[HISTORY: Adopted by the Board of Trustees
of the Village of Harriman 12-13-2000 by L.L. No. 5-2000. Amendments noted where
applicable.]
For the purpose of this chapter, the following
terms shall include each of the meanings set forth.
The Chief of Police of the Village of Harriman.
A gathering in a public area or park at which more than 25
persons are or can be reasonably expected to be in attendance.
A neighborhood or community festival, field day, carnival,
concert, street parade, rally, assembly, demonstration, fireworks
displays, amusement rides, dramatic presentation, similar events impacting
neighborhoods or traffic flow and all events at which alcoholic beverages
will be available for sale and/or consumption or any combination thereof
or gathering at which more than 50 persons are or can be reasonably
expected to be in attendance.
Openings, dedications, sidewalk parades, motorcades, block
parties or any combination thereof or a similar gathering at which
between 25 and 50 persons are or can reasonably be expected to be
in attendance.
A park, playground, recreational center, facility or any
other area in the Village owned or used by the Village and dedicated,
devoted or used for active or passive recreation.
Written authorization issued pursuant to this chapter permitting
the performance of a large group event.
One or more persons, corporations, partnerships, associations,
joint-stock companies, societies or any other entity of any kind.
A public street, road, highway, land, place or open space
in the Village of Harriman.
A large group event occasioned by news or affairs coming
into public knowledge within three days of a large group event.
A.
No large group event shall be conducted in any public
area or park unless a permit has been obtained from the Village Board.
B.
Any request for use of a public area, or park, shall
be made to the Village Board.
C.
The Chief of Police and/or Village Board reserves
the right to require special facilities, including but not limited
to adequate portable toilet facilities, where, because of the number
of events or persons in attendance, the time of day, the estimated
duration of the event or any other relevant factor, the Chief of Police
or Village Board determines that a genuine need for such facilities
exists. In addition, the permit holder involved shall comply with
the applicable state and local health laws and regulations.
D.
The Chief and/or Village Board reserves the further
right to require the permit holder to notify the public of any temporary
street closures or parking restrictions to result from the event.
Notification may include the following:
(1)
The issuance of a leaflet to every residence on the
affected street(s) at least seven days in advance of the event.
(2)
The publication of a display advertisement in at least
one local newspaper of general circulation identifying the street(s)
to be affected.
(3)
Such other and further measures as the Chief of Police
and/or Village Board determines to be reasonable under the circumstances.[1]
[1]
Editor's Note: Former Subsection E, regarding training on
the Mary Harriman park alert system, which immediately followed this
subsection, was repealed 11-10-2015 by L.L. No. 5-2015.
No permit is required if the event is conducted
under the auspices of a federal, state or local government department,
agency, board, institution, commission or authority. No permit is
required for a regularly scheduled athletic or other events that have
been otherwise approved by the Village Board.
A spontaneous large group event shall be permitted
until a permit is issued or denied as long as all persons abide by
the rules generally applicable to all parks and public areas. In the
case of a spontaneous large group event, a permit must be obtained
by a representative of the large group event, as soon as practicable
after it becomes apparent that such event will occur or has begun.
The Chief of Police and/or Village Board shall
establish rules and regulations necessary to carry out the purpose
of this chapter.
A.
Any request for the use of any park or public area
shall be made to the Village Board or its designated agent in writing.
B.
The request shall include:
(1)
The name, address and telephone number of the applicant.
(2)
The name, addresses and telephone number of the person,
persons, corporation or association sponsoring the activity, if any.
(3)
A statement indicating the purpose of the event.
(4)
The days and hours for which the permit is desired.
(5)
The expected starting and finishing times of the event
or events.
(6)
Whether an admission fee is to be charged and, if
so, what amount.
(7)
The park, public area or portion thereof for which
permit is desired.
(8)
An acknowledgement that no alcoholic beverages will
be consumed.
[Amended 11-10-2015 by L.L. No. 5-2015]
(9)
An estimate of the anticipated attendance.
(10)
A description of the facilities and equipment
to be used, including the number of pieces of equipment for music
or other devices for the amplification of sound.
The Village Board or its designated agent shall
issue a permit when he/she finds that:
A.
The proposed activity or use will not unreasonably
interfere with or detract from general enjoyment of the park or public
place.
B.
The proposed activity and use will not unreasonably
interfere with or detract from the promotion of public health, welfare
and safety and recreation.
C.
The proposed activity will not entail unusually extraordinary
or burdensome expense of police operation by the Village.
D.
The proposed activity is not unreasonably anticipated
to incite violence, crime, disorderly conduct, noise or violence.
E.
The facilities desired or others in close proximity
have not been reserved for other use at the day and hour required
in the application.
A permittee shall be bound by all applicable
rules, regulations, ordinances, local laws and statutes as they were
inserted in each permit.
Fees for major large group events and minor large group events shall be as set forth in the Village Fee Schedule. (footnote: See Ch. 74, Fees, Art. II, Fee Schedule.) The Village Board is authorized to waive the fee if, in its judgment, the fee would impose an undue financial burden on the applicant.
The person or persons to whom a permit is issued
shall be liable and shall indemnify the Village for any loss, damage
or injury sustained by any person whatever by reason of the negligence
of the person or persons to whom the permit shall have been issued.
When required by the discretion of the Village Board, the holder of
the permit shall present to the Village a certificate of insurance
in advance of the event, which will provide indemnification in a form
acceptable to the Village.
The Chief of Police or the Village Board shall
have the authority to revoke a permit upon a finding of violation
of any applicable rule, ordinance, local law or statute or upon good
cause shown.
Upon issuance of a permit, the Village Board
shall deliver to other appropriate agencies a copy of the permit.
All security necessary beyond that which is
provided within the regular duties of the Harriman Police Department
shall be the responsibility of the applicant.
Public property shall be cleaned to the satisfaction
of the Chief and/or the Village Board of all litter and debris and
restored to the condition that existed prior to the event. To guarantee
adequate cleaning, the Village Board may require the applicant to
deposit an amount of money to the Village Clerk which in the discretion
of the Village Board will cover cleaning costs for the event. Said
deposit shall be refunded upon satisfactory cleaning of the park or
public area. This shall be determined by the Chief of Police or Village
Board. If the area is not adequately cleaned, the Village shall notify
the applicant. If corrective action is not undertaken within a reasonable
time, the Village shall clean the premises, and the applicant shall
forfeit the entire deposit and be further liable for the reasonable
costs of the clean-up.
A.
The Chief of Police and/or Village Board shall have
the authority to close the event if he/she determines that the conditions,
including excessive noise, are a detriment to the health, safety and
welfare of the public or if any conditions of the permit are violated.
B.
It is the responsibility of the permit holder to see
that the group disperses in an orderly fashion after the event is
finished.
Any permit used shall be posted conspicuously
at the event, with starting and finishing times noted.
A violation of this chapter shall be punishable
by a fine of not more than $250 and/or 15 days in jail for each and
every offense.
If any section, paragraph, subdivision, clause
or provision of this chapter shall be adjudged invalid, such adjudication
shall only apply to the section, paragraph, subdivision, clause or
provision so adjudged, and the remainder of this chapter shall be
deemed valid and effective.
