Special events are largely beneficial to the community; however,
special events which are likely to attract a large number of people
can adversely affect the well-being of Town residents and business
owners and strain municipal resources. Special events on public and
private property can disturb nearby residents in the peaceful enjoyment
of their homes and property, interfere with the general public's
normal use of highways and other municipal facilities, and can be
harmful to the public safety and welfare. To provide for the well-being
of the community, the Town Board establishes procedures whereby the
Town can be informed in advance of special events and be assured that
such special events, if appropriate under the Town Code and the Constitution
of the State of New York, can be accommodated without unduly burdening
the community or the resources of the Town of Ossining.
As used in this chapter, the following terms shall have the
meanings indicated:
BLOCK PARTY
A celebration or event confined to a residential street,
but shall not include a garage sale, yard sale, bazaar, rummage sale
or other similar activity having the principal purpose of fund-raising
for an individual or organization, nor shall it include a political
meeting or rally, carnival or theatrical or musical performance such
as concerts or similar events. No block party shall charge a fee for
any item, including but not limited to admission, food or beverage.
EXPRESSIVE ACTIVITY
Any assembly or similar gathering held for the purpose of
exercising free speech activity protected by either the First Amendment
to the United States Constitution or Article I, Section 8, of the
New York State Constitution, which shall include conduct the sole
or principal purpose of which is the expression, dissemination or
communication of opinions, views, or ideas and for which no fee or
donation is required as a condition of participation in such assembly.
It includes, by way of illustration and without limitation, press
conferences, speeches, protests and demonstrations.
EVENT LEVEL
A.
There are three event levels:
(1)
Event Level 1: anticipated attendance of participants, staff,
volunteers and others not to exceed a total of 299 over the course
of the entire event;
(2)
Event Level 2: anticipated attendance of participants, staff,
volunteers, and others between a total of 300 and 499 over the course
of the entire event; and
(3)
Event Level 3: anticipated attendance of participants, staff,
volunteers and others exceeds 500 over the course of the entire event.
B.
The event level will be determined by the Superintendent of Recreation and Parks or designee in consultation, where necessary, with other Town and/or Village departments after assessing the degree of municipal support services required for the event as provided in §
166-7.
PUBLIC PROPERTY
Property that is owned, operated, maintained, and/or controlled
by the Town. Examples of public property include, but are not limited
to, parking lots, plazas, public spaces, streets, sidewalks, parks
and water.
PARADE
Any march or procession consisting of people, animals, bicycles,
vehicles or a combination thereof, except funeral processions, on
any public street, sidewalk, alley, or other public right-of-way which
may obstruct, delay, or interfere with the normal flow of pedestrian
or vehicular traffic or may not comply with traffic laws or controls.
SPECIAL EVENT
Any gathering, demonstration, performance, exhibition, amusement
or activity that is conducted or sponsored by a person, organization,
entity or association other than the Town of Ossining, proposed to
be held on public property or on private property, either affecting
public property or requiring Town support services. Special events
do not include events held at legally operating restaurants or catering
or event venues. Examples of special events include, but are not limited
to, carnivals, circuses, fairs, bazaars, outdoor shows and concerts,
block parties not on dead-end streets, parades, religious processions,
walks, runs, marathons, group swims or plunges, bicycle races, which
may involve one or more of the following:
A.
The closing of a public street.
B.
The use, blocking or restriction of municipal property, roads,
or rights-of-way.
C.
The use of amplified sound exceeding the standards set forth in Chapter
130 (Noise) of the Town of Ossining Code.
D.
The sale or service of food and/or alcohol to the public.
E.
The substantial increase or disruption of the normal flow of
traffic on any street or highway.
F.
The placement of portable toilets.
G.
The placement of temporary no-parking or directional signs or
banners.
H.
Construction and/or installation of temporary structures, including
but not limited to a stage.
I.
Installation of a tent exceeding 400 square feet.
J.
If the event will take place in a Town park during hours not permitted for park operation under Chapter
138 of the Town Code.
K.
The use of municipal support services that would otherwise not
be necessary in the absence of such an event.
SPONSOR
An individual, group of individuals, corporation, or other
entity responsible for organizing the special event.
SUPERINTENDENT
Refers to the Superintendent of the Village of Ossining Department
of Recreation and Parks or his/her designee, which also serves as
the Town Department of Recreation and Parks pursuant to an intermunicipal
agreement.
SUPPORT SERVICES
Those services which can or must be provided by the Town
to ensure that a special event is conducted in such a manner as to
protect the safety, health, property and general welfare of Town and/or
Village of Ossining residents and property owners. Examples include
fire protection, crowd management and control, traffic management
and control, and sanitation services.
Any person or organization desiring to conduct or sponsor a
special event in the Town or on Town-owned property shall obtain a
special event permit in accordance with the procedure of this chapter.
Special event permits are not required for the following:
A. Funeral processions in motor vehicles from a funeral home, place
of worship or other location where a funeral service is held to a
cemetery, crematorium or other location of the deceased's final
resting place.
B. Regular sporting events held at facilities which are approved or
authorized for such purposes.
C. A student assemblage at any school chartered by New York State.
D. A gathering for the purpose of expressive activity, provided that
if the gathering is expected to be attended by 50 persons or more,
the sponsors provide the Town Supervisor with written notice at least
48 hours in advance of the gathering, and the name, address and contact
information of the sponsor, the proposed location or route, and the
date and time of the gathering shall be provided.
E. Events sponsored in whole or in part by the Town.
F. Gatherings for religious purposes held at facilities which are approved
or authorized for such purposes.
G. A wedding, birthday party, family reunion, graduation party, religious
observances or a similar gathering limited to the invited guests held
on private property with the consent of the property owner.
H. Block parties on dead-end streets. Applications for block parties
on dead-end streets shall be submitted to the Superintendent of Recreation
and Parks for approval and, where necessary, for review by appropriate
Town/Village departments. The organizer of the block party shall notify
all property owners/residents of the street(s) to be shut down and
of the terms of the proposed event and shall obtain the signatures
of a majority of those property owners/residents consenting to the
block party taking place. A fire lane sufficient for access by emergency/police
personnel shall be maintained at all times during the block party.
Block parties shall conclude by 9:00 p.m. Sunday through Thursday
and 10:00 p.m. on Friday and Saturday. The applicant(s) for the block
party shall agree, in writing, to hold the Town harmless from any
and all obligations and liabilities which may arise from the temporary
street closing which is the subject of the application. The applicant(s)
are responsible for the removal of litter and debris resulting from
the block party. The Superintendent of Recreation and Parks has the
option of requiring the applicant(s) to submit proof of liability
insurance for damage to property and personal injury arising out of
the temporary street closing.
Any person who violates any provision of this chapter shall
be guilty of a violation and shall, upon conviction, be subject to
the imposition of a fine in accordance with the following schedule
for each violation. Each day that a violation continues shall be deemed
a separate offense.
A. For the first offense, a fine of not less than $500 nor more than
$2,000 for each offense, plus any costs incurred by the Town as a
result of the violation(s).
B. For a second offense within a three-year period, a fine of not less
than $1,000 nor more than $5,000 for each offense, plus any costs
incurred by the Town as a result of the violation(s).
C. For a third and subsequent offense within a three-year period, a
fine of not less than $2,500 nor more than $15,000 for each offense,
plus any costs incurred by the Town as a result of the violation(s).
The issuance of a special event permit shall not be deemed to
authorize any physical alteration to land or property owned by the
Town, including Town roads. For purposes of this section, the term
"alteration" shall include, but shall not be limited to, the grading,
filling or clearing of land, the cutting, felling or removal of trees
or other vegetation and a change in the physical characteristics of
a building or structure or the component parts thereof.