[HISTORY: Adopted by the Town Board of the Town of Cheektowaga 10-21-1985 as Ch. 43 of the 1985 Code. Amendments noted where applicable.]
This chapter shall be known as the "Mass Gatherings Ordinance."
The Cheektowaga Town Board, for the purpose of preserving the public peace and good order, preventing and suppressing riots, tumultuous assemblages, unnecessary crowds upon the public highways, unreasonably loud or disturbing noises and disorderly conduct within the Town of Cheektowaga and for the purpose of promoting the health, safety and general welfare of the community, including the protection and preservation of the property of the town and of its inhabitants and peace and good order, finds that it is in the public interest to enact this chapter, which shall apply within the Town of Cheektowaga outside of the limits of the Villages of Depew and Sloan.
Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings herein indicated. Words in the present tense include the future; the singular number includes the plural; the masculine shall include the feminine; "shall" is mandatory, and "may" is permissive.
- A structure wholly or partially enclosed with exterior walls and a roof, of permanent or temporary nature, affording shelter to persons, animals or property.
- MASS GATHERING
- A gathering of more than 1,000 persons within a twelve-hour period at a gathering conducted essentially out of doors.
- Any individual, firm, company, association, society, corporation or group, but not including any corporation or association organized or conducted exclusively for religious, charitable or educational purposes, or any municipal corporation or any department, agency or subdivision thereof or any school district or other special improvement district.
- A combination of materials to form a construction that is safe and stable and includes, among other things, stadiums, stages, prop forms, radio towers, sheds, storage bins, tents, billboards, space signs, bleachers, ramps and seats.
No person shall use, allow, let or permit to be used land for a mass gathering, or hold or promote by advertising or otherwise a mass gathering, until a written permit authorizing such mass gathering has been issued by the Cheektowaga Town Clerk after authorization of such permit by the Cheektowaga Town Board.
Application for such permit shall be by verified petition of the applicant, addressed to the Town Board and filed with the Town Clerk, at least 60 days prior to the date of the mass gathering. The Town Board shall act upon the application within 45 days of such filing. Such application shall include the following information:
A statement of the name, age and residence address of the applicant and, if the applicant is a corporation, the names and addresses of its directors and officers. If the applicant does not reside within the Town of Cheektowaga, the application shall state the name and address of an agent who shall be a natural person residing in or having a place of business in Erie County, New York, who is authorized by the applicant and who shall agree by verified statement to accept notices for summonses issued with respect to the application, the conduct of the mass gathering and the provisions of this chapter.
A statement containing the name and address of the record owner of the property and of any persons having the right to occupy said premises or any part thereof under a written lease, license or permit.
A statement of the proposed dates and hours of such mass gathering, the maximum dates and hours of such mass gathering, the proposed maximum number of persons who will be permitted to attend the mass gathering, the maximum proposed number of motor vehicles which will be permitted at said mass gathering at any one time and in total, the measures and facilities proposed to limit the number of persons attending to the maximum number proposed, the purpose of the mass gathering, the nature of any entertainment to be provided thereat and the names and addresses of any entertainers to be provided by the applicant or its agent and the admission fee to be charged, if any.
A survey of the premises upon which the mass gathering is to be conducted and of any premises to be used for motor vehicle parking or otherwise in connection therewith, together with a statement of the zoning district of such property, the names and addresses of the record owners of adjoining properties, the abutting streets or highways, showing the size and location of existing and proposed buildings or structures to be used in connection with said mass gathering, together with a statement or drawing to scale of the type and materials of each proposed or existing building or structure.
A plan or drawing to scale showing the method and manner in which:
Sanitary facilities are to be provided for the disposal of sewage, garbage, trash and other debris.
The method and manner of providing adequate and suitable off-street parking for motor vehicles for persons attending such mass gathering, including the layout of such parking area or areas, the surface or pavement thereof, the manner of designating parking spaced for individual motor vehicles and access drives, the proposed illumination planned for such areas, a statement of the proposed method of suppressing dust and a description of any maintenance equipment or vehicles.
A statement containing the type, size, wattage, number and location of any sound amplifier or loudspeaker, sound truck or other similar sound equipment.
A statement specifying the method of preparation, service and distribution of any foods and beverages to be prepared, sold or distributed at the mass gathering or in connection therewith by the applicant or his agents or licensees, together with a statement of the method of disposing of garbage, trash, rubbish or any other refuse arising therefrom. If any food or beverage is to be prepared, sold, served or distributed, a plan or drawing to scale must be attached to the application showing the buildings or structures from which the food or beverage is to be prepared, served, sold or distributed.
A statement specifying whether any private security guards or police will be engaged and, if so, the number and duties to be performed, including the hours to be worked and areas of responsibility, and their minimum employment qualifications.
A statement specifying the precautions to be utilized for fire protection, including a plan or drawing, to scale, specifying the location of fire lanes and water supply for fire control.
A statement specifying the facilities and personnel to be available for emergency treatment of any person who may require medical or nursing attention.
No permit shall be issued until a public hearing has been held by and before the Cheektowaga Town Board to consider such application. At least 10 days' notice of the time and place of such hearing shall be published in the official newspapers of the Town of Cheektowaga.
No permit shall be issued until the Town Board shall find the following:
The application filed with the Town Clerk contains all of the information and attachments hereinbefore required.
Toilet facilities adequate in number and suitable in design are proposed for the mass gathering. Such facilities are to be so located as to be conveniently available and shall be so constructed and maintained that they will not be offensive. Such facilities shall be arranged to be separate for each sex.
Adequate provision is made for the collection and disposal of solid wastes, garbage and trash.
Adequate provision is made for off-street parking, including an adequate system of access drives with suitable surface or pavement and night illumination of same with a safe and proper electrical supply and emergency electrical supply for such night illumination.
Adequate provision is made for the proper disposal of existing and reasonably potential surface water.
An adequate sound amplification system may be provided which will enable persons attending the mass gathering to hear transmissions therefrom without creating unreasonable noise on properties outside the mass gathering areas.
The facilities and plans for the preparation, service and distribution of foods and beverages to be sold or distributed at the mass gathering would provide an adequate and sanitary supply of wholesome food to the persons reasonably expected to attend said mass gathering, and the method of disposing of garbage, trash, rubbish and other refuse therefrom is adequate to prevent hazard to health and nuisance on the premises or on adjoining premises.
The applicant's plan for providing private security guards or police is adequate in the number of security guards or police to be provided, the minimum employment qualifications of such guards or police and the hours during which same will be present at the site of the mass gathering.
The applicant's outdoor lighting and illumination plan provides necessary lighting on the mass gathering premises without creating unreasonable illumination of adjoining premises and adjoining highways, and such plan includes adequate emergency electrical generating facilities on the premises in the event of a power failure.
The applicant's plan for emergency medical and nursing treatment is adequate.
The applicant has made adequate provision for fire prevention and fire protection.
Adequate provision is made by fencing to protect adjoining properties.
The mass gathering site is served by public highways sufficient in number and adequate in type and width to prevent unreasonable traffic congestion with the Town of Cheektowaga.
The proposed mass gathering would not unreasonably interfere with the rights of owners and occupants of adjoining and neighboring lands to reasonably use and enjoy such adjoining and neighboring lands, and such mass gathering would not create a public nuisance.
No permit shall be issued until all persons interested in the lands upon which such mass gathering is to be held shall furnish the town with written authorization for the town and its agents to go upon such property at any time from and after the filing of such application and until 20 days after the end of such mass gathering for the purpose of inspecting such premises, the facilities provided and to be provided thereon and the cleaning of such premises and adjoining premises after the termination of the mass gathering. Such authorizations shall be irrevocable during such period.
No permit shall be issued until the applicant has executed, acknowledged and delivered to the Town of Cheektowaga an agreement, in form approved by the Attorney for the town, to indemnify the town in connection with liability and claims arising from or in connection with such mass gathering.
Within five days from the end of such mass gathering, all trash, papers, garbage and other waste material shall be removed from the mass gathering premises, and such premises shall be restored to the same condition in which found at the time of the filing with the Cheektowaga Town Clerk of the application for such mass gathering. All trash, papers, garbage and other refuse shall be removed from the public highways within five days of the termination of such mass gathering for a distance to be specified by the Town Board in the permit granted to the applicant.
The applicant shall post a bond suitable to the Town Board as to amount and surety to insure cleanup and restoration of the area at which such event takes place.
Any permit hereunder may be revoked by the Town Board upon a finding that the applicant has failed to provide the facilities specified in its application or required by the town or in the event that the town shall find that the facilities to be provided by the applicant cannot be reasonably provided within the time remaining until the scheduled date of the mass gathering.
Any person, group of persons, partnership, association or corporation, individually or collectively, who shall violate or aid in, take part in or assist in the violation of this chapter shall be guilty of a violation and, upon conviction, be punished by a fine not exceeding $1,000 as to an individual and not exceeding $5,000 as to a corporation.
Should any section or provision of this chapter be decided by any court to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
This chapter shall take effect immediately upon adoption, publication and posting as required by law.