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HomeMy WebLinkAboutDRAFT Danby Special Event Law Ver.02DRAFT Dra Version 02 TOWN OF DANBY Local Law No.___ of 2024 SPECIAL EVENT LAW A Local Law Establishing Procedures and Enforcement of Special Events Adopted by the Danby Town Board on ____________, 2024 Be it enacted by the Town Board of the Town of Danby as follows: Secon 1. Definions As used in this chapter, the following terms shall have the meanings indicated: OPERATOR The person, enty or organizaon which organizes and operates a special event and the owner of the property where the event is held are collecvely referred to as the "operator" for purposes of this chapter. SPECIAL EVENT A.Any event or gathering in the Town of Danby which will result in 100 or more aendees and/or traffic generaon of more than 50 vehicles and: a.Be more than eight hours in duraon; or b.Involve overnight camping on property; or c.Go past 10:00 PM; or d.Require a fee for admission B.The following shall not be considered a "special event" for purposes of this chapter: a.Events or acvies such as weddings, family gatherings, holidays, pares, religious celebraons and funcons, graduaon pares and other similar events, occurring within, or upon the grounds of, a private property, where the property owner receives no remuneraon for hosng the event and guests/aendees are not charged a fee or asked to contribute a donaon for admission; or b.An event held on commercial, instuonal, or public property with available parking for such event. Secon 2. Special Event Permit Required A.No operator shall hold a special event in the Town of Danby, or permit such an event to be held on property he, she or it owns, without first obtaining a special event permit from the Town of Danby as prescribed in this chapter. B.The special event permit applicaon shall be submied to the Town Zoning Officer at least 62 days before the event. C.The permit shall be obtained at least 14 days before the special event. 1 DRAFT Town of Danby Special Event Law DRAFT Secon 3. Requirements A.No special event shall be more than four days in duraon. B.No more than four special event permits per calendar year shall be issued to the same operator or for the same property. Any applicaons for special event permits in excess of this limit must be made to the Town Board of the Town of Danby. C.The operator shall be responsible for safe operaon of traffic and parking on the property where the special event is held and will provide an aendant to oversee and regulate traffic on the property. D.The operator shall provide proof of liability insurance for the special event in an amount of no less than $1,000,000, naming the Town of Danby as addional insured. Any request to maintain a lower amount of insurance coverage will require approval from the Town Board. E.If the special event will include overnight camping, the operator will obtain all necessary approvals from the Tompkins County Whole Health Department prior to applying for the special event permit from the Town of Danby. Secon 4. Special Event Permit Applicaon A.The operator of the special event shall apply to the Zoning Officer of the Town of Danby for the special event on a form provided by the Town, which idenfies the property where the event will take place by address and tax parcel number. The owner of the property where the event will be held must join in the applicaon. B.Every applicaon for a special event permit shall be accompanied by the following: a.An applicaon fee set by resoluon of the Town Board. b.An insurance binder or other wrien proof of insurance coverage as required by this chapter. c.If the special event will include overnight camping, copies of all documents showing approval of the camping facilies by the Tompkins County Whole Health Department. d.A parking/event plan that includes the following: i.The size of the property and its locaon in relaon to abung streets or highways. ii.The size and locaon of any exisng building(s) or structure(s) that will be in operaon during the course of the event and any proposed building, structure or signs to be erected temporarily for the event. iii.The locaon of the stage or tents, if any. iv.The designated areas of use for spectators, exhibitors, vendors, employees and organizers. v.The locaon of all exits. vi.The locaon of all fire exnguishers and other fire safety equipment. vii.The locaon of all temporary ulies to be installed for the event, if any. 2 DRAFT Town of Danby Special Event Law DRAFT viii.The layout of any parking area for automobiles and other vehicles and the means of ingress and egress for such parking areas. ix.A traffic control plan for vehicles entering and leaving the site for the proposed event. x.A plan for the use of live outdoor music, loudspeakers and other sounds which will be used, if any, including the expected dB level of any music, loudspeakers and/or other sounds and the type and locaon of speakers and other audio equipment. A descripon of other amplified sound expected to occur from the property with a good faith esmate of the ancipated dB levels of the sound as measured from adjoining property lines. xi.A descripon of emergency access and facilies related to the event. xii.Provisions to dispose of any garbage, trash, rubbish or other refuse. xiii.The locaon and a descripon of any addional lighng to be ulized in conjuncon with the event. xiv.The locaon of sanitary facilies on site. Secon 5. Applicaon review procedure In determining whether to grant, grant with condions, or deny a special event permit, the Zoning Officer shall consider the following: A.The size and capacity of the site to accommodate the proposed event. B.The facilies available. C.The availability of highways and other means of transportaon to and from the site. D.The impact of the event on the safe and orderly movement of traffic within and conguous to the event. E.The impact of the event on fire and ambulance service to the areas conguous to the event and to the Town in general. F.The impact of the event on the movement of firefighng equipment or ambulance service to the Town or to areas conguous to the event. G.The impacts on adjacent property owners and the surrounding neighborhood and neighborhood character. H.Whether the owner, applicant or event sponsor has violated a previously issued special event permit. I.Verificaon that there are no outstanding violaons on the property at which the event will be held or any outstanding or unsasfied condions of a Town agency approval, including, but not limited to, those of the Planning Board and the Board of Zoning Appeals. J.Verificaon that the grant of the permit will not violate any exisng covenants or easements on the property. K.Whether a permit has been granted for a prior event that was the same or substanally similar in size and scope to the event applied for. 3 DRAFT Town of Danby Special Event Law DRAFT L.If an applicant is requesng a special event permit for the same or substanally similar charitable event that was held the previous year, a verificaon must be submied from those charies listed on the previous year's applicaon. M.Any other maers that relate to the health, safety and welfare of the general public. Secon 6. Denial of permit applicaon Notwithstanding the above criteria contained in Secon 5 above, the Zoning Officer may deny a special event permit or revoke, suspend or modify a special event permit based on any of the factors below: A.It is determined that there are inadequate Town resources available to protect the health, safety, property and general welfare of the cizens of the Town or the safety of parcipants and/or aendees of a special event. B.The special event will disturb the public peace and good order of the Town or neighborhood or adversely affect the use and enjoyment of adjoining properes or the conduct of such event will not be consistent with or will jeopardize the health, safety, property or general welfare of neighboring residents and/or the Town at large. C.The special event has been subject to a violaon or has had any adverse impacts on the surrounding property in the Town within the last three years. D.The special event does not provide for sufficient services or facilies, including but not limited to parking and first aid or emergency medical services, that are reasonably necessary to ensure that such event will be conducted with due regard for the health, safety, property and general welfare of the cizens of the Town or the safety of parcipants and/or aendees of a special event. E.The special event may create a high probability of disorderly conduct likely to endanger public safety or to result in significant property damage. F.There are materially false statements or omied relevant informaon in the applicaon. G.The applicant has failed to conduct a previously permied special event in accordance with the law or the terms of a permit, or both. H.The applicant has not obtained the necessary approval of any other Town or public agency within whose jurisdicon the event or poron thereof will occur. I.Exterior lighng at the special event uses or will use search lights, strobe lights, laser lights or revolving lights. Secon 7. Appeal from denial An applicant who is denied a special event permit or whose permit was revoked, suspended or modified by the Zoning Officer may apply to the Town Board for reconsideraon of the applicaon by filing an appeal with the Town Clerk within 10 days of the date of the denial. A complete copy of the applicaon submied to the Planning and Zoning Department shall accompany the request for reconsideraon. The Town Board may, following a public hearing, affirm or reverse the determinaon of the Zoning Officer subject to any condions deemed appropriate under the circumstances. 4 DRAFT Town of Danby Special Event Law DRAFT Secon 8. Penales for offenses A.Failure to comply with the requirements of this chapter shall constute a violaon and shall be punishable by a fine of $1,000 for the first violaon and $2,000 for each subsequent violaon. B.Each day of failure to comply with the requirements of this chapter shall constute a separate violaon. Secon 9. Paral invalidity If any provision of this local law is found to be invalid by a court of competent jurisdicon, such invalidity shall not affect any other provisions of this local law. Secon 10. Effecve date This local law shall take effect immediately. 5 DRAFT Town of Danby Special Event Law