[HISTORY: Adopted by the Common Council of the City of Buffalo 2-20-1996, effective 3-1-1996. Amendments
noted where applicable.]
The Mayor and the Common Council of the City finds that streets
and other public places in the City are from time to time temporarily
closed and used as sites for ethnic festivals, art shows, neighborhood
celebrations and other public events which are privately sponsored
but open to the public. Events of this kind serve to improve the quality
of life of the residents of the City and often result in large numbers
of people congregating within the confines of the temporarily closed
streets or public places, and the resulting crowd conditions create
concerns for police and fire access and control and other concerns
relating to the health, safety and welfare of the public and of persons
and property in the closed area. It is therefore essential that a
policy be established for governing these events which shall facilitate
control over them by the sponsor and by City officials from departments
involved with the event to safeguard persons and property.
The following words, when used in this chapter, shall have the
meanings herein stated, unless a different meaning clearly appears
from the context:
The charge to spectators to witness and persons to participate
in the special event.
An event sponsored by the City as recognized by the Special
Events Advisory Committee.
Any combination of spectators or participants expected, or
later found, to equal or exceed 3,000.
Property which is owned, operated, maintained, and/or controlled
by the City which is not rental in nature. Examples of public property
include, but are not limited to, parking lots, plazas, streets, sidewalks
and parks.
A preplanned single event or series of events that, because
of its nature, interest, location, promotion or any combination of
similar influences, is expected, or later found, to draw a large number
of people, sponsored by an individual or entity other than the City,
proposed to be held on public property or on private property but
affecting public property or requiring City support services, for
the purpose(s) of entertainment, celebration, amusement, cultural
recognition, arts and crafts displays and/or sales, amateur sports
demonstration or competition, block parties or similar activities
generically considered recreational in nature. Examples include, but
are not limited to, ethnic festivals, street fairs, street art shows,
public celebrations, outdoor concerts, parades, road races.
The individual, group of individuals, corporation or other
entity responsible for organizing the event.
Those which can or must be provided by the City to ensure
that a special event is conducted in such a manner as to protect the
safety, health, property and general welfare of its citizens. Examples
include fire protection, crowd management and control and traffic
management and control.
A.
Purpose and need.
(1)
The purpose of the Special Events Advisory Committee (SEAC) is to
provide a mechanism which will allow the City to plan for and coordinate
special events; which will allow for the establishment of terms and
conditions under which the event may be conducted; and will allow
a sponsor to plan and manage a special event within the context of
the established terms and conditions.
(2)
The need for such a mechanism has been demonstrated over a period
of years, wherein City departments and sponsors alike have been uncertain
of their responsibilities. There is need for the City to be able to
project and coordinate personnel and financial resources and the public
spaces under its control. There is need for the City to be reimbursed
for all or part of the services provided when it is deemed appropriate
and/or possible. There is need for sponsors to receive a timely and
understandable response to their requests or proposals and to have
a clear understanding of their obligations.
(3)
There is an overriding need to ensure that the mechanism will allow
for, and in fact encourage, the reasonable proliferation of the activities
and events which contribute to the economic viability of the City
and the quality of life of its citizens.
(4)
These needs can best be met by a thorough evaluation of each special
event proposal on an individual basis by a committee designed to recognize
these interests.
B.
Composition of the SEAC. The SEAC shall be comprised of the following
officials or their designated representatives:
[Amended 10-16-2001, effective 10-26-2001]
(1)
The Special Events Coordinator, serving as Chair of the Committee.
(2)
The Executive Director of the Office of Strategic Planning.
(3)
The Commissioner of Police.
(4)
The Commissioner of Public Works, Parks and Streets.
(5)
The Deputy Commissioner of Streets.
(6)
The Commissioner of Fire.
(7)
The Commissioner of Permit and Inspection Services.
(8)
The Deputy Commissioner for Parks and Recreation.
(9)
The Director of Budget and Management.
(10)
The Director of Parking Enforcement.
(11)
The Director of Recreation.
(12)
The Corporation Counsel.
(13)
The designee of the President of the Common Council.
[Amended 5-27-2014]
C.
Special Events Coordinator.
(1)
Position and appointment. The Special Events Coordinator appointed
by the Mayor shall act as the coordinator for the SEAC. The Special
Events Coordinator shall be designated by the Mayor.
[Amended 4-4-2006, effective 4-18-2006]
(2)
Duties. Coordination responsibilities include, but are not limited
to, the following:
(a)
Distributing special event applications, policies and procedures,
evaluation forms and related information to sponsors and City departments.
(b)
Receiving and compiling completed applications from sponsors.
(c)
Distributing completed applications and costing forms to City
support departments.
(d)
Receiving applications and cost forms from City departments.
(e)
Convening and chairing the SEAC meetings.
(f)
Notifying event sponsors of the approval/disapproval of the
request and of conditions of approval, if any.
(g)
Preparing and updating an annual special events calendar.
(h)
Distributing the annual special events calendar to affected
City departments.
(3)
Vacancy. In the event of the temporary absence, vacation or disability
of the Special Events Coordinator, the Mayor shall appoint an interim
Special Events Coordinator until the absence, vacation or disability
ceases.
D.
Responsibilities of the SEAC. The SEAC is charged with the responsibility
of reviewing, evaluating, approving or disapproving all special event
applications as well as identifying City-sponsored special events.
The decision-making process may include, but not be limited to, the
following:
(1)
Application of the general policy, criteria and evaluation factors
which are a part of these policies and procedures.
(2)
Consideration of the City's ability to provide support in terms
of personnel resources.
(3)
Consideration of the City's ability to support the event financially.
(4)
Consideration of the sponsor's ability to provide financial
assistance.
E.
Authority of the SEAC. The SEAC may:
(1)
Approve or disapprove of an application as submitted. If the SEAC
disapproves, the SEAC must state, in writing, the reason(s) for the,
disapproval.
(2)
Establish the terms and conditions for the special event. Terms and
conditions may include, but are not limited to, areas such as location,
timing, scope and/or financial arrangements.
F.
Meetings and timing of meetings. Meetings shall be convened by the
Special Events Coordinator periodically for informational purposes
and/or for the purposes of evaluating and approving applications.
The City is responsible for determining whether to issue permits
and licenses for special events and establishing guidelines for the
safe and proper conduct of such special events. To fulfill these responsibilities
the City must determine if a special event should be conducted and
the terms and conditions under which an approved event may be conducted.
[Amended 10-16-2001, effective 10-26-2001]
It is the sponsor's responsibility to make application
to conduct a special event as provided in this article and to furnish
any additional information that may be requested. The sponsor is responsible
for notifying and, where necessary or appropriate, consulting with
property owners and occupants in and adjoining the proposed special
event up to 1/4 mile from the perimeter of the special event area.
It is the sponsor's responsibility to abide by all of the terms
and conditions established as part of the approval process. It shall
be the sponsor's responsibility to provide for the protection
of the safety, health, property, and general welfare of those attending
and participating in the special event.
[Amended 10-16-2001, effective 10-26-2001]
A.
Application. The sponsor must submit an application to the SEAC at
least 90 days prior to the event. The application must include a proposed
budget and a previous year's budget if such event took place
in the previous year. The SEAC may meet with the sponsor and review
the obligations of various City departments and the sponsor. The sponsor
shall submit information regarding its notice to and consultation
with the neighboring property owners or occupants within 1/4 mile
from the perimeter of the special event. The sponsor must supplement
the application as new information is learned or obtained, including
the addition of sponsors. The SEAC shall render its decision on a
completed application within 21 days of receipt of a completed application.
All permit applications and applicable fees must be submitted 30 days
prior to the start of the event, including those related to fireworks,
concession stands and amusement rides. Application forms are to be
obtained from and returned to the Mayor's office in City Hall.
Exceptions may be made for justifiable reasons upon petition to the
Special Events Coordinator. The Special Events Coordinator may waive
compliance with the time limits stated in this provision upon good
cause shown.
B.
City costing process. The completed form will be distributed to the
appropriate City departments and agencies who will estimate the additional
costs that would be incurred as a result of the event. This information
may be used in establishing terms and conditions under which an event
may be conducted when the use of police or other City personnel is
appropriate, possible, and not in conflict with any other administrative
policies and procedures and/or labor agreements.
A.
Review, general. The SEAC will review, approve or disapprove each
proposed special event on its own merits. In reviewing a proposed
special event, the SEAC will also review, evaluate and determine the
costs of City support services required for the special event that
will be charged to all sponsors unless the SEAC waives all or any
portion of these costs if such a waiver is in the best interest of
the City. The SEAC will consider various criteria and factors, including
but not limited to:
B.
Decision. The SEAC may either approve a proposed event as submitted,
make unilateral modifications or make modifications in cooperation
with the sponsor. In deciding on approving or disapproving a proposed
special event, the SEAC will set forth any terms and conditions applicable
to an approved event. The SEAC shall render any decision to waive
costs or fees provided herein in writing with reasons for its decision
to waive.
C.
Appeals. An applicant for a special event may appeal the decision of the SEAC and the decisions of the Special Events Coordinator regarding petitions under § 414-6A to the Finance Committee of the Common Council, which may recommend to the Common Council that it overturn the decision of the SEAC after a hearing.
The sponsor will be notified of the approval or disapproval
of the proposed event and will be advised of any terms and conditions
applicable to an approved event by return of one copy of the SEAC
Approval form within 21 days of receipt of the completed application.
A.
Permits and licenses. Approval to conduct a special event by this
process does not relieve the sponsor or any participant, including
but not limited to foodstands, vendors, peddlers or exhibitors, from
the responsibility of applying for any other permits or licenses or
meeting any other requirements which may be applicable.
(1)
Fireworks. All permit, licensing and safety requirements established
by the Department of Neighborhoods, Housing and Inspections and the
Department of Fire shall be observed. The discharge of personal fireworks
is not allowed.
(2)
Parades and street closings. Sponsors must apply for any and all
necessary permits to have a parade or to temporarily close a street.
B.
Insurance. All events must obtain a liability insurance policy in
the amount of $1,000,000 with the City named as an additional insured,
or a larger amount in the discretion of the City. This insurance shall
satisfy all insurance requirements for the City for holding the special
event. Additional insurance requirements of City departments shall
be considered by the SEAC in formulating the amount of coverage required.
The insurance policy shall be subject to the review and approval of
the Corporation Counsel of the City.
C.
Due date. All required permits, licenses, security deposits and insurance
policies must be obtained no later than 10 days prior to the date
of the event, with a copy of each forwarded to Room 201 City Hall.
A.
Daily time restriction. The hours of operation for any special event
taking place within a park shall be between the hours of 9:00 a.m.
and 10:00 p.m. on weekdays and Saturdays and between 1:00 p.m. and
10:00 p.m. on Sundays. The hours of operation for any special event
taking place on the streets of the City shall be between 9:00 a.m.
and 11:00 p.m. on any day of the week.
B.
Inspections. Pre-event and post-event inspections will be performed
by representatives of the sponsor and the SEAC.
C.
Site maintenance. All areas used must be left in a clean condition.
The Department of Street Sanitation or the Department of Human Services,
Parks and Recreation will provide trash cans and dumpsters for the
event. The number required will be determined by review of each event
by the SEAC. The sponsor must provide plastic bags for trash cans.
The Department of Street Sanitation may provide additional sanitation
services, subject to conditions set by the Commissioner of Street
Sanitation before or after events. The sponsor must secure right-of-way
access for all services provided by the City.
(1)
Cleanup time. Cleanup must be completed by 12:00 noon on the day
following the event. Events which utilize amusement rides are allowed
until 4:00 p.m. on the day following the event.
D.
Services available from the City. The City will provide certain equipment
and materials to facilitate comfort and control over the event, subject
to availability and the City's prior need for such equipment
and materials. Exceptions for these services may be made for justifiable
reasons upon petition to the SEAC.
[Amended 6-25-2002, effective 7-8-2002]
(1)
Temporary parking signs. All temporary paper signs for restricting
parking must be posted 24 hours in advance and maintained by the sponsor.
Requests for the necessary materials should be directed to the Division
of Parking Enforcement. Any usage of temporary signs without the authorization
of the Division of Parking Enforcement will be neither recognized
nor enforced. The sponsor must purchase parking control signs or other
parking restriction devices (such as parking meter bags) from the
Division of Parking Enforcement, paying in advance for the number
of signs or other devices ordered. Upon the event's completion,
all paper signs must be taken down by the sponsor.
(2)
Barricades. All barricades should be requested from the Department
of Public Works. When the equipment is provided, the sponsor must
sign for the barricades. The sponsor shall also be responsible for
picking up, setting up, breaking down and delivering the equipment
both to and from the Department of Public Works storage site. The
cost of replacing lost or damaged barricades lies with the sponsor.
(3)
Snowfencing. If necessary, all snowfencing should be requested from
the Division of Parks. The sponsor shall be responsible for setting
up and breaking down the equipment. The Division of Parks will deliver
and pick up the equipment. A security deposit paid to the City may
be required in the form of a check payable to "The City of Buffalo
- Special Events" in an amount determined by the Division of Parks.
A copy of the receipt and check must be mailed to the Mayor's
office, Room 201, City Hall. The cost of replacing lost or damaged
snowfencing lies with the sponsor.
(4)
Bandshell rental. A rental fee per day as provided in Chapter 175, Fees, shall be charged for the use of the bandshell. A rental fee paid to the City in the form of a check payable to "The City of Buffalo - Special Events." The check shall be delivered to the Division of Parks. A copy of the receipt and check must be mailed to the Mayor's office, Room 201, City Hall. The Department of Human Services, Parks and Recreation will set up, maintain and take down the bandshell. The sponsor must provide security.
(5)
Fees. The sponsor may be charged the costs for the City to furnish certain services to the event, including printing, overtime and other labor costs associated with the event, as provided in Chapter 175, Fees. The sponsor would pay this fee, as well as other costs not finally determined prior to the SEAC's authorization for the special event, within 10 days after the conclusion of the event.
E.
Additional services. The sponsor may be responsible for providing
some additional services during the event, including but not limited
to the following:
(1)
Security. The amount and type of security necessary will be determined
by the SEAC, upon review of the event application and the Department
of Police's recommendation. Private security must be obtained
pursuant to the recommendations of the SEAC.
(2)
Emergency medical services. The sponsor must provide a designated
emergency medical service area or areas as needed. The sponsor shall
meet all guidelines imposed by the New York State Department of Health.
If an event expects an estimated crowd of 5,000 people or more, the
sponsor must submit proof of contracted medical services to the SEAC
before the issuance of any City permit or license. The Department
of Fire will not station personnel on the event site for the purpose
of providing first aid.
(3)
Utilities. The sponsor is responsible for payment for any utility
use, with payment made directly to the affected department or utility
provider. Where available, meters will be checked before and after
the event by a City representative and the sponsor. The affected department
shall send a copy of the bill or invoice rendered to the sponsor to
the SEAC as that bill or invoice is rendered.
(4)
Restroom facilities. The SEAC will determine reasonable guidelines
for portable bathrooms. Financial responsibility for obtaining facilities
rests with the sponsor. The sponsor must provide supervision for any
park rest room open after 4:00 p.m.
F.
Banners and signage. Any banner to be hung over the streets of the
City in relation to a special event must obtain the approval of the
SEAC and the Department of Public Works before it can be erected.
All signage placed for the event should follow any and all requirements
for signs allowable under applicable law. The sponsor shall be responsible
for erecting and dismantling any signage or banners it is permitted
to hang.
G.
Other restrictions. The following are prohibited within the confines
of any special event:
(1)
Overnight camping in City parks, except for authorized uses related
to the nature of the event with the permission of the Commissioner
of Human Service, Parks and Recreation.
(2)
Unlicensed gambling or illegal games of chance.
(3)
Littering and the use of glass containers.
(4)
Open fires that are not under the guidelines established by the Fire
Prevention Bureau.
H.
Tents and temporary structures. When the sponsor indicates that the
special event may use tents or any other kind of temporary structure
in City parks or open spaces and, in determining whether to approve
the event and establishing its conditions, the SEAC will set forth
reasonable conditions for the erection, maintenance and dismantling
of the tent or other temporary structure for the purpose of protecting
the health, welfare and safety of the public and persons and property
in the area of the special event, including the duration of the erection
and maintenance of the tent or temporary structure. The sponsor is
responsible for obtaining necessary permits from the Bureau of Fire
Prevention and other relevant agencies or departments and meeting
any other applicable requirements. If the sponsor is permitted to
erect a tent or other temporary structure, the sponsor is responsible
for erecting the tent or other temporary structure and maintaining
that tent or temporary structure. The sponsor is responsible for dismantling
the tent or other temporary structure upon the conclusion of the event,
when the necessity for the tent or other temporary structure ceases
or upon order of the City.
[Added 4-1-1997, effective 4-11-1997]
I.
Parades, motorcades and road races. Sponsors requesting to conduct a parade, motorcade or road race must apply to the Police Department Traffic Bureau for traffic coordination or escort services. Escort services will be provided based on the availability of police officers on that particular day and the perceived needs of the parade, motorcade or road race. Fees for such services may be charged as outlined in Chapter 175, Fees.
[Added 4-1-1997, effective 4-11-1997]
A.
Internal evaluations. Departments that participated in an approved
special event shall submit to the Special Events Coordinator internal
evaluation forms within seven days after the conclusion of the event.
Departments shall submit amendments to their evaluations as the departments
receive additional facts.
B.
Sponsor post-event accounting. Sponsors shall submit to the SEAC
an accounting of expenses, revenues and use of funds. Sponsors shall
submit such an accounting to the SEAC within 30 days of the conclusion
of the special event. Failure to submit' such an accounting,
or failure to use funds raised at the special event as represented
to the SEAC or the City, may be a factor in evaluating whether to
grant to that sponsor authorization to hold special events in the
future.
A.
Fine. Special events shall not be held without the authorization of the SEAC nor held in contravention of the terms and conditions set forth by the SEAC (excluding reversions by the Common Council on appeal pursuant to § 414-3E). Violation of this chapter may subject the sponsor to a fine of $500 in addition to any other penalty provided in the ordinances or in any other law on account of commencement of said special events without required permits, licenses or authorization.
B.
Closing of unauthorized special events. The Commissioner of Police
may close any special event conducted without authorization of the
SEAC and the sponsors and participants may be subject to arrest.
A.
City events.
(1)
Events initiated by and/or sponsored or cosponsored by the City are
excluded from the provisions of this policy.
(2)
Notwithstanding the exclusion of City events, any City event requiring
significant support service assistance from any department or agency
other than the sponsoring department shall be subject to application
and costing procedures. The purpose of this provision is to assist
all departments and agencies in overall resource and financial planning
and processes.
B.
Events solely within parks. Events that are held entirely within the jurisdiction of the Division of Parks that involve less than a large number of people or do not require the intervention of any other City department shall be deemed an event sponsored or cosponsored by the City for purposes of this chapter and shall be regulated by the Division of Parks and governed by § 414-13A. Applications for such events shall be collected by the Division of Parks, which shall refer matters outside of this exemption to the SEAC.
Pursuant to Sec. 35 of the Charter, this chapter is effective immediately upon its adoption. The SEAC shall give a waiver of the application deadline of § 414-6A to sponsors of events proposed to begin within 90 days from this effective date.
