[HISTORY: Adopted by the Town Board of the
Town of Gardiner 5-9-2017 by L.L.
No. 1-2017[1]. Amendments noted where applicable.]
[1]
Editor’s Note: This local law also repealed former Ch.
107, Entertainment, Outdoor, adopted 3-20-1984 by L.L. No. 2-1984
as Ch. 66 of the 1984 Code.
A.
The purpose of this chapter is to protect public health, welfare,
safety, peace and tranquility by regulating mass gatherings within
the Town of Gardiner. The Town Board therefore determines that it
is necessary for the public order and protection and the safety, health
and well-being of persons and property within the jurisdiction of
the Town of Gardiner to adopt and establish certain rules and regulations
and to regulate and license the holding of mass gatherings reasonably
expected to attract more than 500 persons within any twenty-four-hour
period.
For the purpose of this chapter, the following term shall have
the meaning indicated:
The property owner's representative, if the property
owner does not reside in the Town of Gardiner.
The owner of the real property upon which a mass gathering
is to be held.
Any assemblage or gathering of people at a public or private
amusement or event of a temporary nature, which is likely to attract
500 people or more within a twenty-four-hour period, whether or not
in connection therewith any charge is made either to persons. Such
term, "mass gathering," shall not include any activity having fewer
than 500 people in attendance; functions sponsored by schools and
held on school property; athletic or sporting competitions of a recurring
nature that occur at a facility set aside for that purpose (e.g.,
league competitions; Little League); or functions sponsored by the
Town of Gardiner.
Water provided or used for human consumption, food preparation,
or for lavatory, culinary, bathing or laundry purposes.
All putrescible and nonputrescible solid wastes, including
garbage, rubbish, ashes, incinerator residue, street cleanup, dead
animals, offal and solid commercial waste.
Excreta and the waste from a flush toilet, portable toilet,
bath, sink, lavatory, dish washing or laundry machine, or the water-carried
waste from any other fixture or equipment or machine.
The entity, if other than the real property owner, responsible
for the operation of the mass gathering.
A.
Mass gathering permit required.
(1)
No person, persons, partnership, association or corporation or any
combination thereof shall hold or promote, by advertising or otherwise,
a mass gathering in the Town of Gardiner unless a mass gathering permit
has been issued by the Town of Gardiner Town Board.
(2)
A separate permit is required for each such event.
B.
Property owner/applicant required to obtain mass gathering permit.
(1)
No owner, lessee, licensee or other person, persons, partnership,
association, or corporation, or any combination thereof, owning, having
any right to, or any interest in, any real property within the jurisdiction
of the Town of Gardiner shall license, rent, lease or otherwise permit
the use of such real property, or any part thereof, for a mass gathering,
except pursuant to a mass gathering permit issued for such purpose
by the Town Board of the Town of Gardiner as hereinafter provided.
(2)
Furthermore, if the property owner/applicant resides outside of the
Town of Gardiner, the property owner/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 Town of Gardiner and
who shall be authorized to and shall agree by acknowledged statement
to accept notices issued with respect to the application, construction
or enforcement of this chapter.
(3)
Furthermore, if the event is going to be held on property owned by
the municipality, the sponsor would be the applicant.
A.
Procedure; time periods; fees.
(1)
Written application for a permit for such mass gathering shall be
made to the Town Board of the Town of Gardiner by filing with the
Town Clerk, in triplicate, and verifying the accuracy of the application
information as hereinafter required.
(2)
Mass gatherings expected to attract 500 but no more than 3,000 persons
during the course of an event must submit at least 60 days or two
Town Board Business Meetings prior to the first day upon which such
mass gathering is to be held. A determination granting or denying
the application for a permit shall be made by the Town Board within
20 days after the application is filed with the Town Clerk.
(3)
Mass gatherings reasonably expected to attract 3,000 or more persons
during the course of the event but no more than 10,000 persons at
one time must submit an application at least 120 days prior to the
first day upon which such mass gathering is to be held. A determination
granting or denying the application for a permit shall be made by
the Town Board within 60 days after the application is filed with
the Town Clerk.
(4)
Mass gatherings reasonably expected to attract 10,000 or more persons
at one time must first obtain permission from the Town Board to apply
for a permit.
(5)
Applicants are encouraged to meet with the Town Board in advance
of submitting an application.
(6)
No permit shall be granted unless the applicant complies with the
requirements of this chapter to the satisfaction of the Town Board.
The Town Board may, upon a showing of good cause that certain conditions
or requirements as hereinbefore set forth are not applicable, modify
the application requirements after review of the circumstances presented
by the applicant and/or sponsor.
(7)
Permit fees shall, from time to time, be set by resolution of the
Town Board.
(8)
Upon approval of a mass gathering permit application, the Town Clerk
shall immediately furnish a copy of said permit to the New York State
Police Zone Commander and, as appropriate, to the Fire Department
having jurisdiction over the premises.
B.
Specific information required. The application shall include the
following information, as may be applicable to the nature and location
of the mass gathering:
(1)
The name and contact information of the applicant(s) and/or sponsor(s)
and/or agent(s) including physical and mailing addresses. If the sponsor(s)
is a corporation, the name of the corporation, the names and addresses
of the directors, officers and stockholders owning more than 10% of
the number of shares outstanding of each class of stock; or, if the
sponsor is a partnership or other organized group of individuals,
the name of the partnership or organization and the names, addresses
of each and every individual associated with the partnership or other
entity.
(2)
The address of the real property upon which the event is to occur
and the nature and interest of the applicant in such property including
a notarized authorization for (1) any sponsor(s) to use the property
for the mass gathering including any limitations to such use, and
(2) for the Town of Gardiner to go upon the property for the purpose
of inspecting the same to determine if there is compliance with the
requirements of this chapter.
(3)
The purpose of the function, including the nature of the activities
to be carried on and the admission fees to be charged, if any.
(4)
The proposed dates and hours of such event, including rain dates.
(5)
The names and addresses of all adjoining real property owners.
(6)
The expected minimum and maximum number of persons intended to attend
the event at any one time and collectively, including proposed measures
and facilities to limit the number of persons attending to the maximum
expected number including methods of entering the area, the number
and location of ticket booths and entrances, and provisions for restricting
non-ticket holders from the area.
(7)
Acknowledgement by the applicant and/or sponsor that any advertisement
and promotional endeavors will specify the limitation on the number
of tickets to be sold or otherwise issued as specified in the permit.
(8)
The expected number of automobiles and other vehicles intended to
use the property for such event.
(9)
A description of crowd control including security personnel who will
be engaged to serve on or about the site during the event. The Town
Board may require the applicant to obtain the consent of the Zone
Commander of the New York State Police having jurisdiction over the
Town of Gardiner as to the capacity and qualifications of the security
personnel.
(10)
Providing an adequate water body or cliff rescue plan.
(11)
Providing for complete removal of refuse and cleanup of the
area and location within 24 hours following the gathering or the next
business day.
(12)
Providing the names and addresses of all concessionaires and
other persons providing any services or facilities under contract,
lease or other arrangement for the event.
(13)
Specifying the facilities and services to be available for medical
and first aid service.
(14)
A description of fire safety measures including personnel who
will be engaged to serve on or about the site during the event. The
Town Board may require the applicant to obtain the consent of the
Fire Chief of the Gardiner Fire Department as to the proposed fire
safety measures and qualifications of engaged personnel.
C.
Detailed drawings, prepared to scale, to accommodate the expected
number of persons including the size of the property, and depicting:
(1)
The names of record owners of the adjoining properties.
(2)
Site constraints such as tree lines, water bodies, cliffs.
(3)
The streets or highways abutting said property.
(4)
The size and location of any existing building, buildings or structures
or other facilities to be erected thereon for the purpose of the event.
(5)
The placement of the proposed water system for supply, storage and
distribution of potable drinking water.
(6)
The location and layout, onsite or off-site, of any parking areas
for automobiles or other vehicles, the means of ingress and egress
to such parking areas, and the methods of traffic control to be used.
Such parking areas shall provide parking space of acceptable size
for one motor vehicle for every three persons in attendance.
(7)
The adequacy of and locations for sanitation facilities and for the
disposal and treatment of sanitary sewage.
(8)
The facilities for the preparation, storage, sale and distribution
of food and the means of servicing such area. Such plan shall also
detail the method and means of disposing of any garbage, trash, rubbish
or other refuse.
(9)
The location of all service and other roads serving any camping areas,
food services, toilet facilities, garbage and refuse collection facilities
and the entertainment and performance areas.
(10)
The location of fire lanes, water supply and equipment or apparatus
to be available for such purposes.
A.
Comprehensive liability insurance. No permit shall be issued unless
the applicant shall furnish the Town of Gardiner with a comprehensive
liability insurance policy insuring the Town against liability for
damage to persons or property with limits of not less than $500,000
for bodily injury or death to one person or $1,000,000 for bodily
injury or death in one event, and with limits of not less than $500,000
for property damage, sufficient in form to save the Town harmless
from any liability or causes of action which might arise by reason
of the granting of the permit, and noncancelable without 10 days'
prior written notice to the Town.
(1)
Each applicant for a permit shall submit proof of an adequate
comprehensive liability insurance policy, in an amount to be determined
by the Town Board, insuring the Town of Gardiner, its officers and
employees from liability to persons or property and naming the Town
of Gardiner, its officers and employees as being coinsured 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 Gardiner.
(a)
Certificates of such insurance and bonds shall be submitted
to the Town Board at least 30 days prior to the commencement date
of the event.
(2)
Performance bond. The Town Board shall have the discretion to
require, on a case by case basis, that an applicant deposit with the
Clerk of the Town of Gardiner cash or a surety company bond in an
amount to be determined by the Town Board which shall be sufficient
to ensure that all requirements of the permit will be fully performed
by the applicant; that no damage will be done to any public or private
property; and that the applicant will not permit any litter, debris
or other refuse to remain upon any public or private property by reason
of granting of the permit. Such surety bond or cash shall serve as
an indemnity to save and protect the streets, pavements, bridges,
road signs and other property of the Town of Gardiner from any and
all damage that may be caused by vehicles, employees or participants
in such event and shall be used, if necessary, to restore the ground
where such event is held to a sanitary condition and pay all charges
and losses to the Town for damages to streets, pavements, bridges,
and other property, and to reimburse the Town for any expense necessitated
by the event in the employment of additional Town personnel.
(3)
Cancellation of bond; return of deposit. Within 90 days, in cases where a performance bond is required by the Town Board under Subsection A(2) above, the surety company bond shall be canceled or the cash deposit or its balance shall be returned if the Town Board has determined that no such damage has been done and that the Town did not incur any additional expense due to said event or that the costs thereof have been paid by the applicant.
If a permit is granted by the Town Board, such permit shall
set forth the maximum number of persons to be permitted to attend
the event. The Town Board, in determining the maximum limit, shall
take into consideration the capacity of the site and of available
public highways and other means of transportation to and from the
site and the available parking and sanitation facilities and water
distribution system. The applicant shall limit attendance to such
maximum numbers and shall include such limitation in all advertising.
A mass gathering permitted under this local law must comply with the performance standards for noise set forth in Chapter 220, § 220-40B(2) of the Town Code.
A.
No person and no permittee will sell, or offer for sale, nor allow
any other person to sell or offer for sale any item whose purpose
is to injure, maim or kill immediately adjacent to the premises designated
in the permit application, during the period delineated for such mass
gathering.
B.
Any dog allowed at the premises, except for dogs which have been
identified as guide dogs, hearing dogs, service dogs or police work
dogs, must be licensed, on a leash and under the control of its adult
owner.
C.
No person shall be allowed to possess any firearm or weapon on the
premises of such mass gathering other than a police officer, peace
officer or other such person authorized to possess firearms.
Any permit granted hereunder may be revoked by the Town Board
of the Town of Gardiner if it finds that the mass gathering 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.
The permit shall not be granted if any of the information set
forth in the application is determined by the Town Board to be insufficient
to properly safeguard the safety, health, welfare and well-being of
persons or property or does not comply with any of the requirements
of this chapter. The Town Clerk of the Town of Gardiner shall notify
the applicant, in writing, by certified, return receipt mail of the
disapproval and shall include therein the reasons for such disapproval.
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.
A.
A failure to comply with the provisions of this chapter shall be
deemed a violation and shall be punishable by a fine of not less than
$1,000 and not more than $5,000 or imprisonment for not more than
15 days, or both.
B.
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 restrain by injunction any
violation of this chapter.
