HomeMy WebLinkAboutDRAFT Danby Special Event Law Ver.02DRAFT
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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:
Sec on 1. Defini ons
As used in this chapter, the following terms shall have the meanings indicated:
OPERATOR
The person, en ty or organiza on which organizes and operates a special event and the owner
of the property where the event is held are collec vely 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 a endees
and/or traffic genera on of more than 50 vehicles and:
a.Be more than eight hours in dura on; 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 ac vi es such as weddings, family gatherings, holidays, par es,
religious celebra ons and func ons, gradua on par es and other similar events,
occurring within, or upon the grounds of, a private property, where the property
owner receives no remunera on for hos ng the event and guests/a endees are
not charged a fee or asked to contribute a dona on for admission; or
b.An event held on commercial, ins tu onal, or public property with available
parking for such event.
Sec on 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 applica on shall be submi ed 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.
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Sec on 3. Requirements
A.No special event shall be more than four days in dura on.
B.No more than four special event permits per calendar year shall be issued to the same
operator or for the same property. Any applica ons 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 opera on of traffic and parking on the
property where the special event is held and will provide an a endant 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 addi onal 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.
Sec on 4. Special Event Permit Applica on
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 iden fies 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 applica on.
B.Every applica on for a special event permit shall be accompanied by the following:
a.An applica on fee set by resolu on of the Town Board.
b.An insurance binder or other wri en 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 facili es by the Tompkins County Whole Health
Department.
d.A parking/event plan that includes the following:
i.The size of the property and its loca on in rela on to abu ng streets or
highways.
ii.The size and loca on of any exis ng building(s) or structure(s) that will be
in opera on during the course of the event and any proposed building,
structure or signs to be erected temporarily for the event.
iii.The loca on of the stage or tents, if any.
iv.The designated areas of use for spectators, exhibitors, vendors,
employees and organizers.
v.The loca on of all exits.
vi.The loca on of all fire ex nguishers and other fire safety equipment.
vii.The loca on of all temporary u li es to be installed for the event, if any.
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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 loca on of speakers
and other audio equipment. A descrip on of other amplified sound
expected to occur from the property with a good faith es mate of the
an cipated dB levels of the sound as measured from adjoining property
lines.
xi.A descrip on of emergency access and facili es related to the event.
xii.Provisions to dispose of any garbage, trash, rubbish or other refuse.
xiii.The loca on and a descrip on of any addi onal ligh ng to be u lized in
conjunc on with the event.
xiv.The loca on of sanitary facili es on site.
Sec on 5. Applica on review procedure
In determining whether to grant, grant with condi ons, 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 facili es available.
C.The availability of highways and other means of transporta on to and from the site.
D.The impact of the event on the safe and orderly movement of traffic within and
con guous to the event.
E.The impact of the event on fire and ambulance service to the areas con guous to the
event and to the Town in general.
F.The impact of the event on the movement of firefigh ng equipment or ambulance
service to the Town or to areas con guous 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.Verifica on that there are no outstanding viola ons on the property at which the event
will be held or any outstanding or unsa sfied condi ons of a Town agency approval,
including, but not limited to, those of the Planning Board and the Board of Zoning
Appeals.
J.Verifica on that the grant of the permit will not violate any exis ng covenants or
easements on the property.
K.Whether a permit has been granted for a prior event that was the same or substan ally
similar in size and scope to the event applied for.
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L.If an applicant is reques ng a special event permit for the same or substan ally similar
charitable event that was held the previous year, a verifica on must be submi ed from
those chari es listed on the previous year's applica on.
M.Any other ma ers that relate to the health, safety and welfare of the general public.
Sec on 6. Denial of permit applica on
Notwithstanding the above criteria contained in Sec on 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 ci zens of the Town or the safety of
par cipants and/or a endees 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 proper es 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 viola on 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 facili es, 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 ci zens of the Town or the safety of
par cipants and/or a endees 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 omi ed relevant informa on in the applica on.
G.The applicant has failed to conduct a previously permi ed 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 jurisdic on the event or por on thereof will occur.
I.Exterior ligh ng at the special event uses or will use search lights, strobe lights, laser
lights or revolving lights.
Sec on 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 reconsidera on of the
applica on by filing an appeal with the Town Clerk within 10 days of the date of the denial. A
complete copy of the applica on submi ed to the Planning and Zoning Department shall
accompany the request for reconsidera on. The Town Board may, following a public hearing,
affirm or reverse the determina on of the Zoning Officer subject to any condi ons deemed
appropriate under the circumstances.
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Sec on 8. Penal es for offenses
A.Failure to comply with the requirements of this chapter shall cons tute a viola on and
shall be punishable by a fine of $1,000 for the first viola on and $2,000 for each
subsequent viola on.
B.Each day of failure to comply with the requirements of this chapter shall cons tute a
separate viola on.
Sec on 9. Par al invalidity
If any provision of this local law is found to be invalid by a court of competent jurisdic on, such
invalidity shall not affect any other provisions of this local law.
Sec on 10. Effec ve date
This local law shall take effect immediately.
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