[HISTORY: Adopted by the Town Board of the
Town of Bethel as Ch. 28 of the 1979 Code (Ch. 46 of the 1990 Code).
Amendments noted where applicable.]
[Amended 12-28-1993 by L.L. No. 3-1993]
A.
This Town Board, in order to promote proper government
and to ensure the proper protection, order, conduct, safety, health,
welfare and well-being of persons or property within the Town of Bethel,
Sullivan County, finds it is in the public interest to enact this
chapter regulating assemblies of persons within public places within
the Town. The Town Board further finds that the public health, welfare,
safety, peace and tranquility of persons and property within the Town
will be adversely affected if more than one mass gathering is permitted
to occur in the Town on the same dates or within a short time of each
other.
B.
This chapter shall regulate the assembly of persons
in a public place within the Town of Bethel, Sullivan County, where
such assembly exceeds 10,000 persons.
C.
The terms and requirements of this chapter shall not
apply to the Town of Bethel, the Town Board of the Town of Bethel,
or any not-for-profit corporation (including any not-for-profit local
development corporation) whose governing board is wholly comprised
of or wholly appointed by the Town Board of the Town of Bethel.
[Added 4-23-1998 by L.L. No. 2-1998]
A.
Word usage. Words used in the present tense include
the future, the singular number includes the plural, and the masculine
shall include the feminine. "Shall" is mandatory; "may" is permissive.
B.
ASSEMBLY
BUILDING
PERSON
PUBLIC PLACE
STRUCTURE
TOWN OF BETHEL or TOWN
Definitions. Unless otherwise expressly stated, the
following terms shall, for the purposes of this chapter, have the
meanings herein indicated:
The gathering, collecting or congregating of persons, with
or without the levy of an admission fee.
A structure wholly or partially enclosed within 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.
A place to which the public or a substantial group of persons
is invited or has access.
A combination of materials to form a construction that is
safe and stable and includes, among other things, stadiums, stages,
platforms, radio towers, sheds, storage bins, tents, billboards and
display signs.
Includes the Town Board of the Town of Bethel.
No person shall use, allow, let or permit to
be used property for the assembly of persons in excess of 10,000 unless
a written permit authorizing such use shall have been obtained from
the Town Board.
[Amended 12-28-1993 by L.L. No. 3-1993]
Application for such permit shall be by verified
petition addressed to the Town Board and shall be filed with the Town
Clerk at least 210 days prior to the date upon which such assembly
is contemplated. A copy of such petition shall be mailed to each member
of the Town Board on the day that it is filed with the Town Clerk,
by certified mail, return receipt requested. Such application shall
include the following:
A.
A statement of:
(1)
The name and residence address of the applicant.
(2)
Whether the applicant is an individual, corporation,
partnership, joint venture or other entity.
(3)
If the applicant is a corporation, the names and addresses
of all corporate directors, officers and shareholders, 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;
if the applicant is a partnership, the names and addresses of all
partners; if the applicant is a joint venture or other entity, it
shall set forth the names and addresses of all participants in the
venture or other entity.
(4)
If the applicant does not reside in the Town of Bethel,
the name and address of an agent who shall be a natural person and
shall reside or have a place of business in the Town of Bethel and
who shall be authorized to and shall agree by verified statement to
accept notices or summonses issued with respect to violations of any
law, ordinance, rule or regulation.
B.
A statement containing:
(1)
The location and survey description of the property
where the assembly is proposed, including all lands to be used directly,
indirectly or incidental to the proposed assembly or any part thereof.
There shall be attached to the application certified copies of documents
disclosing the name and address of the record owner of the property
and the nature of the interest of the applicant therein. If such interest
is a leasehold, a copy of such lease shall be attached.
(2)
The proposed dates and hours of such assembly.
(3)
The maximum number of persons to be permitted at the
assembly, including performers, staff members and audience at one
time and collectively.
(4)
The purpose of the function, including the nature
of the activities to be carried on and the admission fee to be charged,
if any.
C.
A map showing:
(1)
The size of the property.
(2)
The zoning district in which it is located and whether
the property is located in an agricultural district.
(3)
The names of the record owners of the adjoining properties.
(4)
The streets or highways abutting said property.
(5)
The size and location of any existing building, buildings
or structures or of any proposed building, buildings or structures
to be erected for the purposes of the assembly.
(6)
The location of all privies or toilets and handwashing
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; all
refuse storage handling and disposal areas; and emergency access and
egress roads.
D.
A plan or drawing showing the method to be used for
the disposal of sanitary sewage.
E.
A plan or drawing showing the method to be used for
the supply, storage and distribution of water.
F.
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.
G.
Detailed plans for transportation arrangements from
noncontiguous parking facilities to the site of the assembly to fully
serve all reasonably anticipated requirements at a rate of no less
than 20,000 persons per hour.
H.
A statement containing the type, number and location
of any radio device, sound amplifier, loudspeaker, sound truck or
other similar sound equipment.
I.
A statement specifying whether food or beverage is
intended to be prepared, sold or distributed. If food or beverage
is 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 any garbage, trash, rubbish or other
refuse arising therefrom shall be submitted. If a person other than
the person applying for the permit will be engaged in the sale and
distribution of food or beverage, the name and address of such person
shall be submitted. All garbage, trash, rubbish or other refuse shall
be stored until removed at an unobtrusive area of the premises in
securely covered containers. Such containers shall be maintained in
a sanitary condition and shall be cleaned at least daily. No garbage,
trash, rubbish or other refuse shall be removed from the premises
between the hours of 11:00 p.m. and 7:00 a.m.
J.
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.
K.
A statement specifying the precautions to be utilized
for fire protection and a map specifying the location of fire lanes
and water supply for fire control.
L.
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.
In addition, no light on any part of the property of the assembly
shall be permitted to shine unreasonably beyond the property line
of the property. All exterior lights on the property shall be so situated
or equipped with shielding devices so that no unreasonable glow shall
shine beyond the property line of the assembly.
M.
A statement specifying the facilities to be available
for emergency treatment of any person who might require immediate
medical or nursing attention.
N.
A statement specifying whether any camping or housing
facilities are to be available and, if so, a plan showing the intended
number and location of the same.
O.
A statement that no soot, cinders, smoke, noxious
acids, fumes, gases or unusual odors shall be permitted to unreasonably
emanate beyond the property line of the assembly.
P.
A statement that no music shall be played in any place
of assembly, either by mechanical device or live performance, in such
a manner that the sound emanating therefrom shall be unreasonably
audible beyond the property line of the place of assembly.
Q.
A statement that no loud, unnecessary or unusual noise
shall be permitted to be made or continued or caused to be made or
continued so as to be unreasonably audible beyond the property line
of the assembly.
R.
A statement that no law, ordinance, rule or regulation
applicable to the place of assembly or enforceable by any governmental
authority will be violated and that the regulations of the New York
State Department of Labor Board of Standards and Appeals for places
of public assembly will be adhered to.
S.
A plan for limiting attendance, including methods
of entering the area, number and location of ticket booths and entrances,
and provisions for keeping non-ticket holders out of the area.
T.
A detailed plan for use of signs to locate all facilities
and roadways.
U.
Proof of financial resources sufficient to execute
the plans as submitted, including a financial statement prepared by
a certified public accountant showing the net worth of the applicant.
V.
A statement detailing the experience, qualifications
and capabilities of the applicant to conduct the assembly as proposed
in the application, including a description of all similar events
operated or managed by the applicant.
W.
A statement setting forth how the proposed plan, both
short- and long-term, will benefit the general, commercial and industrial
welfare of the Town and promote the cultural development of the inhabitants
thereof.
Z.
Detailed plans providing for disposal and cleaning
the property and immediate surrounding properties within 48 hours
after the event.
[Added 12-28-1993 by L.L. No. 3-1993]
A.
Upon receipt of a timely application that complies with the requirements of § 90-4 of this chapter, the Town Board shall review the same to determine if the application contains sufficient provisions to properly safeguard the safety, health, welfare and well-being of persons or property in the Town. If the Board determines that such application does contain sufficient provisions therefor, it shall tentatively approve such application; provided, however, that no permit shall be granted to such applicant until the applicant complies with §§ 90-6 and 90-7 of this chapter. If the Town Board shall find that the application contains insufficient provisions to properly safeguard the safety, health, welfare and well-being of persons or property in the Town, it shall deny the application and return the deposit required by § 90-7C of this chapter. The Town shall disapprove or tentatively approve any such application within one month after its receipt.
B.
In the event that the Town receives more than one timely application that complies with § 90-4 of this chapter and the date or dates recited in such applications indicate that the proposed assemblies are scheduled to occur within two weeks of each other, the Town Board shall conduct a public hearing on all such applications to determine which application, if any, best promotes the safety, health, welfare and well-being of persons and property in the Town. At the conclusion of such hearing, the Town Board shall tentatively approve the application which it determines to be in the best interests of the Town; provided, however, that no permit shall be granted to such applicant until the applicant complies with §§ 90-6 and 90-7 of this chapter. The Town Board shall deny all other applications and return the deposits required by § 90-7C of this chapter.
[Amended 12-28-1993 by L.L. No. 3-1993]
The Town Board, before issuing any permit, shall
require the applicant to get the approval of any or all of the following
applicable governmental agencies:
A.
The New York State Health Department, the Town Health
Officer and the New York State Water Resources Commission as to any
proposed sanitary sewage disposal system.
B.
The New York State Health Department, the Town Code
Enforcement Officer, the Town Health Officer and the New York State
Water Resources Commission as to any proposed system for the supply,
storage and distribution of water.
C.
The Sullivan County Highway Department, the New York
State Department of Transportation, the Sullivan County Sheriff's
Department, the New York State Police, the Chief Engineer of the controlling
fire district, the Fire Commissioners of the controlling fire district
and the Fire Advisory Board of the County of Sullivan as to the proposed
parking area.
D.
The Planning Board and Town Code Enforcement Officer
as to the proposed type, number and location of any sound-producing
equipment.
[Amended 9-23-2014 by L.L. No. 1-2014]
E.
The New York State Health Department and the Town
Health Officer as to the proposed method of preparing, selling or
distributing food or beverage and the removal of trash, rubbish or
garbage arising therefrom.
F.
The Sullivan County Sheriff's Department and the New
York State Police as to any proposed private security or police protection.
G.
The Chief Engineer of the controlling fire district,
the Fire Advisory Board of Sullivan County and the Fire Coordinator
of Sullivan County as to any proposed fire protection system.
H.
The Planning Board and Town Code Enforcement Officer
as to any proposed outdoor lights and signs.
[Amended 9-23-2014 by L.L. No. 1-2014]
I.
The New York State Health Department and the Town
Health Officer as to any proposed facilities for emergency medical
or nursing treatment.
J.
The Town Code Enforcement Officer and the Planning
Board as to any proposed camping or housing facilities.
[Amended 9-23-2014 by L.L. No. 1-2014]
K.
The local civil defense director indicating that he
has been advised of the event and has approved the plan from a civil
defense standpoint.
L.
The county sheriff, state police, New York State Department
of Transportation or other law enforcement agency certifying that
the traffic control plan is satisfactory.
[Amended 8-18-1990 by L.L. No. 2-1990; 12-28-1993 by L.L. No.
3-1993]
A.
No permit shall be issued unless the owner and his
tenant or licensee, if any, shall furnish the Town with written authorization
to permit the Town or its lawful agents to go upon the property for
the purpose of inspecting the same, providing adequate police and
fire protection and protecting persons and property from danger.
B.
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 $50,000,000 for bodily injury or death and
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 or the conduct of the assembly. Such
policy shall be noncancellable without 10 days' prior written notice
to the Town. The applicant shall also furnish the Town with a written
hold-harmless agreement to the Town for any loss or damage above and
beyond insurance coverage.
C.
No permit shall be issued unless the applicant shall deposit with the Town Clerk cash in a sum as set from time to time by resolution of the Town Board to secure the applicant's performance of all the items set forth in the applicant's petition submitted pursuant to § 90-4 of this chapter and the responsibilities imposed upon the applicant by this chapter and all other applicable laws and regulations. Such deposit shall be deposited in an escrow account established by the Town Board for that purpose and shall be released upon a determination by the Town Board that all conditions for which the security has been provided have been satisfied.[1]
[Amended 12-28-1993 by L.L. No. 3-1993]
If, after a permit is issued, the Town Board, through its lawful agents, determines that any of the items set forth in § 90-4 of this chapter and specified in the applicant's verified petition in support of the application for a permit are not adhered to and accomplished within a reasonable time of the date or dates set for the assembly, through the time of the assembly, or if the necessary approval of any governmental agency set forth in § 90-6 of this chapter is revoked at any time, such permit shall become null and void.
The applicant shall pay to the Town an application
fee in a sum as set from time to time by resolution of the Town Board
at such time as he submits his application to compensate the Town
for all costs and expenses incurred by the Town in processing the
application, including but not limited to legal, engineering and technical
consultant expenses incurred by the Town to review the applications.
Such application fee shall not be refundable in whole or in part.
Any person who shall use, allow, let or permit
to be used property for the assembly of persons in excess of 10,000
or any person who shall cause the gathering, collecting or congregating
of persons in excess of 10,000 in public places without having a written
permit in accordance with the provisions of this chapter shall be
deemed to have violated this chapter. Any person who commits or permits
any act in violation of any of the provisions of the chapter shall
be deemed to have committed a misdemeanor against such chapter and
shall be liable for the penalties provided. A separate offense against
this chapter shall be deemed committed on each day during which a
violation occurs or continues. A separate penalty may be imposed for
each separate offense.
A.
For each violation of a provision of this chapter,
the person violating the same shall be subject to a fine of not more
than $1,000 or to imprisonment for not more than one year, or to both
such fine and imprisonment.
[Amended 8-18-1990 by L.L. No. 2-1990]
B.
Any person violating this chapter shall be subject
to a civil penalty enforceable and collectible by the Town in the
amount of $100 for each offense.
C.
In addition to the above-provided penalties, the Town
Board may also 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 such chapter.
