[HISTORY: Adopted by the Town Board of the Town of Barton 5-10-1999
by L.L. No. 1-1999. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 101.
This article shall be known as the "Mass Gathering Law of the Town of
Barton."
The Town Board of the Town of Barton in the County of Tioga, State of
New York, under the authority of the General Municipal and Town Law, hereby
ordains, enacts and publishes this article for the purpose of promoting the
health, safety, morals and general welfare of the inhabitants of the Town
of Barton, including the protection and preservation of the property of the
residents of the Town of Barton, by establishing specific requirements and
regulations governing the holding, promoting, advertising and occurrence of
public musical entertainments, amusements, assemblies, sporting events and
other events and attractions likely to attract an attendance or assembly of
500 or more persons.
For the purposes of this article, the following terms, words and phrases
shall have the meaning ascribed to them in this section.
The person (as defined below) who makes application for a permit
pursuant to this provision of the Town Code.
Invitees and attendees at the mass gathering, exclusive of performers
and workers and staff for the event, whether or not such members of the audience
have paid a fee to attend the event or not.
Water provided or used for human consumption, food preparation or
for lavatory, culinary, bathing or laundry purposes.
Any outdoor musical entertainment, amusement, assembly, sporting
event or other event or occurrence likely to attract an attendance or assembly
of 500 or more persons.
Shall include individuals, partnerships, joint ventures and corporations.
To advertise, through media, word-of-mouth, posters and displays,
and whether or by wire, telephonic, television, radio or any other means of
communication.
All putrescible and nonputrescible solid waste, including garbage,
rubbish, ashes, incinerator residue, street cleanup, dead animals, offal and
solid commercial wastes.
Excreta and the waste from a flush toilet, bath, sink, lavatory,
dishwashing or laundry machine, or the water-carried waste from any other
fixture or equipment or machine.
A.
No person shall hold or promote, by advertising or otherwise,
a mass gathering unless a permit has been issued for the gathering by the
Town Board.
B.
Application for a permit to promote or hold a mass gathering
shall be made to the Town Board, on a form and in a manner prescribed by the
Town Board, by the person who will promote or hold the mass gathering. Application
for a permit to hold a mass gathering shall be made at least 15 days before
the first day of advertising and at least 45 days before the first day of
the mass gathering. Water and sewage facilities shall be constructed and operational
not later than 48 hours before the first day of the mass gathering. The application
shall be accompanied by such plans, reports and specifications as the Town
Board shall deem necessary. The plans, reports and specifications shall provide
for adequate and satisfactory water supply and sewage facilities, adequate
drainage, adequate toilet and lavatory facilities, adequate refuse storage
and disposal facilities, adequate sleeping areas and facilities, wholesome
food and sanitary food service, adequate medical facilities, insect and noxious
weed control, adequate fire protection and such other matters as may be appropriate
for security of life or health.
C.
A separate permit shall be required for each mass gathering.
D.
A permit may be revoked by the Town Board if it finds
that the mass gathering for which the permit was issued is maintained, operated
or occupied in violation of law or of this article or of the Sanitary Code
of the State of New York. A permit shall be revoked upon request of the permittee
or upon abandonment of the operation.
E.
A permit issued for the operation of a mass gathering
shall be posted or kept on file and made available by the applicant on request.
All applications for a permit to conduct a mass gathering shall be accompanied
by an engineering report containing the following information:
A.
The name, age, residence, mailing address and telephone
number of the applicant; a statement of the applicant's legal status,
such as individual, partnership, corporation, etc. If the applicant is a partnership,
state the names, addresses, etc., of all partners and, if a corporation, the
names and addresses of all corporate officers and stockholders, together with
a certified copy of the articles of incorporation and a list of the names
and addresses of all persons directly in charge of the activity.
B.
The location and legal description of the property where
the activity is proposed, including all lands, to be used directly or indirectly
or incidental to the proposed activity or any part thereof; the ownership
of such lands; attach to the application certified copies of documents disclosing
the nature of the interest of the applicant relating to such property.
C.
The date or dates and the hours during which the activity,
including travel time, is to be conducted and the total time period.
D.
The program and plans of the activity, in its entirety,
with particular emphasis on the following:
(1)
The detailed plans for parking facilities off public
roadways able to serve all reasonable anticipated requirements at a rate of
up to 100 passenger cars per acre or 30 buses per acre.
(2)
Detailed plans for transportation arrangements from noncontiguous
parking facilities to the site to fully serve all reasonable anticipated requirements
at a rate of no less than 20,000 persons per hour, including a statement from
the Tioga County Sheriff, State Police, New York State Department of Transportation
or other law enforcement or other governmental agency certifying that the
traffic control plan is satisfactory.
(3)
An outline map of the area to be used, to an appropriate
scale, showing the location of all privies or toilets and hand-washing facilities,
all water supply sources, (lakes, ponds, streams, wells, storage tanks, etc.)
all areas of assemblage, including separate overnight camping areas for sleeping,
all food service areas and all refuse storage handling and disposal areas,
and emergency access and egress roads.
(4)
The total number of persons permitted at the event, including
performers, staff members and audience, which shall be determined by providing
a net assembly area of at least 50 square feet per person in addition to providing
at least 50 square feet per person in a separate camping area for 50% of the
population.
(5)
A plan for limiting attendance, including methods of
entering the area, number and location of entry gates and/or ticket booths
and entrances, and provisions for keeping non-invitees and/or non-ticket-holders
out of the area.
(6)
A statement agreeing to complete all construction and
installation of services and facilities, including water supply, toilet and
hand-washing facilities, sewage disposal, roads, food service equipment and
refuse handling facilities and all work for noxious weeds and insect control
at least 48 hours prior to the commencement of the event.
(7)
A detailed plan for food service, including a description
of food sources, menu, mandatory use of single service dishes and utensils,
refrigeration, food handling and dispersing in compliance with Part 14 of
the New York State Sanitary Code.
(8)
A detailed plan for use of signs to locate all facilities
and roadways.
(9)
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.
(11)
A statement from the local Civil Defense Director indicating
that he has been advised of the event and has approved the plan from a civil
defense standpoint.
(12)
A command post to be used by State Department of Health
personnel or the permit issuing official or his lawful representatives, or
both, consisting of a minimum of one building or trailer equipped with a communication
system satisfactory to the permit issuing official.
(13)
A statement that if adult mosquito and biting fly populations
are found to be in excess of 15 specimens per trap night, the applicant agrees
to ensure that proper adult mosquito measures are instituted no earlier than
72 hours nor later than 48 hours before the advertised start of the event
in order to reduce such populations to a satisfactory level.
(14)
A detailed plan for elimination of noxious weeds 48 hours
before commencement of the mass gathering.
(15)
Detailed plans for security enforcement, including prevention
of the unlawful use of alcohol, narcotics or dangerous drugs at the site,
methods for limiting the size of the proposed function to the number of participants
for which the facilities are designed and external as well as internal crowd
control, including sufficient guards for crowd control and security enforcement.
E.
The location and construction of toilet and hand-washing
facilities designed to serve fully all reasonably anticipated requirements
at a rate of no more than 100 persons per toilet seat and 750 persons per
hand-washing facility, 50% of the male toilets to be urinals, and plans for
construction and reports, including copies of all rental and service contracts,
showing that the construction and operation constitute no threat of pollution
to surface or underground water locations, to be attached.
F.
The location and construction of water supply facilities
designed to serve fully all reasonable anticipated requirements at a rate
of one pint of potable water per person, per hour, for the maximum estimated
hourly attendance. One tap and one drinking fountain shall be provided per
1,000 persons and shall be separately located with adequate soakage pits or
drainage. Detailed plans for approval by the permit issuing official showing
that the water supply meets Part 5 of the State Sanitary Code, and laboratory
results of both bacteriological and chemical analyses of all new water supply
sources shall be attached.
G.
Detailed plans for internal storage and collection of
refuse, including provisions for disposal and cleaning the property and immediate
surrounding properties within 48 hours after the event.
H.
Detailed plans for emergency first aid to serve fully
all reasonable anticipated requirements. Such plans shall state the arrangements
made with hospitals and ambulances in the area, including names and locations,
the number of doctors and nurses at the site and on call and arrangements
made with all other medical personnel and facilities, either at the site or
on call.
I.
Detailed plans for amplifying equipment designed to control
the noise level at the perimeter of the site to no more than 70 decibels on
the A scale of a sound-level meter which meets the specifications of the American
National Standards Institute.
J.
Detailed plans for lighting designed to illuminate the
public areas of the site at all times and demonstrating that the lighting
will not reflect on any area beyond the boundary of said site.
K.
A plan showing that the proposed activity is adequately
buffered from all residential areas within 500 feet.
The applicant shall provide evidence of public liability and property
damage insurance in such form and amount as shall be determined by the Town
Board to be reasonable in relation to risks and hazards involved and in relation
to or in any way arising out of the proposed activity, together with a written
save harmless agreement to the Town of Barton for any loss or damage above
and beyond insurance coverage to any person or the public at large.
A.
The site shall be provided with a network of interior
roads, to be kept clear at all times for service and emergency vehicles, and
shall be serviced by access roads which will permit an adequate flow of traffic
and ensure the free passage of emergency vehicles.
B.
Each person attending the mass gathering shall be provided
with a site map showing the location of all facilities, and adequate signs
shall be provided locating all facilities.
C.
A separate overnight camping area or areas shall be provided.
D.
Adequate light for toilet areas, service areas and walkways
shall be provided.
E.
A maintenance and internal security staff acceptable
to the Town Board shall be provided.
F.
The applicant 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 and that adequate fire-fighting equipment is
available to protect the life and health of the people attending the gathering.
G.
The applicant shall provide the services and facilities
outlined in the engineering report and approved by the permit issuing official.
H.
The applicant shall provide such emergency health care
services and facilities as may be required under applicable provisions or
Sections 18.3 and 18.4 of Part 18 of the State Sanitary Code.
The applicant shall submit proof of financial resources sufficient to
execute the plans as submitted.
A.
Any person who conducts, operates or promotes a mass
gathering in violation of the terms and conditions of this article shall be
guilty of a misdemeanor and, upon conviction thereof, shall be subject to
a fine not to exceed the sum of $1,000.
B.
Each day a violation is continued shall be deemed a separate
offense.
C.
Any violation of this article may also be enjoined pursuant
to the provisions of law.
D.
The penalties provided for herein shall be in addition
to those provided by any other law or ordinance.
If any section, paragraph, subdivision or provision of this article
shall be found invalid, such invalidity shall apply to the section, paragraph,
subdivision or provision adjudged invalid, and the remainder of the article
shall remain valid and effective.
A.
This article and the terms hereof shall not apply to
any mass gathering event sponsored or conducted by or in conjunction with
any public school system, church or fraternal organization established and
operating within the Town of Barton for more than three years prior to application
hereunder; provided, however, that any gathering event sponsored by or held
in conjunction with such exempt organization shall not commence prior to 9:00
a.m. local time and shall terminate no later than 11:00 p.m. local time unless
a permit is issued upon an application filed pursuant thereto
and is granted by the Town of Barton Board.
B.
Nothing herein shall prevent the Town of Barton Board
from further restricting the activities permitted by a permit granted hereunder
in the event that such restrictions are deemed by the Town Board as necessary
for the general health, welfare, safety, morals or well being of the inhabitants
of the Town of Barton.
This article shall take effect 20 days after filing with the Secretary
of State, and immediately as against any person or organization personally
served with a certified copy thereof in accordance with the Town Law of the
State of New York.
