[HISTORY: Adopted by the Town Board of the
Town of Poughkeepsie 6-20-1990 by L.L. No. 7-1990 (Part I, Subpart 33,
of the 1964 Code); amended in its entirety 5-24-2023 by L.L. No. 7-2023. Subsequent amendments noted where applicable.]
The purpose of this chapter is to establish permitting provisions
for outdoor community events within the Town of Poughkeepsie, such
as block parties, car shows, flea markets, parades, or farmers'
markets, and to authorize the Town Board of the Town of Poughkeepsie
to approve the issuance of a permit therefor.
The authority for such provisions is set forth in the Municipal
Home Rule Law of the State of New York, specifically Municipal Home
Rule Law § 10(1)(ii)(a)(12).
A.Â
It shall be unlawful for any person, firm, corporation, association,
or organization to conduct any outdoor community event within the
Town of Poughkeepsie without first having obtained a permit for such
purpose in accordance with the provisions of this chapter.
B.Â
The foregoing subsection shall not apply to any outdoor community
event sponsored solely by the Town of Poughkeepsie.
C.Â
The permit shall be valid for the duration of the event for which
it was issued, unless sooner terminated or revoked.
A.Â
An application for a permit for an outdoor community event shall
be made to the Town Clerk, who shall determine whether the application
is complete and shall promptly forward copies of the complete application
to the Town Board. The application shall be made on a form provided
by the Town, and shall be accompanied by a nonrefundable application
fee in accordance with the Fee Schedule established by the Town Board.
B.Â
If the community event will be held on private property, the applicant
shall submit written consent from the property owner authorizing the
location of such event on the property.
C.Â
Any food truck participating in an outdoor community event shall first have obtained a food truck license from the Town Clerk pursuant to Chapter 114 of the Town Code, and a copy of all such licenses for participating food trucks shall be submitted with the application for an outdoor community event permit.
D.Â
An outdoor community event permit is not transferable to any other
applicant or event.
A.Â
If the Town Board approves the application for an outdoor community
event, the Town Clerk shall issue the permit following the payment
of the required nonrefundable community event permit fee in accordance
with the Fee Schedule established by the Town Board.
B.Â
The Town Clerk shall issue such permits free of charge to any charitable
or not-for-profit association provided that adequate proof by affidavit
shall be filed with the Town Clerk prior to issuance of the permit
attesting that said organization is a duly organized not-for-profit
and that said organization or another not-for-profit shall receive
the proceeds from the event.
A.Â
Community event, short-term. The Town Board may by resolution authorize
the issuance of a permit for a short-term outdoor community event
in any zoning district for a designated date, time, and location approved
by the Town Board for the purpose of a special event or public festival
for a period not exceeding two days, and not more than three events
at the same location per year.
B.Â
Community event, seasonal. The Town Board may by resolution authorize
the issuance of a permit for a seasonal outdoor community event that
is not classified as a short-term event, such as a recurring farmers'
market, the sale of Christmas trees, or other events associated with
a season or a long-term cultural event, for a designated location
on private property and for designated dates and times approved by
the Town Board, subject to the following:
(1)Â
Such events shall be permitted as an accessory use to a nonresidential use in the following classes of districts as set forth in § 210-10 of the Town Code: Center and Hamlet Districts, and Business and Commercial Districts.
(2)Â
The applicant shall provide a sketch plan sufficient to indicate
that all structures associated with the event shall be sited in a
location that does not obstruct or interfere with the free flow of
pedestrian or vehicular traffic, does not restrict visibility at any
driveway or intersection, and does not block fire lanes or access
roads for emergency vehicles.
No permit shall be issued until the applicant has provided proof
of insurance or a surety bond in favor of the Town of Poughkeepsie
insuring the Town against any claim for liability, in form and amount
acceptable to the Town Attorney.
All signs associated with the community event shall comply with § 210-120 of the Town Code, "Temporary signs."
A.Â
Violations of this chapter may be enforced by the Zoning Administrator,
the Building Inspector, any law enforcement agency that has jurisdiction
in the Town of Poughkeepsie, or their duly authorized representatives.
B.Â
The individuals identified in Subsection A are authorized to issue appearance tickets as defined in § 150.10 of the Criminal Procedure Law, and to prosecute the violation in court, and are authorized to issue orders to remedy and notices of violation, to enforce the provisions of this chapter.
C.Â
Each occurrence or incident shall constitute a separate offense.
If a violation continues for more than a twenty-four-hour period,
each day shall constitute a separate offense.
