[HISTORY: Adopted by the Board of Trustees
of the Village of Ballston Spa as indicated in article histories.
Amendments noted where applicable.]
[Adopted 5-13-1996 by L.L. No. 1-1996]
For the purposes of this article, the following
terms shall be given the meanings set forth herein:
Any form of entertainment open to the public and generally
conducted in the outdoors with the presence of tents, booths or temporary
structures erected for such purpose or any combination of the foregoing,
including but not limited to forms of entertainment commonly known
as "carnivals," "circuses," "fairs," "bazaars" and "outdoor shows."
That form specified by the Village Clerk used for obtaining
an amusement event permit.
A group having a joint or common interest and organized for
some purpose. An "organization" shall include a charitable, religious,
membership, hospital or not-for-profit corporation.
The purpose of this article is to preserve the
public peace and good order, to prevent tumultuous assemblages and
to assure the health and safety of the residents of the Village of
Ballston Spa in regard to the conduct of all amusement events.
A.
All amusement events are prohibited in the Village
of Ballston Spa except when they are for the profit of an organization
as herein defined, and provided that a permit from the Village Board
has been secured in advance of such amusement event and remains valid
throughout such event.
B.
It shall be unlawful to erect, operate or maintain
any amusement event without having secured a permit from the Village
Board or to continue to erect, operate or maintain such event after
the expiration or revocation of such permit.
No later than four weeks in advance of a proposed
amusement event, an application shall be executed and filed with the
Village Clerk by the organization seeking a permit. All applications
for permits for amusement events shall supply the following information:
A.
The name, address and the telephone number of the
organization.
B.
The names, addresses and the telephone number of two
authorized officers or directors who will be responsible for and can
be contacted during the operation of the amusement event and who shall
both sign said application.
C.
The date(s), time(s) and place of the amusement event.
D.
A complete description of all activities, games of
skill, rides and special events.
E.
A notarized letter signed by the property owner stating
the nature, extent and duration of the amusement event and granting
permission for the organization to use the property.
G.
Any other documents required to be provided pursuant
to any section of this article.
H.
Such additional information as the Village Clerk may
require.
[Amended 4-12-2021 by L.L. No. 4-2021]
A.
Upon filing the application, the applicant must furnish
a surety bond, cash or certified check in an amount to be established
by the Village Trustees payable to the Village Clerk to ensure that
the applicant will clean the area and put the property in order at
the conclusion of the amusement event. If the applicant fails to clean
and restore the amusement area, or if damage is done to public or
private property as a result of said amusement event, the Village
Clerk may apply the bond, cash or check to the cost of cleanup or
restoration and may recover from the organization such additional
costs as may be incurred.
B.
All amusements must procure public liability insurance
in amounts to be established by the Village Trustees for both bodily
injury and damage to property.
C.
All insurance shall include the Village of Ballston
Spa as a named insured and be noncancelable without 10 days' prior
written notice to the Village Clerk.
D.
The Village Clerk may require an applicant to supply
additional insurance coverage, if available, where the minimum amounts
stated herein are insufficient in the opinion of the Village Clerk
after considering the size, duration and hazard presented by the proposed
amusement event.
A.
Every professional fund-raiser, commercial coventurer,
professional solicitor and charitable organization, as each is defined
by Article 7-A of the Executive Law of New York State, organizing,
controlling or otherwise involved in conducting an amusement event
shall include with an application for such event proof of valid registration
with the Secretary of State as such fund-raiser, coventurer, solicitor
or organization.
B.
With each application, a professional fund-raiser
or commercial coventurer shall also submit proof that a surety bond
naming him/her as obligor is on file with the Secretary of State.
No permit for an amusement event shall be issued,
and any outstanding permit may be revoked if the Village Board determines
that such amusement event includes any activity which, in the judgment
of the Village Board, will disturb the order and peace of the Village
or will jeopardize the health, safety or welfare of the residents
of the Village of Ballston Spa.
Prior to opening an amusement event to the public,
the permit holder shall file proof with the Village Clerk that his/her
mechanical rides have been inspected and found satisfactory by the
New York State Department of Labor in compliance with § 202-b
of the Labor Law.[1]
[1]
Editor's Note: Section 202-b of the Labor
Law was repealed 12-31-1983 by L. 1983, c. 876, § 9.
A.
Permits may be subject to conditions that the Village
Board deems necessary to ensure proper sanitation, to prevent undue
noise, to prevent fire hazards and to protect the public safety, health
and welfare.
B.
All permits shall be subject to the hours of operation
determined by the Village Board.
The term of any permit shall not exceed six
days, and only two permits may be issued per organization for each
calendar year.
A permit pursuant to this article must be conspicuously
displayed during the operation of said amusements and be available
for inspection by any person demanding such inspection, said display
to be at the site or location of the amusement.
Any person who shall erect, operate or maintain
any amusement event without first having obtained a permit or who
shall own the land on which such amusement event is located shall
be guilty of a violation of this article. Such violation is an offense
punishable by a fine not to exceed $500 for each day such violation
continues or by imprisonment for 15 days, or both such fine and imprisonment.
