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