Local Law Filing                                                                                     NEW YORK STATE DEPARTMENT OF STATE 

                                                                                                                                                              41 STATE STREET, ALBANY, NY 12231

 

 

(Use this form to file a local law with the Secretary of State.)

 

Text of law should be given as amended.  Do not include matter being eliminated and do not use italics or underlining to indicate new matter.

 

 

               Town of                                      Saratoga                                               

 

            Local Law No.                          2                        of the year 2006

 

A local law   regulating mass gatherings in the Town of Saratoga                                                           

                                           

 

Be it enacted by the                   Town Board                                of the

                                          (Name of Legislative Body)

 

           Town of                                     Saratoga                                                       as follows:  

 

SECTION 1 –  LEGISLATIVE PURPOSE..

 

The purpose of this chapter is to protect public health, welfare, safety, peace and tranquility by regulating mass gatherings within the Town of Saratoga.

 

SECTION 2– DEFINITIONS.

 

For the purpose of this chapter, the following term shall have the meanings indicated:

 

             MASS GATHERING – Any assemblage or gathering of people at a public or private amusement or event of a temporary nature, whether or not in connection therewith any charge is made either to participants or spectators; however, such term, ‘mass gathering’, shall not include any activity having fewer than 500 hundred (500) people in attendance.

 

SECTION 3 – PERMIT REQUIRED; APPLICATION FOR PERMIT; FEES.

 

No person, firm, corporation or company shall hold or promote, by advertising or otherwise, a mass gathering unless a permit shall have been issued therefore by the Town Board of the Town of Saratoga as herein provided.

 

A.   General application requirements.

 

  1. An application for a permit under this section shall be submitted to the Town Board of the Town of Saratoga no less than sixty days prior to the proposed activity, together with an application fee in the amount of Five hundred dollars ($500.00).  This application fee may, in the discretion of the Town Board, be waived.  A permit under this section may be issued by the Town Board upon the written application of the person or entity who will promote or hold the mass gathering and after a public hearing to be held by the Town Board.  The application may be in letter form and shall identify the area and location of such mass gathering, the date or dates thereof and such other information as required by the Board to assure that there is provided the following:

 

 

 

 

 

a)      Adequate parking.

b)      Adequate traffic control.

c)      Adequate crowd control.

d)      Adequate provision for public safety.

e)      Adequate sanitation facilities.

f)       Adequate medical and first aid facilities.

g)      Adequate potable water supply.

h)      Adequate fire protection.

i)        Complete removal of refuse and cleanup of the area and location within twenty-four (24) hours following the gathering.

j)        Adequate water rescue plan, if applicable.

 

2.       Each application shall be further accompanied by such additional plans, reports, specifications and other material as may be required by the Town Board respecting the provisions of water supply, sewerage facilities, drainage, refuse storage and disposal facilities, food services, medical facilities and fire protection.  The Town Board may, in its discretion, place conditions on any approval given pursuant to this chapter as it may deem appropriate to ensure health, safety and welfare of the public.

 

B.   If the applicant is a corporation, the name of the corporation and the names and addresses of its directors shall be set forth.  Furthermore, if the applicant resides outside the County of Saratoga, the applicant shall set forth the name and address of an agent who shall be a natural person, who shall reside in or have a place of business in the County of Saratoga and who shall be authorized to and shall agree by an acknowledged statement to accept notices issued with respect to the application, construction or enforcement of this chapter.

 

C.   Each applicant shall include in this application:

 

  1. The name, address and record owner or owners of the property or properties where the mass gathering shall occur and the nature and interest of the applicant therein.
  2. The proposed dates and hours of such mass gathering.
  3. The expected number of automobiles and vehicles intended to use the property or properties at one (1) time and collectively.
  4. The purpose of the mass gathering, including the nature of the activity to be carried on and the admission fee to be charged, if any.
  5. The maximum expected number of attendees at the gathering.
  6. The proposed measures and facilities to limit the number of persons attending to the maximum expected number.

 

D.   Each applicant shall submit a plan or drawing to scale showing the method and manner in which:

 

  1. Sanitary facilities are to be provided for the disposal of human wastes.
  2. The method or manner in which water will be supplied, stored and distributed to those persons attending.
  3. The layout of any parking area for motor vehicles, including the means of egress and ingress to such parking areas, with such plan to reflect the best and safest means of traffic control and safety for persons attending and the general public, including emergency evacuation plan, and any necessary measures to provide for illumination or the suppressing of dust, if applicable.  All parking for the gathering shall be suitable off street parking.

 

E.   Each applicant shall submit a statement specifying whether food or beverages are intended to be prepared, sold or distributed.  If food or beverages are intended to be prepared, sold or distributed, each applicant shall submit a statement specifying the manner of preparation and distribution of such and the method of disposing of garbage, trash, rubbish or any other refuse arising therefrom.

 

F.   Each applicant for a permit shall submit proof of an adequate comprehensive liability insurance policy, in an amount to be determined by the Town Board, insuring the Town of Saratoga, its officers and employees, from liability to persons or property and naming the Town of Saratoga, its officers and employees, as being coinsured persons or as additional insured parties.  Such policy shall not be cancelable by the insurer without ten (10) days’ prior written notice to the Town of Saratoga.

 

 

 

 

 

G.  The Town Board may, in its discretion, require the applicant to submit a written certification from the Saratoga County Sheriff, New York State Police or New York State Department of Transportation that the traffic control plan is satisfactory. 

 

SECTION 4 – TIMES.

 

No mass gathering authorized pursuant to the provisions of this chapter shall extend or be conducted beyond 12:00 midnight of any day, nor shall an authorized mass gathering commence activity on any day prior to 5:00 a.m.

 

SECTION 5 – REVOCATION OF PERMIT.   

 

Any permit granted hereunder may be revoked by the Town Board of the Town of Saratoga if it finds that the mass gathering for which a permit was issued is maintained, operated or occupied in violation of this chapter or the Sanitary Code of the State of New York. 

 

SECTION 6 – DENIAL OF APPLICATION.

 

If the Town Board of the Town of Saratoga shall deny any application for a permit under this chapter, the Town Clerk of the Town of Saratoga shall notify the applicant, in writing, of the disapproval and shall include therein the reasons for such disapproval.

 

SECTION 7 – TRANSFERABILITY OF PERMIT.

 

No permit issued by the Town Board shall be transferred or assigned to any person or used by any person other than the person to whom it was issued, nor shall any permit be used on any location other than the location stated in the permit application.

 

SECTION 8 – PENALTIES FOR OFFENSES; ADDITIONAL REMEDIES.

 

A.   A failure to comply with the provisions of this chapter shall be deemed a misdemeanor, and the violator shall be liable for a fine of up to One thousand dollars($1,000.00) for each such offense and/or imprisonment for not more than one (1) year. 

 

B.   In addition to the above-provided penalties, the Town Board may maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or restrain by injunction any violation of this chapter.

 

SECTION 9 – EFFECTIVE DATE.

 

This local law shall take effect immediately.      

 

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