Village of Monticello, NY
Sullivan County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Monticello 5-19-1997 by L.L. No. 1-1997. Amendments noted where applicable.]
GENERAL REFERENCES

Alcoholic beverages — See Ch. 82.

Animals — See Ch. 89.

Littering — See Ch. 177.

Peace and good order — See Ch. 193.

§ 181-1
Permit required. 

§ 181-2
Permit procedure. 

§ 181-3
Regulations for use of the Village of Monticello Neighborhood Facility Building (NFB). 

§ 181-4
Village of Monticello DeHoyos Park rules and regulations. 

§ 181-5
Tennis Courts. 

§ 181-6
Determination of permanent residency. 

§ 181-7
Adoption of regulations and fees. 

§ 181-8
Penalties for offenses. 

§ 181-1 Permit required.

A. 

No procession, parade, street fair or use of municipal property for an event shall be allowed in the Village of Monticello at any time along any highway or street or on municipal property, unless a permit for such procession, parade, street fair or use of municipal property at that time has been obtained from the Village Clerk. No person shall take part in, aid, form or start any such procession, parade, street fair or use of municipal property for an event, unless a permit for said procession, parade, street fair or use of municipal property for an event has been issued by the Village Clerk, and no person shall take part in any procession, parade, street fair or use of municipal property for an event which is proceeding in a manner not in accordance with the terms of such permit.

B. 

Exceptions. The provisions of this section shall not apply to:

[Amended 6-21-1999 by L.L. No. 5-1999]

(1) 

Processions or parades when all persons taking part therein are policemen, firemen, members of the armed forces of the United States or of the State of New York, or veterans of such forces, or officials of governmental units.

(2) 

Processions or parades declared by resolution of the Board of Trustees to be a part of official village ceremonies.

(3) 

Students going to and from school classes or participating in school activities, provided that such conduct is under the immediate direction and supervision of the proper school authorities.

(4) 

Funeral processions.

(5) 

Use of village park facilities and neighborhood facility which shall be governed by §§ 181-3 and 181-4, respectively.

§ 181-2 Permit procedure.

A. 

Application.

(1) 

Any person or entity desiring issuance of a permit shall submit a written application in such form as the Village Clerk shall require and must submit the following information:

(a) 

Name, address and phone number of the applicant and the sponsoring organization, along with the person or persons who shall be the chairperson or chairpersons of such procession, parade, street fair or use of municipal property.

(b) 

An explanation of the nature of the procession, parade, street fair or use of municipal property.

(c) 

A description of the event.

(d) 

A detailed explanation of security.

(e) 

Such other information as the Mayor, Village Manager, Chief of Police or Superintendents of Highway and Sanitation may deem reasonably necessary.

(2) 

All such written applications for permits shall be accompanied by a valid certificate of liability insurance to the applicant naming the Village of Monticello as an additional insured on said policy, with coverage in the amount of $1,000,000 for bodily injury and in the amount of $500,000 per accident from either a New York State insurance company or an insurance company authorized to do business in the State of New York, so that in the event of failure of the insurance company there will be funds through the New York State Insurance Liquidation Bureau to pay any potential claims.

(3) 

All such written applications for permits shall be accompanied by security in the form of a certified check, bank check and/or valid bond from a financially reliable surety, each payable to the Village of Monticello in a reasonable sum to be determined after consultation between the Mayor, Village Manager, Police Chief, Superintendent of Sanitation and Highway so as to provide for clean up. At the termination of the applicant's use, the designated area of street or municipal property shall be surrendered in the same condition of cleanliness and repair as it was upon commencement of the use, broom clean with all trash and other material resulting from the applicant's use removed and taken to the landfill. If the area is not surrendered as set forth above within a reasonable period of time to be determined by the Mayor, Village Manager, Police Chief, Superintendent of Highways and Sanitation as set forth in the permit, the village shall complete the clean up and deduct the cost from the security posted. If the security shall not be sufficient, the applicant shall be charged the deficiency, and if any sum is left after the clean up in the security posted, it shall be returned to the applicant.

(4) 

Security for such procession, parade, street fair or use of municipal property shall be the responsibility of the applicant.

B. 

Issuance of permit. Such application shall be filed with the Village Clerk not less than 30 days, not counting holidays or Sundays, prior to the proposed date of the procession, parade, street fair or use of municipal property, and upon payment of the required fee, a permit for the procession, parade, street fair or use of municipal property shall be issued by the Village Clerk within 15 days, not counting holidays or Sundays, after the application is made, unless:

(1) 

The procession, parade, street fair or use of municipal property for which a permit is sought would conflict with another procession, parade, street fair or use of municipal property for which a permit is to be or has been issued and for which application was made previous to the subject application.

(2) 

The procession, parade, street fair or use of municipal property would conflict with a procession or parade to which this chapter does not apply.

(3) 

The Mayor, Village Manager or Chief of Police shall advise the Village Clerk that the procession, parade, street fair or use of municipal property for which a permit is sought would endanger the public health or safety or would be detrimental to the public welfare.

(4) 

Sponsored by a not-for-profit organization. The application is in compliance with this section.

C. 

Granting permits.

(1) 

The Village Clerk shall promptly provide written notice to the Mayor, Village Manager, the Chief of Police and Superintendent of Highways and Sanitation of any and all applications for permits under this chapter. If the consensus of such officials is that the procession, parade, street fair or use of municipal property for which permit is sought would endanger public health or safety or be detrimental to the public welfare, the Village Clerk shall deny the application and not issue the permit.

(2) 

Any applicant receiving such a denial may appeal directly to the Village Board within five days thereafter by filing with the Village Clerk a written notice of appeal, and the Village Board shall hear such appeal at its next regular meeting or at a special meeting where the Village Board may reverse, affirm or modify the determination of the Village Clerk.

D. 

Contents. Each permit issued under this chapter shall specify the names of the organizations participating, the name of the person or, if a committee without chairman, the names of the members of the committee, chiefly responsible for the marshaling and organization of the procession, parade, street fair or use of municipal property; the highways through which it may move; how much of these highways in width it may occupy; and the hours during which it may proceed or the municipal property where the event shall occur and the hours during which the event may occur.

§ 181-3 Regulations for use of the Village of Monticello Neighborhood Facility Building (NFB).

A. 

The Village of Monticello Neighborhood Facility Building is village-owned and has been developed to provide nonprofit organizations a comfortable safe place to hold gatherings, and, as such, all applicants must file a written application with the Director of Parks and Recreation in the form required by said director and pay the applicable fee.

B. 

To accommodate such individuals and groups in a constant manner, the following policies, rules and regulations for renting the available rooms apply:

(1) 

All applicants must provide a certificate of insurance naming the Village of Monticello as an additional insured in the amount of $ 1,000,000.

(2) 

Applicant and all representatives at the Neighborhood Facility Building shall conduct themselves with proper decorum at all times while on the premises of the Neighborhood Facility Building and shall refrain from any activity that would annoy or offend the public or other social gatherings at the building.

(3) 

At the termination of applicant's use, the designated area shall be surrendered in the same condition of cleanliness and repair as it was upon commencement of the use, with all trash and other materials resulting from applicant's use removed to designated containers. If any cleaning or damage repair is necessary, the fee will be forfeited. (Separate certified check required.)

(4) 

The applicant shall comply with all laws and regulations of any governmental body with jurisdiction over the Neighborhood Facility. Applicant shall be solely responsible for obtaining any and all required permits or approvals relating to its use.

(5) 

All cleaning supplies, such as garbage bags, must be supplied by the renter.

§ 181-4 Village of Monticello DeHoyos Park rules and regulations.

A. 

Any organized use of the park is subject to filing a written application with the Director of Parks and Recreation in the form required by said director and paying the required fee.

B. 

The following park rules and regulations must be obeyed at all times.

(1) 

The following are permitted:

(a) 

Picnicking.

(b) 

Use of the playground area.

(c) 

Pets on a leash at all times.

(2) 

The following are prohibited:

(a) 

Injuring, defacing, disturbing or befouling any part of a park or building, sign, equipment or other property therein.

(b) 

Throwing, casting, dropping, discharging, depositing refuse, waste or other obnoxious material other than in receptacles provided for such purpose. No garbage may be brought to the park to be disposed of.

(c) 

Using loud, boisterous or indecent language or interfering with any officer or agent of the village in performance of his or her duty.

(d) 

Loitering or remaining within the park or any part thereof, in a vehicle or otherwise, after the posted closing hours.

(e) 

Alcoholic beverages of any kind.

(f) 

Open fires.

C. 

Park closes at dusk.

§ 181-5 Tennis Courts.

[Added 6-21-1999 by L.L. No. 5-1999]
A. 

Permanent residents of the Village of Monticello may obtain a permit from the Village Clerk for the use of the tennis courts of the Village of Monticello by paying the fees as set forth from time to time by resolution of the Village Board of Trustees. Nonresidents may also purchase a permit. There will be a fee for court use if no permit has been obtained.

Editor's Note: For the current fee schedule, see Ch. A290, Fees.

B. 

Children under 12 years of age may use a court only when playing with individuals over 12 years of age, unless this requirement is waived by the attendant in charge. The attendant's decision will be influenced by the comfort of other players using the courts.

C. 

Players may continue to use the court at no extra charge when the hour is up if no other persons are waiting for the court. When others are waiting, first nonpermit groups and then permit groups will leave the court after their hour of play in the order in which they took the court (first on, first off). Once players have left the court, the same permit or fee will be required if another hour of play is requested. They will be assigned a court in turn after other waiting players are assigned courts.

D. 

There will be no advance reservations. Waiting players (at least two in each group) will be assigned a court on a first-come, first-serve basis.

E. 

All players must wear shoes or sneakers suitable for tennis.

F. 

Only assigned players are allowed within the fenced-in court area. All spectators, food and drink must remain outside fenced area.

G. 

The attendant in charge of the courts will have authority in the interpretation and application of these regulations.

§ 181-6 Determination of permanent residency.

[Added 6-21-1999 by L.L. No. 5-1999]

Permanent residency is determined by the eligibility of a person to vote in a Village of Monticello election, with the age requirement waived, or a taxpayer of the Village of Monticello.

§ 181-7 Adoption of regulations and fees.

[Added 6-21-1999 by L.L. No. 5-1999]

The Village Board may hereafter from time to time amend the regulations and fees for use of municipal properties and streets by resolution.

§ 181-8 Penalties for offenses.

[Amended 6-21-1999 by L.L. No. 5-1999]

Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation, punishable as provided in Article III, General Penalty, of Chapter 1 of the Code of the Village of Monticello.