Large Assembly Ordinance, Town of Weathersfield, VT

Weathersfield Ordinance Adoption

On 2/1/16, the Select Board of the Town of Weathersfield, Vermont adopted an ordinance entitled “Large Assembly Ordinance, Town of Weathersfield, Vermont.” The Ordinance will become effective on 4/2/16, sixty days after the date of its adoption by the Select Board, unless a petition is filed with the Town Clerk by 3/16/16, forty-four days after the date of its adoption. The petition should be addressed to the Select Board, should be signed by at least five percent of the qualified voters of this municipality, and should ask for a special meeting to be called on the question of disapproving the Ordinance. Simultaneously with this ordinance taking effect, the Weathersfield ordinance entitled “Regulation of Large Outdoor Assemblies” dated 5/18/87 shall become void. Questions and comments about the Ordinance may be directed to the Town Manager in the Municipal Offices, PO Box 550, Ascutney, Vermont, townmanager@weathersfield.org, (802) 674-2626. Copies may be obtained from the Town Manager or viewed at weathersfieldvt.org.

LARGE ASSEMBLY ORDINANCE

TOWN OF WEATHERSFIELD, VERMONT

[adopted 2/1/16; effective 4/2/16]

FINDINGS OF FACT
The Select Board of Town of Weathersfield has, pursuant to 24 V.S.A. § 1971 et seq., and 24 V.S.A. § 2291(14), the authority to define what constitutes a public nuisance and to provide procedures and take action for their abatement or removal as the public health, safety or welfare may require. 
The Select Board of the Town of Weathersfield finds that the assembly of large numbers of persons at exhibitions, festivals, gatherings, music concerts and sporting events can have an adverse effect on the general health and safety of a community and thereby create a public nuisance through, among other things, sanitation problems resulting from inadequate waste disposal, obstruction of local highways, improper disposal of solid waste, and interference with the use of public and private property. 
Therefore, to protect the public health, safety and welfare of the residents of the Town of Weathersfield and those persons attending large assemblies, the Select Board of the Town of Weathersfield hereby adopts this ordinance to regulate large assemblies.
Section 1: DEFINITIONS

1.0       DEFINITIONS:   For the purpose of this ordinance the terms defined in this ordinance shall have the following meanings:

PERMIT: A written statement, issued by the Select Board of the Town of Weathersfield authorizing the holding of a large assembly under stated conditions as to time, place and manner.

PERSON: An individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity.

LARGE ASSEMBLY:   A gathering of 150 or more individuals at any location in the Town of Weathersfield at any single time for the purpose of musical, political, promotional, sports or social entertainment or other similar type of activity, but shall not include a gathering occurring at any permanent place of worship, athletic field, auditorium, or public or private school.

Section 2: LARGE ASSEMBLY PERMIT

2.01     SUBJECT OF PERMIT:   Any person, other than the Town of Weathersfield or the
Town of Weathersfield School District, who intends to hold or organizes or promotes a large assembly in the Town of Weathersfield shall first obtain a permit to do so.  

Section 3: PROCEDURE

3.01     APPLICATION:   An application for a permit to hold a large assembly shall be filed with the Select Board of the Town of Weathersfield not less than thirty and not more than one hundred twenty days before the date of the proposed large assembly. For good cause shown, the Select Board may allow exceptions to these filing deadlines. The application shall be in writing and shall include:

            a.         The date and hours the assembly is to be held.

b.         The name, street address, and telephone number of the applicant, the principal officers of the applicant, the individual making the application, and any other persons authorized to represent the applicant in applying for the permit.

c.         The name, street address, and telephone number of the owner of the location where the assembly will occur.

            d.         The estimated number of persons expected to attend the assembly.

            e.         The general nature of the assembly.

f.          The arrangements made by the applicant to protect the public health and safety including arrangements with respect to parking, traffic safety, crowd control, and sanitation facilities.

g.         Whether alcohol will be served.

h.         Such other information as may be required for the Select Board to determine whether or not the permit should be granted.

3.02     APPLICATION MEETING:   The applicant may, and if requested by the Select Board, shall appear before the Select Board to provide additional information and answer questions concerning the application. The Select Board may, in its discretion, hold a hearing on an application to take testimony and evidence.

3.03     CONSULTATION:   Prior to issuing a permit hereunder, the applicant shall confer with the Police Chief, Town Manager, Public Works Supervisor, and appropriate Fire Chief with regard to appropriate conditions for parking, traffic safety, crowd control, sanitation, and security.

3.04     ACTION ON APPLICATION:   The Select Board may issue the permit as requested by the applicant or may issue the permit subject such conditions as may be reasonably necessary to protect the public health, safety, and welfare of the residents of the Town of Weathersfield and persons attending the assembly.

3.05     CONDITIONS:   The Select Board may impose reasonable conditions upon a large assembly permit to ensure that:

            a.         Public sanitation, food, water, and emergency medical conditions are adequate.

b.         The time, place, and duration of the assembly are suitable in view of the number of persons expected to attend.

c.         The assembly will not result in undue adverse traffic congestion and unsafe conditions with respect to use of the public highways.

            d.         Measures for controlling the crowd and managing the assembly are adequate.

e.         The assembly will not substantially impair the provision of fire and police protection and medical and other essential public services.

f.          The assembly will not unreasonably interfere with the quiet enjoyment of other properties in the Town.

            g.         All solid waste incidental to the assembly will be removed and properly disposed.

h.         All other necessary state and local permits and approvals have been obtained by the applicant.

3.06     BOND: As a condition of granting a permit, the Select Board may require that the applicant post a bond or letter of credit sufficient to provide adequate security for compliance with the terms and conditions of any permit granted hereunder. The amount of such bond shall include costs necessary to reimburse the Town for cost incurred by the Town in fulfilling any condition not fulfilled by the applicant, the cost of any enforcement action brought by the Town, and the cost for repair to any public property, facility, or improvement.

3.07     DENIAL OF PERMIT: If the Select Board finds that it is reasonably likely that an assembly will substantially harm the public health, safety or welfare and that this harm cannot be avoided by the imposition of appropriate conditions, then the Select Board may deny a large assembly permit.  

3.08     APPEAL: An applicant aggrieved by a decision of the Select Board may appeal that decision to the Windsor County Superior Court.

Section 4: ENFORCEMENT AND PENALTY

4.01     CIVIL MATTER: A violation of this ordinance shall be a civil matter which may be enforced in the Vermont Judicial Bureau or in the Windsor County Superior Court, at the election of the Select Board. A civil penalty of not more than $500.00 per violation may be imposed for violation of this ordinance. Each day that the violation continues shall constitute a separate violation of this ordinance.

4.02     JUDICIAL BUREAU: Violations enforced in the Judicial Bureau shall be in accordance with the provisions of 24 V.S.A. §§ 1974a and 1977 et seq.   For purposes of enforcement in the Vermont Judicial Bureau, any Weathersfield police officer, the Health Officer or Deputy Health Officer, or Town Manager shall be the designated enforcement officer(s). Said designee(s) shall issue tickets and may be the appearing officer at any hearing. The waiver fee shall be $250.00.

4.03     SUPERIOR COURT: Violations enforced in the Superior Court shall be in accordance with the Vermont Rules of Civil Procedure. The Select Board may pursue all appropriate injunctive relief.

Section 5: SEVERABILITY

5.01     SEVERABILITY:   If any section of this ordinance is held by a court of competent jurisdiction to be invalid, such finding shall not invalidate any other part of this ordinance.

Section 6: EFFECTIVE DATE

6.01     EFFECTIVE DATE:   This ordinance shall become effective 60 days after its adoption by the Select Board if a petition is filed under 24 V.S.A. § 1973, that statute shall govern the taking effect of this ordinance. Simultaneously with this ordinance taking effect, the Weathersfield ordinance entitled “Regulation of Large Outdoor Assemblies” dated 5/18/87 shall become void.

Dated at Weathersfield, Windsor County, Vermont this 1^st day of February, 2016.

WEATHERSFIELD SELECTBOARD

N. John Arrison, Chairperson; Daniel Boyer, Vice-Chairperson; C. Peter Cole, Board Clerk; Lynn Esty, Select Board Member; and David Fuller, Select Board Member