PLEASE TAKE NOTICE that the Town Board of the Town of Hancock, Delaware County,
New York, after holding a public hearing on July l, l970, at 7:30 o'clock, P.M.
(E.D.S.T.), at the Municipal Building in the Village of Hancock, New York, and
hearing all interested persons, did enact an Ordinance of the Town of Hancock
as follows:
AN ORDINANCE REGULATING THE ASSEMBLY OF PERSONS WITHIN THE TOWN OF HANCOCK,
DELAWARE COUNTY, NEW YORK
BE IT ENACTED by the Town Board of the Town of Hancock, Delaware County,
New York, as follows:
ARTICLE I: Purposes.
Sec. l: The Town Board, in order to promote proper government and
insure the proper protection, order, conduct, safety, health, welfare, and well-
being of persons and property within the Town of Hancock, Delaware County,
New York, finds that it is in the public interest to enact this Ordinance. This
Ordinance shall regulate the assembly of persons where such assembly exceeds
three thousand five hundred (3500) persons at any place within the Town of
Hancock, Delaware County, New York.
ARTICLE II: Definitions.
Sec. 2.l: Unless otherwise expressly stated the following terms shall,
for the purpose of this Ordinance, have the meaning herein indicated. Words
used in the present tense include the future; the singular number includes the
plural, and the masculine shall include the feminine.
(a) Person shall mean any individual, firm, company, association,
society, corporation or group.
(b) Shall is mandatory and may is permissive.
(c) Assembly shall mean the gathering or collecting or congregating
of persons at any place within the Town with or without the levy of an
admission fee, for a common purpose such as, but not limited to, sports events,
circuses, carnivals, festivals, music festivals, religious observances.
(d) Building shall mean a structure wholly or partially enclosed with
exterior walls and a roof, of permanent or temporary nature, affording shelter to
persons, animals or property.
(e) Structure shall mean a combination of materials to form a
construction that is safe and stable and includes among other things, stadiums,
stages, prop forms, radio towers, sheds, storage bins, tents, billboards, space
signs.
ARTICLE III: Permit to be issued by Town.
Sec. 3.l: No person shall use, allow, let or permit to be used property
for the assembly of persons in excess of three thousand five hundred (3500)
unless upon a written permit authorizing such use and assembly issued by the
Town Board through its Clerk.
Sec. 3.2: Application for such permit shall be by verified petition on
forms to be furnished by the Town, addressed to the Town Board and filed with
the Town Clerk at least forty five (45) days prior to the date upon which such
use and assembly shall occur. The Town Board shall act upon the application
within thirty (30) days after its submission. Such application shall include the
following information:
(a) 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 its directors; if the applicant does not reside within the
Town of Hancock, the name and address of an agent who shall be the natural
person and who shall reside in or have a place of business in the County of
Delaware and who shall be authorized to and shall agree by verified statement
to accept notices or summons issued with respect to the application, the conduct
of the assembly or use in any manner involving it arising out of the application,
construction or application of this Ordinance.
(b) A statement containing the name, address and record owner of
the property where the assembly and use shall occur and the nature and interest
of the applicant therein; the proposed dates and hours of such assembly and
use; the expected maximum number of persons intended to use the property at
one time and collectively; the expected number of automobiles and vehicles
intended to use the property at one time and collectively; and the purpose of the
assembly and use, including the nature of the activity to be carried on and the
admission fee to be charged, if any.
(c) A map prepared by a licensed Land Surveyor or licensed
professional engineer showing the size of the property; the zoning district (if
any) in which it is located; the names and record owners of the adjoining
properties; the streets or highways abutting the said property; the size and
location of any existing building, buildings or structures to be erected for the
purpose of the assembly and use.
(d) A plan or drawing to scale prepared by a licensed professional
engineer or Licensed Land Surveyor showing the method and manner in which
(l) sanitary facilities are to be provided for the disposal of human waste,
garbage and other debris, ((2) the method and manner in which water will be
supplied, stored and distributed to those people attending.
(e) A plan drawn to scale showing the layout of any parking area for
motor vehicles including the means of egress and ingress to such parking area
(f) A statement containing the type, number and location of any
radar device, sound amplifier or loud speaker or sound truck, or other similar
sound equipment.
(g) A statement specifying whether food or beverage is intended to
be prepared, served, or distributed. If food or beverages are 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
garbage, trash, rubbish or any other refuse arising therform. If food or
beverages are to be prepared, sold and disributed, a plan or drawing to scale
must be attached to the application showing the buildings or other structure
from which the food or beverages shall be prepared, sold or distributed.
(h) A statement specifying whether any private security guards or
police will be engaged and if so, the numbers and duties to be performed by
such persons, including the hours to be worked and areas of responsibility.
(I) A statement specifying the precautions to be utilized for fire
protection including a plan or drawing to scale specifying the location of fire
lanes and water supply for fire control.
(j) 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
illuminating power of such lights and signs.
(k) A statement specifying the facilities to be available for
emergency treatment of any person who may require medical or nursiing
attention.
(I) A statement specifying whether any camping or housing
facilities are to be available and if so, a plan drawn to scale showing the
intended number and location of the same.
(m) A statement specifying the contemplated duration of the
assembly and use.
(n) If the assembly and use is to continue from one day into
another, a statement specifying the camping or housing facilities available or to
be made available on the premises.
Sec. 3.3 No permit shall be issued unless it is clearly shown that the
following are provided for:
(a) Drinking water adequate in quantity and quality satisfactory to
the permit issuing official. Drinking water shall be readily available to all
persons attending the assembly or use. Only drinking water shall be so
delivered or piped as to be easily accessible. A well or spring used as a source
of drinking water, and the structure used for the storage of drinking water shall
be so constructed and located as to protect the contents against pollution. A
pipe or pump delivering the drinking water shall be of the type and installation
acceptable to the permit issuing official. There shall be no physical connection
between a pipe carrying drinking water and pipe carrying water not of a quality
satisfactory to the permit issuing authority. A fixture, installation or equipment
from which back-siphonage may occur, shall not be supplied water from a pipe
carrying drinking water. All pipes carrying drinking water shall be buried to a
sufficient depth below the surface of the ground to prevent their damage or
destruction. A common drinking container shall not be provided or allowed to
be used. Any drinking fountain shall be of approved sanitary design and
construction. Where water treatment process is employed an accurate and
complete report of the process and operation thereof shall be maintained daily
and no change of the source of nor in the method or treatment of a drinking
water supply shall be made without first notifying the permit issuing official
and securing his written approval to do so.
(b) Toilet facilities adequate for the capacity of the assembly or use.
These facilities shall be so located as to be conveniently available and shall be
so constructed and maintained that they will not be offensive. Toilet facilities
for groups of people consisting of both sexes shall be so arranged that the
facilities shall be separate for each sex. No privy shall be so located or
constructed that it will not by leakage or seepage possibly pollute water supply,
surface water or adjacent ground surface and shall be constructed in accordance
with the requirements of the State Department of Health and shall be
maintained so that it will not permit access of flies to the privy vault.
(c) Adequate facilities for the satisfactory disposal or treatment and
disposal of sewage shall be maintained. Such facilities shall meet with the
standards and requirements of the New York State Department of Health.
(d) Adequate supply of food including provisions for sanitary
storage, handling and protection of food and beverages until served or used. A
showing must be made that where food is to be prepared or consumed there are
facilities for washing, disinfecting and storing dishes and food utensils.
(e) Adequate off street and off road facilities for the contemplated
number of people attending the assembly or use. Parking space shall be
provided for at least one car for every four persons in attendance.
(f) Adequate camping and housing facilities for the contemplated
number of people in attendance, if it is contemplated that the assembly or use
shall extend from one day to another.
(g) An adequate number of access roads to and from the site of the
assembly or use.
(h) Adequate medical facilities including a first aid station. It must
be shown that at least one doctor shall be in attendance at all times and that at
least one Registered Nurse for each thirty-five hundred (3500) people in
attendance will be on duty at all times.
Sec. 3.5: No permit shall be issued unless the owner and his tenant or
lessee, 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 and the facilities to be provided thereon.
Sec. 3.6 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 person or property with limits of not less than
$500,000/$l00,000 for bodily injury or death and limits of not less than
$500,000 for property damage sufficient to save the Town harmless from any
liability or cause of action which might arise by reason of the granting of the
permit and not cancelable without ten days prior written notice to the Town.
Sec. 3.7: Any permit issued may be revoked by the Town Board
through its Clerk if at any time it should be determined that the applicant has
failed to provide the facilities as specified in the application or that the setting
up of the facilities provided for in the application cannot be reasonably
accomplished within the time or date set for the assembly or use.
ARTICLE IV: Fees.
Sec. 4.l Each application shall be accompanied by a fee in the amount
of $l00.00 at the time of its submission. The fee shall compensate the Town for
its examination and processing of such application and shall not be refundable
in whole or in part.
ARTICLE V: Enforcement and Penalties.
Sec. 5.l: Any person who shall use, allow, let or permit to be used
property for the assembly of persons in the excess of three thousand and five
hundred (3500), or any person who shall cause the gathering, collecting or
congregating of persons in excess of three thousand five hundred (3500) at any
place within the Town without first obtaining a written permit in accordance
with the provisions of this Ordinance shall be deemed to have violated this
Ordinance. Any person who commits or permits any act in violation of any
provisions of this Ordinance shall be deemed to have committed a
misdemeanor against such Ordinance and shall be liable for the penalties
provided.
Sec. 5.2: For each violation of the provisions of this Ordinance the
person violating the same shall be subject to a fine of not more than $500.00
nor less than $100.00, or imprisonment not to exceed one year, or to both such
fine and imprisonment
Sec. 5.3: 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 to restrain by injunction,
the violation of such Ordinance.
ARTICLE VI: Separability.
Sec. 6.l: Should any section or provision of this Ordinance be decided
by any court to be unconstitutional or invalid, such decision shall not affect the
validity of the Ordinance as a whole or any part thereof other than the part so
decided to be unconstitutional or invalid.
ARTICLE VII: Effective date.
Sec. 7.1: This Ordinance shall become effective ten days after
publication and posting of this Ordinance pursuant to Section 133 of the Town
Law.
Dated: July 9, l970.
By Order of the Town Board of the Town of Hancock
By: Florence A. Whiting, Town Clerk.
|
TOWN LAW