[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:
Event held by the residents of a defined section of the City
of Oneida to be attended by the residents of that particular section.
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.
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.
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.
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.
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.
A.
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.
B.
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.
C.
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.
D.
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.
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 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.
B.
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.
C.
Due date. All required permits, licenses, and security deposits must
be obtained no later than seven days prior to the date of event.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
K.
Other restrictions. The following are prohibited within the confines
of any special event:
(1)
Overnight camping, except for security personnel.
(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
Department.
(5)
No grease or substance of any kind can be discharged upon the streets
or sidewalks or into the storm drains and sewers.
(6)
No penetration of any kind may be made in the asphalt surface of
any City street or public highway.
A.
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.
B.
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.
C.
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.
A.
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.
B.
City events. Events initiated by, sponsored and/or co-sponsored by
the City are excluded from the provisions of this policy.
C.
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.
