[HISTORY: Adopted by the Town Board of the Town of Newburgh 6-16-1975
as L.L. No. 2-1975. Amendments noted where applicable.]
This Town Board, in order to promote proper government and to ensure
the property protection, order, conduct, safety, health, welfare and well-being
of persons or property within the Town of Newburgh, Orange County, finds it
is in the public interest to enact this chapter. This chapter shall regulate
the assembly of persons where such assembly exceeds ten thousand (10,000)
persons in public places within the Town of Newburgh, Orange County.
A.
ASSEMBLY
BUILDING
PERSON
PUBLIC PLACE
STRUCTURE
TOWN OF NEWBURGH OR TOWN
Terms defined. As used in the chapter, the following
terms shall have the following meanings:
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 Newburgh.
B.
Word usage. The word "shall" is mandatory; "may" is permissive.
A.
No person shall use, allow, let or permit to be used
property for the assembly of persons in excess of ten thousand (10,000) unless
a written permit authorizing such use shall have been obtained from the Town
Board.
B.
Application for such permit shall be by verified petition
addressed to the Town Board and shall be filed with the Town Clerk at least
ninety (90) days prior to the date upon which such assembly is contemplated,
and 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 written material:
(1)
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; if the applicant does not reside in
the Town of Newburgh, 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 Newburgh
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, ordinances,
rules or regulations.
(2)
A statement containing the name and address of the record
owner of the property and the nature and interest of the applicant therein;
the proposed dates and hours of such assembly; the expected maximum number
of persons intended to use the property at one (1) time and collectively;
and the purpose of the function, including the nature of the activities to
be carried on and the admission fee to be charged, if any.
(3)
A map showing the size of the property; the zoning district
in which it is located; the names of the record owners of the adjoining properties;
the streets or highways abutting said property; 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.
(4)
A plan or drawing showing the method to be used for the
disposal of sanitary sewage.
(5)
A plan or drawing showing the method to be used for the
supply, storage and distribution of water.
(6)
A plan or drawing showing the layout of any parking area
for automobiles and other vehicles and the means of ingress and egress to
such parking area. Such parking area shall provide one (1) parking space for
every four (4) persons in attendance.
(7)
A statement containing the type, number and location
of any radio device, sound amplifier, loudspeaker, sound truck or other similar
sound equipment.
(8)
A statement specifying whether food or beverage is intended
to be prepared, sold or distributed and, 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. 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.
(9)
A statement specifying whether any private security guards
or police will be engaged and, if so, the names and addresses of such persons
and the duties to be performed by such persons.
(10)
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.
(11)
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 luminating power of such lights and signs. In addition, no light
on any part of the property of 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.
(12)
A statement specifying the facilities to be available
for emergency treatment of any person who might require immediate medical
or nursing attention.
(13)
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.
(14)
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.
(15)
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.
(16)
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.
C.
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:
(1)
The New York State and Orange County Health Departments,
the New York State Department of Environmental Conservation and the Town Sanitary
Superintendent as to any proposed sanitary sewage disposal system.
(2)
The New York State and Orange County Health Departments,
the Town Engineer and the New York State Department of Environmental Conservation
as to any proposed system for the supply, storage and distribution of water.
(3)
The Orange County Department of Public Works, the New
York State Department of Transportation, the Orange County Sheriff's
Department, the New York State Police, the Town Police, the Chief Engineer
of the controlling fire district and the Fire Commissioners of the controlling
fire district and the Fire Prevention Bureau of the town as to the proposed
parking area.
(4)
The Building Inspector and Zoning Board of Appeals as
to the proposed type, number and location of any sound-producing equipment.
(5)
The New York State and Orange County Health Department
Officer as to the proposed method of preparing, selling or distributing food
or beverage and the removal of trash, rubbish or garbage arising therefrom.
(6)
The Orange County Sheriff's Department, the Town
Police Department and the New York State Police as to any proposed private
security or police protection.
(7)
The Chief Engineer of the controlling fire district,
the Fire Prevention Bureau of the town and the Fire Coordinator of Orange
County as to any proposed fire protection system.
(8)
The Building Inspector and the Zoning Board of Appeals
as to any proposed outdoor lights and signs.
(9)
The New York State and Orange County Health Departments
as to any proposed facilities for emergency medical or nursing treatment.
(10)
The Town Building Inspector and the Zoning Board of Appeals
as to any proposed camping or housing facilities.
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 one million dollars ($1,000,000.) for bodily injury or death
and limits of not less than five hundred thousand dollars ($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 ten (10) days' prior written notice to the
town.
C.
No permit shall be issued unless the applicant shall
deposit with the Town Clerk cash, good surety company bond or letter of credit
approved by the Town Board in the minimum sum of one hundred thousand dollars
($100,000.) and conditioned 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 the granting
of the permit, which cash shall be refunded or surety company bond or letter
of credit canceled upon certification to the Town Board by the Building Inspector
that all conditions of this chapter have been complied with.[1]
The town shall deny the issuance of a permit if it shall find that any of the items as set forth in § 60-3B above are insufficient to properly safeguard the safety, health, welfare and well-being of persons or property or if the necessary approval of any governmental agency as set forth in § 60-3C above is not obtained. In no event shall the town withhold its written approval or denial of a permit for a period in excess of thirty (30) days after a full submission to it by an applicant, except by an extension in writing given by the applicant.
If after a permit is issued the Town Board, through its lawful agents, determines that any of the items as set forth in § 60-3B and as specified in the applicant's verified petition in support of the application for a permit is 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 as set forth in § 60-3C is revoked at any time, such permit shall become null and void.
[Amended 6-19-1978 by L.L. No. 2-1978]
The applicant shall pay to the town a fee as prescribed by Chapter 104, Fees, at such time as he submits his application, which fee shall be returned by the town if such permit shall not be issued.
A.
Any person who shall use, allow, let or permit to be
used property for the assembly of persons in excess of ten thousand (10,000)
or any person who shall cause the gathering, collecting or congregating of
persons in excess of ten thousand (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 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 a violation occurs or continues.
A separate penalty may be imposed for each separate offense.
B.
For each violation of a provision of this chapter, the
person violating the same shall be subject to a fine of not more than one
thousand dollars ($1,000.) or imprisonment not to exceed one (1) 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 in the amount of five
hundred dollars ($500.) for each offense or to the alternative sentence provided
for by § 80.05, Subdivision 5, of the Penal Law.
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.
