Full Text
Local Law relating to, regulating and licensing Outdoor public entertainment, amusements and assemblies In excess of 2,000 Persons; Establishing licensing procedures & fees therefore; and prescribing offenses and penalties. Said Local Law provides that: Sec. 1. PURPOSE Outdoor public entertainment, 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 facilities usually furnished by the individual. The mass assembly of persons In the Town of Ira for such events in numbers of 2,000 or more would temporarily increase the numbers of persons residing within the Town of Ira to several times the normal population, thereby causing problems and demands considerably beyond the capability of existing municipal services and facilities now available in the Town of Ira. 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 entertainment, amusement or assembly intended to be attended by 2,000 or more persons similarly required municipal approval and regulation. Also, the conduct of such events would create a mass movement of people through the Town of Ira, principally upon its public streets and highways, of a magnitude never before experienced by the Town of Ira with the likelihood of damage and Injury to persons and property within the Town of Ira. 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 with the Town. The Town Board of the Town of Ira 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 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 entertainment, amusements and assemblies. Sec.2. BASIC CLAUSE 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 entertainment, amusement or assembly of persons within the Town of Ira catering to the general public which said person, persons, corporation, organization, landowner or lessee believes or has reason to believe will attract 2,000 or more persons unless a permit has first been obtained under this local law ---PAGE BREAK--- pg. 2,assembly for the operation of said outdoor public entertainment, amusement or assembly. The fee for such permit to meet the cost of administering the same shall dollars which shall be submitted with the application. The Town Board reserves the right to approve and/or limit the time and date(s) of each event held. Sec.3. FILING OF APPLICATION Written application for a permit for such outdoor public entertainment, amusement or assembly shall be made to the Town Board of the Town of Ira and said application must be submitted in three copies to the Clerk of the Town of Ira, ninety (90) days or more prior to the first day upon which such outdoor public entertainment, amusement or assembly is to be held. Determination granting or denying permits are herein provided for, shall be made within sixty (60) days after application therefore. No permits shall be granted unless the applicant complies with all requirements of this local law. Denial of the permit by the Town Board shall be in writing. Sec.4. CONTENTS OF APPLICATION Application for such permit shall be by verified petition addressed to the Town Board of the Town of Ira and shall be filed in compliance with the provisions of Sec. 3 of this local law. Such application shall include the following material: A statement of the name, age and residence address of the applicant; if 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. A statement containing 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; the proposed dates and hours of such event; the expected maximum number of persons intended to use the property at one time and collectively; the expected number of automobiles and other vehicles intended to use the property at one time and collectively; 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 names and addresses of all concessionaires and other persons providing any services or facilities under contract, lease or other arrangement for the event. A map showing the size of the property, 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 other facilities to be erected thereon for the purpose of the assembly; the placement of the proposed distribution system of water, the location of ---PAGE BREAK--- pg. 3 ,assembly any parking areas for automobiles and other vehicles and the means of ingress and egress to such parking areas; all service and other roads serving the camping area, food services and other services, toilet facilities1 garbage collection facilities, and entertainment and performance area. A detailed plan and statement with drawing showing the facilities for the preparation, storage, sale and distribution of food and means of servicing such areas. Such plan shall also detail the method and means of disposing of any garbage, trash, rubbish or other refuse. A detailed plan and statement fully describing any private security personnel who will be engaged by the applicant to service on or about the site during the event and the qualifications and source of such personnel 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. A statement and detailed plan specifying the facilities to be available for medical surgical, nursing and ambulance service, applicant shall furnish to the Town Board the addresses of all doctors, nurses, pharmacists, and ambulance services applicant will provide for the event prior to issuance of a permit. 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 Ira. Certificates of such insurance and bonds shall be submitted to the Town Board at least fifteen (15) days prior to the commencement date of the event. 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 local law and the permit, if granted providing adequate police and fire protection; and protecting persons and property from danger. Sec.5. INSURANCE AND BONDS No permit shall be issued unless the applicant shall furnish the Town of Ira with a comprehensive liability insurance policy insuring the Town against liability for damage to persons or property with limits of not less that $500,000.00 - One Million Dollars for bodily injury or death and limits of not less than $500,000.00 for 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 non-cancelable without ten(10) days prior written notice to the Town. ---PAGE BREAK--- pg. 4,assembly No permit shall be issued unless the applicant shall deposit with the Town Clerk of the Town of Ira cash or good surety company bond approved by the Town of Ira in such sum not less than $100,000.00 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 Ira that all conditions of this local law have been complied with. Such surety bond or cash shall serve as indemnity to save and protect the streets, pavements, bridges, road signs and other property of the Town of Ira 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. Provided further that 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 Ira 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 cost of the above have been paid by the applicant. 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 Ira 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. Sec.6. LIMITATION ON ATTENDANCE If a permit is granted by the Town Board of the Town of Ira, 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. Sec.7. DENIAL OF PERMIT 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 local law. Sec.8. NON-COMPLIANCE WITH PERMIT 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 is 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 ---PAGE BREAK--- pg. 5 ,assembly may Immediately thereupon be terminated by action of the Town Board, unless breach or failure Is remedied within such time limit as may be reasonably Imposed by the Town Board of the Town of Ira. Notice of termination of the permit shall be In writing, addressed to the applicant at the address set forth In the application. Sec.9 ENFORCEMENT AND PENALTIES Any person, persons, corporation, organization, landowner, or lessee who shall organize, promote, conduct or cause to be conducted an outdoors public entertainment, amusement, or assembly of persons within the Town of Ira catering to the general public for which said person, persons, corporation, organization, landowner or lessee believes or has reason to believe will attract 2,000 or more persons without having written permit in accordance with the provisions of this local law shall be deemed to have violated this local law. Any person who commits or permits any act In violation of any of the provisions of this local law shall be deemed to have committed a misdemeanor against such local law, and shall be liable for the penalties provided. A separate offense against this local law shall be deemed committed on each day during or which the violation occurs or continues. A separate penalty may be imposed for each separate offense. Each violation of a provision of this local law shall be a Class A misdemeanor and the person violating the same shall be subject to a fine of not more than $1,000.00 or imprisonment not to exceed one year or to both such fine and imprisonment. Any person violating this local law shall be subject to a civil penalty enforceable and collectible by the Town of Ira In the amount of $1,000.00 for each offense. 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 local law. Sec.10. SEPARABILITY If any clause, sentence, paragraph, section or part of this local law shall be adjudged by an Court of competent jurisdiction to be Invalid, such judgement shall not effect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part hereof directly involved in the controversy in which such judgement shall have been rendered. Sec.11. EFFECTIVE DATE This local law shall become effective immediately on 1980