.
In
order to protect the health, safety and welfare of persons in attendance,
all parking shall be as close to the activity sponsored by the applicant
as practicable.
Any permit granted hereunder may be revoked by the Town Board
of the Town of Malta or suspended by the Building and Planning Department,
if 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.
[Amended 10-3-2011 by L.L. No. 10-2011]
The Town of Malta will notify the applicant of the grant or
denial of its application in writing.
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 any permit be used on any location other
than the location stated in the permit application.
[Amended 1-2-1996 by L.L. No. 1-1996; 10-3-2011 by L.L. No.
10-2011]
A.
A
failure to comply with the provisions of this chapter shall be deemed
a misdemeanor, and the violator shall be liable for a fine of up to
$1,000 for each such offense and/or imprisonment for not more than
one year.
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. The applicant shall be fully liable for
the cost of any such enforcement action on the part of the Town in
the event he or it is found to have violated the conditions of the
permit, including court costs and reasonable attorney's fees.
