[HISTORY: Adopted by the Town Board of the Town of Mount Pleasant as indicated in article histories. Amendments noted where applicable.]
This article shall be known as the "Public Safety Occupancy Ordinance."
All places whereat the public gathers, in a place of assembly, shall not permit, allow or suffer the total number of persons thereat at any one time to be in such number as to constitute a threat or danger to public health, safety or welfare. All such places shall have necessary fire exits properly designated and in compliance with and required by the Uniform Fire Prevention and Building Code of the State of New York and any applicable local ordinances.
A place of assembly, as defined herein, shall not be maintained, operated or used as such without a certificate from the Building Inspector, except that no permit shall be required for any place of assembly used solely as a place of religious worship as approved by the Building Inspector.
As used in this article, the following terms shall have the meanings indicated:
- PLACE OF ASSEMBLY
- A room or space used for the gathering together of 25 or more persons in commercial places of assembly and 75 or more persons in noncommercial places of assembly. Such room or space shall include any similarly occupied connecting room or space in the same story or in a story or stories above or below, where entrance is common to the rooms or spaces.
A person shall not permit overcrowding or admittance of any person beyond the approved number of occupants of any place of public assemblage. The Fire Department or Police Department, upon finding overcrowding conditions or obstruction in aisles, passageways or other means of egress or upon finding any condition which constitutes a serious menace to life and safety, shall cause the performance, presentation, spectacle or entertainment to be stopped until such condition or obstruction is corrected.
At any gathering, whether in a building, structure or enclosure or outside in an unenclosed open-air area, there shall be provided toilet facilities sufficient to accommodate the number of persons present, but in no event shall there be fewer or less than one toilet per each 75 persons in attendance.
At a gathering in a place of assembly, there shall not be permitted, suffered or allowed more than one occupant per unit of square feet, as follows:
At a gathering in an unenclosed outside open-air area, there shall not be permitted, allowed or suffered more than one person per 15 square feet.
Each place described above or wherein the public gathers shall post, in each room or area in a conspicuous location in full view of the entrance into such area or room, a sign with red lettering on a white background and bold-faced letters one inch high and 3/8 inch wide stating the lawful occupancy of the room or area. The Building Inspector shall prescribe and determine the number of persons who may lawfully occupy such area and issue a certificate stating such number, which certificate shall be kept on the premises and be available for inspection at all times.
At all times, at any gathering, no person or persons shall be allowed to block, impede access to or prevent access to exits, whether they are emergency exits or other type exits.
All owners, lessees, sponsors or persons in charge shall be responsible to provide and maintain clear, unimpeded access to all exits.
The Building Inspector shall enforce this article either summarily when a violation occurs in his presence or by issuing a summons based upon his own complaint or the complaint of another.
A Fire Department inspector of a fire district in which the gathering takes place, a town fire marshal or a policeman, when a violation occurs in his presence, may enforce this article and thereafter file a complaint with the Building Inspector, who shall issue a summons based on such complaint.
Any summons so issued shall be made returnable in the Town Justice Court of the Town of Mount Pleasant.
Any violation of this article will be summarily corrected forthwith by such person having the authority to enforce it.
The following fines and other penalties are hereby imposed, in addition to the punishments imposed by other statute, law or ordinance, on every person violating any of the requirements or other provisions of this article:
For a first offense, a fine of not less than $25 and not more than $100; and such offense shall constitute a violation.
For a second offense, a fine of not less than $100 and not more than $250 or imprisonment in the jail for a period not in excess of 15 days, or both such fine and imprisonment; and such offense shall constitute a violation.
For any subsequent violation, a fine of not less than $500 and not more than $1,000 or imprisonment in jail for a period not in excess of six months, or both such fine and imprisonment; and such violation shall be a misdemeanor.