LL #10-1975TONIN OF WAPPINGER
DUTCHESS COUNTY, NEW YORK
LOCAL LAW NO.l0,YEAR 1975
A Local Law regulating the assembly of persons in public places within the
Town of Wappinger, Dutchess County, New York.
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Article 1 -- Purposes
SECTION 1
This Town Board, in order to promote proper government and to insure
the proper protection, order, conduct, safety, health, welfare and well-
being of persons or property within the Town of Wappinger, Dutchess
County, finds it is in the public interest to enact this local law.
Article II -- Definitions
SECTION 2.1 Definitions
Unless otherwise expressly stated, the following terms shall,for the
purpose of this local law, 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.
PERSON shall mean any individual, firm, company, association, society,
corporation, or group.
SHALL is mandatory; MAY is permissive.
TOWN OF WAPPINGER or TOWN shall include the Town Board of the Town
of Wappinger.
ASSEMBLY shall mean the gathering collecting or congregating of
persons with or without the levy of an admission fee.
PUBLIC PLACE shall mean a place to which the pihblic or a substantial
group of persons is invited or has access.
BUILDING shall mean a structure wholly or partially enclosed within
exterior walls and a roof, of permanent or temporary nature affording
shelter to persons, animals or property.
STRUCTURE shall mean a combination of materials to form a
construction that is safe and stable and includes among other things,
stadiums, stages, platforms, ra4ftm towers, sheds, storage bins, tents,
billboards and display signs.
ARTICLE III -- Permit to be issued to Town
Section 3.1
No person shall use, allow, let or permit to be used property for
the assembly of persons in excess of five thousand (5,000) unless a
written permit authorizing such use shall have been obtained from the
Town Board.
SECTION 3.2
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.
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 Clerl,by certified mail, return
receipt requested. Such application shall include the following written
material:
a. 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 directors4 if'the applicant does not reside
in the Town of Wappinger, 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
Wappinger 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.
b. A statement containing the name and address of the record owner
of the property and the nature and interest of applicant therein; the
proposed dates and hours of such assembly; the expected maximum number
of persons intended to use the property at one time and collectively;
and the purpose of the function, including the nature of activities to be
carried on and the admission fee to be charged, if any.
c. 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.
d. A plan or drawing showing the method to be used for the disposal
of sanitary sewage.
e$ A plan or drawing showing the method to be used for the supply,
storage and distribution of water.
f. A plan or drawing showing the layout of any parking area for auto-
mobiles and other vehicles and the means of ingress and egress to such
parking area. Such parking area shall provide one parking space for
for every four persons in attendance.
g. A statement containing the type, number and location of any radio
device, sound amplifier, loud speaker, sound truck or other similar
sound equipment.
h. A statement specifying whether food or beverage is intended to be
prepared, sold or distributed, a sta&--d ntc spec`Ifyiirg' the m66 hod of
preparation and distribution of �f6od or beverage and the method of
disposing of any garbage, trash, 1-ubbish or other refuse arising there-
from. If a person, other than the person applying for the permit will
engaged in the sale and distribution of food or beverage, the name and
and address of such person shall be submitted. All garbage, trash,
rubbish or other refuse shall be stored until removed at an un-
obtrusive 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. &
7:00 A. M.
i. A statement specifying whether any private security guards or
jam
police will be engaged and, if so, the names and addresses of
such persons, and the duties to be performed by such persons.
j. A statement specifying the precautions to be utilized for
fire protection, and a map specifying thelocation of fire lands
and water supply for fire control.
k. 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 suchlights and signs. In
addition, no light on any part of 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 devises so that no unreasonable glow
shall shine beyond the propertyline of the assembly,
1. A statement specifying the facilities to be available for
emergency treatment of any person who might require immediate
medical or nursing attention.
m. 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.
n. A statement that no soot, cinders, smoke, noxious acids, fumes,
gases or unusual odors shall be permitted to unreasonalby emanate
beyond the property line of the assembly.
o. 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.
p. A statement that no loud, unnecessary or unusual noise shall be
permitted to be made, continued or causedto made or continued so as
to be unreasonably audible beyond the property line of the assembly.
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.
SECTION 3.3
The Town Board, before issuing any permit, shall require the
applicant to get the approval of any or all of the following ap-
plicable governmental agencies:
a. The New York State Health Department, The County Health Officer
and the New York State Water Resources Commission as to any proposed
sanitary sewage disposal system.
b. The New York State Health Department, the Town Building Inspector,
The Town Health Officer, and the New York State Water Resources Com-
mission as to any proposed system for the supply, storage and dis-
tribution of water.
c. The Dutchess County Highway Department, the New York State
Department of Transportation, the Dutchess County Sheriff's Department,
the New York State Police, the Chief Engineer of the controlling Fire
District, the Fire Commissioners of the controlling Fire District,
the Fire Advisory Board of the County of Dutchess as to the proposed
parking area.
d. The Zoning Board of Appeals and Building Inspector as to the pro-
posed type, number and location of any sound producing equipment.
e. The New York State Health Department and the County Health Officer
as to the proposed method of preparing, selling or distributing food
or beverage and the removal of trash, rubbish or garbage arising there-
from.
f. The Dutchess County Sheriff's Department and the New York State
Police as to any proposed private security or police protection.
g. The Chief Engineer of the controlling Fire District, the Fire
Advisory Board of Dutchess County and the Fire Coordinator of
Dutchess County as ;to any proposed fire protection system.
h. The Zoning Board of Appeals and Building Inspector as to any
proposed outdoor lights and signs.
i. The New York State Health Department and County Health
Officer as to any proposed facilities for emergency medical or
nursing treatment.
j. The Town Building Inspector and the 'Zoning Board of Appeals as
to any proposed camping or housing facilities.
SECTION 3.4
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 $500,000.00 - $1,000,000.00 for bodily injdry
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 the granting of the
permit, and non -cancellable without ten (10) days prior written 1
notice tothe Town.
c. No permit shall be issued unless the applicant shall deposit with
the Town Clerk cash or good surety company bond, approved by the Town
Board, in the minimum sum of $500,000.00 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 re-
main upon any public or private property, by reason of the granting
of the permit; which cash shAll be refunded or surety company bond
cancelled upon certification to the TownBoard by the Building Inspector
that all conditions of this local law have been compiled with.
SECTION 3.5
The Town shall deny the issuance of a permit if it shall find
that any of the items as set forth in Section 3.2 of this local law
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 Section 3.3 of this law
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.
QVOTTONT q A
If after a permit is issued, the Town Board through its lawful
agents determine that any of the items as set forth in Section 3.2
of this local law and as specified in the applicant's veriied
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 Section 3.3 of
this local law is revoked at any time, such permit shall become null
and void.
ARTICLE IV -- FEES
SECTION 4.1
The applicant shall pay to the Town a fee of $100.00 at such time
as he submits his application, which fee shall be returned by the
Town if such permit not be issued.
ARTICLE V -- ENFORCEMENT AND PENALTIES
`SECTION 5.1
Any person who shall use, allow, let or permit to be used property
for the assembly of persons in excess of five thousand ($5,000) or any
persons who shall cause the gathering, collecting or congregating of
Op
persons in excess of five thousand (5,000) persons in public places
without having a 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 the local law shall be deemed to have committed a mis-
demeanor, and shall be liable for the penalties provided. A sep-
arate offense against this local law 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.
SECTION 5.2
For each violation of a provision of this local law the person
violating the same shall be guilty of a misdemeanor and shall be
subject to a fine of not more than $1,000.00 or imprisonment not to
exceed one year, or borth such fine and imprisonment, provided, how-
ever, that fines for corporations shall be those specified in Penal
Law 980.10 for which a term of imprisonment in excess of three months
is authorized or in the alternative, any higher amount not exceeding
double the amount of the corporation's gain from the commission of
the offense.
SECTION 5.3
Any person violating this local law shall be subject to a
civil penalty enforceable and collectable by the Town in the amount
of $100.00 for each offense.
SECTION 5.4
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 re-
strain by injunction the violation of such local law.
ARTICLE VI -- SEPARABILITY
�7ECTION 6.1
Should any section or provision of this local law be decided by
the Courtsto:be.unconstitutionalror invalid, such decision shall not
affect the validity of the local law as a whole or any part there6f
other than the part so decided to be unconstitutional or invalid.
ARTICLE VII -- EFFECTIVE DATE
SECTION 7.1
This local law shall become effective after filing in the
office of the Secretary of State, State of New Yor K