[HISTORY: Adopted by the Common Council of the City of Oneida 3-20-2012 by L.L. No. 1-2012. Amendments noted where applicable.]
The Mayor and the Common Council of the City of Oneida find that the streets and other public places in the City of Oneida are from time to time temporarily closed and used as sites for festivals, art shows and 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 of Oneida 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 concern 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 of Oneida officials from departments involved with the event to safeguard persons and property.
As used in this chapter, the following terms shall have the meanings indicated:
- BLOCK PARTY
- Event held by the residents of a defined section of the City of Oneida to be attended by the residents of that particular section.
- CITY CO-SPONSORED SPECIAL EVENT
- A special event, authorized as such by the Common Council, where the costs are shared between the City and the applicant or co-sponsor, in such proration as shall be approved by the Common Council, including but not limited to materials, equipment, labor, cash donations and contracted services.
- CITY-SPONSORED SPECIAL EVENT
- A special event for which the Common Council has appropriated funds into the annual budget, and where the cost shall be paid entirely by the City, including but not limited to materials, equipment, labor and contracted services. Such events are authorized each year by the Common Council.
- SPECIAL EVENT
- A preplanned single event or series of events that, because of its/their 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 of Oneida, proposed to be held on public property or on private property but affecting public property or requiring City of Oneida support services, for the purpose(s) of entertainment, celebration, amusement, cultural recognition, arts and crafts displays and/or sales, amateur sports demonstration or competition, or similar activities generically considered recreational in nature. Examples include, but are not limited to, festivals, street fairs, street art shows, public celebrations, outdoor concerts, parades, runs, marathons and walk-a-thons.
- SPECIAL EVENT VENDOR
- A peddler conducting business during a special event with the written permission of the event sponsor.
- The individual, group of individuals, corporation or other entity responsible for organizing the event.
- SUPPORT SERVICES
- Services which can or must be provided by the City of Oneida to ensure that a special event is conducted in such a manner to protect the safety, health, property or general welfare of its citizens. Examples include fire protection, crowd management and control, and traffic management and control.
It shall be unlawful for any person, firm, corporation, association, group or organization within the corporate limits of the City of Oneida to conduct a special event or to act as a special event vendor, as herein defined, without first having obtained, paid for and having in force and effect a valid, current permit or license therefor.
Application for special event permit. The sponsor of the special event must submit a completed application form to the City of Oneida Clerk. All applications are to be submitted on the forms provided by the City of Oneida Clerk. Any application submitted less than 45 days prior to the event shall not be accepted.
City of Oneida costing process. The completed form shall be distributed to the appropriate City of Oneida departments, which shall estimate the additional cost 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 of Oneida personnel is appropriate, possible and not in conflict with any other administrative policies and procedures and/or labor agreements.
Application for special event vendor license. The sponsor of a special event may authorize vendors to operate within the defined area of the special event. Local businesses located outside the designated confines of the special event will be required to obtain written authorization from the event sponsor to operate as a vendor. Businesses located within the designated confines of the special event area may operate as a vendor on the sidewalk which immediately abuts their business during the duration of the special event (and during any time during the year) by paying to the City of Oneida a fee, as set forth from time to time by resolution of the Common Council.
The application for a special event vendor license must be submitted on the forms provided by the City of Oneida Clerk. Said application, signed by the event sponsor, must be submitted by the vendor to the City of Oneida Clerk, along with the appropriate fees, no less than seven days prior to the date of an approved event. Upon receipt of a properly completed application, the City of Oneida Clerk shall issue a special event vendor license. Said license shall be prominently displayed or carried by the vendor at all times during participation in the special event.
An application fee as prescribed by resolution of the City of Oneida Common Council will be charged. Other costs may be charged based upon estimated costs to the City of Oneida.
The Common Council of the City of Oneida will review all special event applications and shall be authorized to either approve or deny said applications.
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 food stands, vendors, peddlers or exhibitors, from the responsibility of applying for any other permits or licenses or meeting any other requirements which may be applicable.
Insurance. All events must obtain a liability insurance policy in the amount of $1,000,000 with the City of Oneida named as an additional insured, or a larger amount at the discretion of the City of Oneida. This insurance shall satisfy all insurance requirements for the City of Oneida for holding this special event. Additional insurance requirements of City of Oneida departments shall be considered by the Common Council in formulating the amount of coverage required. The insurance policy, which must be submitted to the City of Oneida Attorney no later than 30 days prior to the event, shall be subject to review and approval of the City of Oneida Attorney.
Due date. All required permits, licenses, and security deposits must be obtained no later than seven days prior to the date of event.
Daily time restriction. The hours of operation for any special event taking place on the streets of the City of Oneida shall be between 7:00 a.m. and 10:00 p.m. Sunday through Friday; between 7:00 a.m. and 12:00 a.m. (midnight) on Saturday.
Safety lane restriction. The placement of any vehicle, trailer or other installation associated with the special event shall be directed by the Fire Chief and the Chief of Police, Commissioner of Public Safety of the City of Oneida, or their designated representative(s) to ensure that a safety lane remains open at all time.
Site maintenance. All areas used must be left in a clean condition. Cleanup must be completed by 12:00 p.m. (noon) on the day following the event. Events which use amusement rides are allowed until 4:00 p.m. on the day following the event.
Temporary parking signs. All temporary 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 City of Oneida Police Department, which shall have responsibility for the initial posting of the temporary signs, either through physical placement or directive as to locations. Any use of temporary signs without the authorization of the Police Department will be neither recognized nor enforced. Upon the event's completion, all signs must be taken down by the sponsor and returned to the Police Department.
Barricades. Movable barricades shall be delivered to the site where the sponsor or its designated representative shall sign for their receipt. The cost of replacing lost or damaged barricades lies with the sponsor.
Public safety. The sponsor of a special event shall provide appropriate security measures and traffic control so as to ensure the public's safety. Sponsors may retain either individuals appropriately certified by the New York State Division of Criminal Justice Services or members of the City of Oneida Police Department. If a sponsor elects to use City of Oneida Police Officers, a fee for providing such police officers shall be charged. Said fee is to be determined by the Chief of Police and shall not be in excess of the actual cost.
Restroom facilities. The Madison County Department of Health will determine reasonable guidelines for portable bathrooms. Financial responsibility for obtaining the facilities rests with the sponsor.
Banners and signage. Any request to hang a banner over the streets of the City of Oneida in relation to a special event shall be processed by the City Clerk. All signage placed for the event should follow any and all requirements for signs allowable under applicable law.
Tents and temporary structures. The City of Oneida Fire Department may set forth conditions for the erection, maintenance and dismantling of tents and temporary structures for the purpose of protecting the health, safety and welfare of the public and property in the area of the event. 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 other temporary structure. The sponsor is also responsible for dismantling the tent or other temporary structure upon conclusion of the event, when the necessity for the tent or other temporary structure ceases or upon order of the City of Oneida.
Parades, motorcades, runs and marathons. Sponsors requesting to conduct a parade, motorcade, run or marathon must specify the route to be used in the application for review by the Police Department. Escort services will be provided based upon the availability of police officers on that particular day and the perceived needs of the parade, motorcade or road race. Such services may be charged.
Other restrictions. The following are prohibited within the confines of any special event:
Overnight camping, except for security personnel.
Unlicensed gambling or illegal games of chance.
Littering and the use of glass containers.
Open fires that are not under the guidelines established by the Fire Department.
No grease or substance of any kind can be discharged upon the streets or sidewalks or into the storm drains and sewers.
No penetration of any kind may be made in the asphalt surface of any City street or public highway.
Fine. Special events shall not be held without the authorization of the Common Council, not held in contravention of the terms and conditions set forth by the Common Council. Violation of this chapter may subject the sponsor to a fine of $500 in addition to any other penalty provided in the local laws or in any other law on account of commencement of said special event without required permits, licenses or authorization.
Closing of unauthorized special events. The City of Oneida Police Chief may close any special event conducted without authorization of the Common Council, and the sponsors and participants may be subject to arrest.
Closing of events due to public safety hazard. The City of Oneida Police Chief, Commissioner of Public Safety, the Fire Chief or their designated representatives may close any special event or any portion of a special event that is subsequently determined to be an eminent hazard to the public health, safety or welfare.
Block parties. Block parties as herein defined are excluded from the provisions of this policy. Request for block parties are to be submitted to the City of Oneida City Clerk.
City events. Events initiated by, sponsored and/or co-sponsored by the City are excluded from the provisions of this policy.
Events solely within parks. Events that are held entirely within the jurisdiction of the City of Oneida Recreation and Youth Services Department that do not require the intervention of any other City of Oneida department shall be deemed an event sponsored by the City of Oneida for the purposes of this chapter.