[HISTORY: Adopted by the Town Board of the Town of Mount Pleasant
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction administration — See Ch.
68.
Elevators and other automatic equipment — See Ch.
88.
Fire prevention — See Ch.
104.
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:
Use Group
|
Floor Area per Occupant
(square feet)
|
---|
Assembly with fixed seats
|
6
|
Assembly without fixed seats
|
15
|
Business buildings
|
100
|
Courtrooms
|
40
|
Dance halls, lodge rooms
|
15
|
Hotels, lodging houses
|
125
|
Institutional buildings
|
150
|
Mercantile buildings:
|
|
|
First floor
|
30
|
|
Basement sales floor
|
30
|
|
Other floors
|
60
|
Schools
|
40
|
Storage buildings
|
300
|
Bowling alleys, allow 5 persons for each alley, including 15 feet of
runway, and for additional area
|
10
|
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.
[Amended 2-24-1976]
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.
[Amended 2-24-1976]
A. 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.
B. 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.
C. 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:
A. For a first offense, a fine of not less than $25 and
not more than $100; and such offense shall constitute a violation.
B. 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.
C. 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.