[HISTORY: Adopted by the Town Board of the Town of Brutus 6-16-1975
as L.L. No. 2-1975. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 125.
A.
Outdoor public musical entertainments, amusements and
assemblies have occurred in New York State and other states on previously
undeveloped sites, attended by assemblies exceeding 100,000 persons who camp
on the site during the event in tents, trailers and other similar facilities
usually furnished by the individual. The mass assembly of persons in the Town
of Brutus for such events in numbers of 1,000 or more would temporarily increase
the number of persons residing within the Town of Brutus to several times
its normal population, thereby causing problems and demands considerably beyond
the capability of existing municipal services and facilities now available
in the town.
B.
In order to prepare for such an event, it would be necessary
to provide a temporary community with all the services required for the health,
welfare and safety of the persons in attendance. Adequate provision must be
assured for sanitation and sanitary facilities and services; water supply;
food service, garbage and refuse collection and disposal; hospital, medical,
nursing and ambulance service; policing and traffic control; parking facilities
and control; and communication and power systems, all of which are normally
subject to governmental regulation and licensing. The temporary furnishing
of such services and facilities for outdoor public musical entertainment,
amusement or assembly intended to be attended by 1,000 or more persons similarly
require municipal approval and regulations.
C.
Also, the conduct of such events would create a mass
movement of people through the Town of Brutus principally upon its public
streets and highways, of a magnitude never before experienced by the Town
with the likelihood of damage and injury to persons and property within the
Town of Brutus. It is believed necessary that persons, corporations, organizations,
landowners and lessees conducting such events must provide adequate financial
assurance to protect persons and public and private property within the town.
D.
The Town Board of the Town of Brutus therefore finds
and declares that it is necessary for the government, protection, order, conduct,
safety, health and well-being of persons and property within the Town in regard
to outdoor public musical entertainment, amusements and assemblies catering
to the general public that certain rules and regulations be established, and
further, that there is danger to the people attending or taking part in such
events if proper sanitary, police and other health and safety measures are
not adequately provided for, and further, that it is necessary to adopt under
the police power of the Town a local law to regulate and license the holding
of such outdoor public musical entertainments, amusements and assemblies.
[Amended 12-11-2006 by L.L. No. 4-2006]
It shall be unlawful for any person, persons, corporation, organization,
landowner or lessee to organize, promote, conduct or cause to be conducted
an outdoor public musical entertainment, amusement or assembly of persons
within the Town of Brutus, catering to the general public, which said person,
persons, corporation, organization, landowner or lessee believes or has reason
to believe will attract 1,000 or more persons unless a permit has first been
obtained under this chapter for the operation of said outdoor public musical
entertainment, amusement or assembly as provided by this chapter. Such permit
shall be required for each such outdoor public musical entertainment, amusement
or assembly. The fee, to be submitted with the application for such permit,
to meet the cost of administering the same shall be specified by resolution
of the Town Board at its January (organizational) meeting.
Written application for a permit for such outdoor public musical entertainment,
amusement or assembly shall be made to the Town Board of the Town of Brutus,
and said application must be submitted in seven copies to the Clerk of the
Town of Brutus, 90 days or more prior to the first day upon which such outdoor
public musical entertainment, amusement or assembly is to be held. Determination
granting or denying permits as herein provided for shall be made within 60
days after application therefor. No permits shall be granted unless the applicant
complies with all requirements of this chapter. Denial of the permit by the
Town Board shall be in writing.
Application for such permit shall be by verified petition addressed to the Town Board of the Town of Brutus and shall be filed in compliance with the provisions of § 54-3 of this chapter. Such application shall include the following material:
A.
A statement of the name, age and residence address of
the applicant; if the applicant is a corporation, the name of the corporation,
the names and addresses of directors, officers and stockholders owning 5%
or more of the number of shares outstanding of each class of stock; if the
applicant is a partnership or other organized group of individuals, the names,
addresses and ages of each and every individual associated with the partnership
or other entity.
B.
A statement containing:
(1)
The name and address of the owner of the property upon
which the event is to occur and the nature and interest of the applicant therein;
(2)
The proposed dates and hours of such event;
(3)
The expected maximum number of persons intended to use
the property at one time and collectively;
(4)
The expected maximum number of automobiles and other
vehicles intended to use the property at one time and collectively;
(5)
The purpose of the function, including the nature of
the activities to be carried on and the admission fees to be charged, if any;
and
(6)
The names and addresses of all concessionaires and other
persons providing any services or facilities under contract, lease or other
arrangement for the event.
C.
An occupational survey map prepared by a professional
engineer licensed by the State of New York showing:
(1)
The size of the property.
(2)
The names of the record owners of the adjoining properties.
(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 assembly.
(5)
The placement of the proposed distribution system of
water.
(6)
The location of any parking areas for automobiles and
other vehicles and the means of ingress to and egress from such parking area.
(7)
All service and other roads serving the camping area,
food services and other services, toilet facilities, garbage collection facilities
and entertainment and performance areas.
D.
A detailed plan and statement with drawings showing the
distribution and supply system for supply, storage, amount and distribution
of drinking water.
E.
A detailed plan and statement with drawings showing the
layout of any parking area for automobiles and other vehicles and the methods
of traffic control to be used thereon. Such parking area shall provide parking
space of acceptable size for one motor vehicle for every four persons in attendance.
F.
A detailed plan and statement with drawings showing 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.
G.
A detailed plan and statement fully describing any private
security personnel who will be engaged by the applicant to serve on or about
the site during the event and the qualifications and source of such personnel.
H.
A detailed plan and statement providing for fire protection,
specifying the location of fire lanes, water supply and equipment or apparatus
to be available for such purposes.
I.
A statement and detailed plan specifying the facilities
to be available for medical, surgical, nursing and ambulance service. The
applicant shall furnish to the Town Board the addresses of all doctors, nurses,
pharmacists and ambulance services the applicant will provide for the event,
prior to issuance of a permit.
J.
A detailed description of all insurance policies and
surety bonds to be provided by the applicant for the protection of the general
public and the Town of Brutus. Certificates of such insurance and bonds shall
be submitted to the Town Board at least 15 days prior to the commencement
date of the event.
K.
A subscribed authorization from the landowner and the
applicant to the Town Board to permit the Town and its lawful agents to go
upon the property for the purpose of inspecting the same to determine if there
is compliance with the requirements of this chapter and the permit, if granted,
providing adequate police and fire protection and protecting persons and property
from danger.
L.
A statement subscribed by the applicant that the applicant
will specify in all advertising and promotional endeavors the limitation on
the number of tickets to be sold or otherwise issued as specified in the permit
and that the applicant will neither sell or otherwise issue tickets at the
site while the event is in progress.
M.
Notification.
[Added 12-11-2006 by L.L. No. 4-2006]
(1)
No application shall be approved that does not include proof
of notification of potentially impacted public agencies at least 90 days prior
to the event. Such agencies shall at least include: the Village of Weedsport;
the Village of Weedsport Police Department; the Village of Weedsport Fire
Department; the Cayuga County Emergency Management Office; the Cayuga County
Sheriff’s Department; the Cayuga County Health Department; the New York
State Police, Auburn office; the New York State Police, Syracuse office; the
New York State Department of Transportation, Syracuse office; the New York
State Thruway Authority, Syracuse office.
(2)
Proof of such notification shall be included with the application
required by the chapter. Such proof shall include either copies of dated e-mails
sent to said agencies; copies of dated receipts for certified or registered
letters sent to said agencies; or copies of dated and signed receipts given
by the agencies attesting to said notification in person.
A.
No permit shall be issued unless the applicant shall
furnish the Town of Brutus with a comprehensive liability coverage insurance
policy insuring the Town against liability damage to persons or property with
limits of not less than $1,000,000 per occurrence for bodily injury and/or
property damage, sufficient in form to save the Town harmless from any liability
or causes of action which might arise by reason of granting of the permit
and noncancellable without 10 days' prior written notice to the town.
The insurance must be obtained from an insurance company licensed to do business
in the State of New York.
[Amended 5-11-1992 by L.L. No. 2-1992]
B.
No permit shall be issued unless the applicant shall
deposit with the Town Clerk of the Town of Brutus cash or good surety company
bond, approved by the Town of Brutus in such sum, not less than $100,000,
as the Town Board may reasonably require and conditioned 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 the public or private
property, by reason of the granting of the permit, which cash shall be refunded
or surety company bond be cancelled upon certification by the Town Board of
the Town of Brutus that all conditions of this chapter have been complied
with. 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 Brutus from any and all damage that may be caused by vehicles, employees
or participants in such event and to 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.
C.
Should the licensed event necessitate the employment
of additional Town personnel and equipment, such added expense shall be recoverable
from the principal and/or its surety. The deposit or its balance is to be
returned when the Town Board of the Town of Brutus has determined that no
such damage has been done and that the Town did not incur such additional
expense due to said event or that the costs of the above have been paid by
the applicant.
D.
If the applicant has provided in his application that
any services or facilities are to be supplied by contract, lease or other
arrangement with third parties, then no permit shall be issued unless the
applicant shall obtain and submit to the Town cash or good surety company
bond approved by the Town of Brutus at least equal in amount to the consideration
to be paid to or by such third parties for services and/or facilities to be
furnished and conditioned that each such third party will fully perform its
contract, lease or other arrangement with the applicant for the provision
of such services and/or facilities as set forth in the application.
If a permit is granted by the Town Board of the Town of Brutus, such
permit shall set forth the maximum number of persons to be permitted to attend
the event. The Town Board, in determining such 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. The applicant shall limit
all ticket sales to such maximum number and shall include such limitation
in all advertising; no tickets shall be sold at or near the site of the event
during the term of the event. The applicant shall specify in all advertising
and promotional endeavors the limitation on the number of tickets to be sold
or otherwise issued and the unavailability of tickets at the site while the
event is in progress.
The permit shall not be granted if any of the items set forth in said
application are determined by the Town Board to be insufficient to properly
safeguard the safety, health, welfare and well-being of persons or property
or do not comply with any of the requirements of this chapter.
If after a permit is issued the Town Board, through its lawful agents,
determines that any of the items required as a condition of the permit are
not adhered to and accomplished within the required time limits or if any
of the contracts, leases or other arrangements for provision of services and
facilities or any insurance or surety bond shall become terminated prior to
the completion of the event, then this permit may immediately thereupon be
terminated by action of the Town Board, unless breach or failure is promptly
remedied within such time limit as may be reasonably imposed by the Town Board
of the Town of Brutus. Notice of termination of the permit shall be in writing,
addressed to the applicant at the address set forth in the application.
A.
Any person, persons, corporation, organization, land
owner or lessees who shall organize, promote, conduct or cause to be conducted
an outdoor public musical entertainment, amusement or assembly of persons
within the Town of Brutus catering to the general public for which said person,
persons, corporation, organization, landowner or lessee believes or has reason
to believe will attract 1,000 or more persons 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 this 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 or on which the violation occurs or continues. A separate penalty
may be imposed for each separate offense.
B.
Each violation of a provision of this chapter shall be
a Class A misdemeanor, and the person violating the same shall be subject
to a fine of not more than $1,000 or imprisonment not to exceed one year,
or to both such fine and imprisonment.
C.
Any person violating this chapter shall be subject to
a civil penalty enforceable and collectible by the Town of Brutus in the amount
of $1,000 for each offense.
D.
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.
