As used in this article, the following terms shall have the
meanings indicated:
PARTY
A neighborhood block party, celebration or event, as provided
in Town Law § 64, Subdivision 10-b, but shall not include
a garage sale, yard sale, bazaar, rummage sale or other similar activity
having the principal purpose as fund-raising for an individual or
an organization, nor shall it include a political meeting or rally,
carnival or theatrical or musical performances, such as rock concerts
or similar events.
STREET
A Town street, highway or road.
The Highway Superintendent shall be authorized to issue a permit
for the temporary blocking of a street for the purpose of holding
a party. An application for such permit shall be filed with the Highway
Superintendent at least 10 days before the commencement of such party.
Such application shall contain at least the following information:
name and address of the applicant; name of the street or streets and
a description of the portions thereof to be blocked; a description
of the specific party to be held; and the date and the hours thereof.
The application may require such additional information as the Town
Board shall prescribe by resolution.
The application shall be accompanied by a fee of $25 which shall
not be refundable in the event the permit is denied. The permit shall
be granted by the Highway Superintendent upon determining that the
party is authorized by Town Law § 64, Subdivision 10-b,
and this article. The permit shall be denied if the Highway Superintendent
finds that blocking the street or portion thereof on the date requested
in the application will unduly interfere with the flow of vehicular
traffic or upon determining that the party is not authorized under
Town Law, § 64, Subdivision 10-b, and this article. The
Highway Superintendent shall advise the applicant, in writing, of
the reason for denial of the application. The Highway Superintendent
shall have the authority to waive the fee if the application is from
a nonprofit or charitable organization.
A permit issued pursuant to this article shall be valid only
for the date and the hours specified thereon, which shall not be before
sunrise or after sunset as determined at Albany, New York.
The applicant shall be responsible for removal of litter, debris
and other materials from the street or portion thereof used for the
party which is attributable to or caused by the party.
A street or portion thereof blocked off for a party shall not
be obstructed by obstacles which cannot be readily moved to allow
emergency and hazard vehicles to enter it in response to an emergency.