[HISTORY: Adopted by the Town Board of the Town of Seneca
Falls 10-1-2013 by L.L. No. 3-2014. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any person(s) or organization who or which seeks a special
event permit from the Town to conduct or sponsor an event governed
by this policy. All applicants must be 21 years of age or older to
file an application.
Any occasion in which a group of persons collectively engage
in a sport or form of physical exercise on a public street, sidewalk,
alley or other public right-of-way, which obstructs, delays, or interferes
with the normal flow of pedestrian or vehicular traffic, or does not
comply with traffic laws and controls. Athletic events include bicycle
and foot races, bike-a-thons and walk-a-thons.
Any organized procession containing 10 or more vehicles,
except funeral processions, upon a public street, alley or other public
right-of-way.
Any march or procession consisting of people, animals, bicycles,
vehicles or a combination thereof, except funeral processions, on
any public street, sidewalk, alley, or other public right-of-way,
which obstructs, delays, or interferes, with the normal flow of pedestrian
or vehicular traffic, or does not comply with traffic laws or controls.
Any parade, fair, show, festival, carnival, rally, party,
filming (movie, video or television show), motorcade, run, street
dance, bike-a-thon, race, walk, athletic event or other attended entertainment
or celebration that is to be held in whole or in part upon publicly
owned property and/or a public right-of-way, or, if held wholly upon
private property, will nevertheless affect or impact the ordinary
and normal use by the general public of public property or public
rights-of-way within the vicinity of the event. "Special event" shall
also mean any activity to be held in whole or in part upon publicly
owned or controlled property and/or public rights-of-way where merchandise
or services are offered for sale, whether by for-profit or nonprofit
organizations.
Any dance of eight or more people on or within any publicly
owned parking lot or other publicly owned property, or any other public
street, alley, sidewalk, or other public right-of-way.
Any person(s) or organization desiring to conduct or sponsor
a special event in the Town shall obtain a special event permit from
the Town Board.
Special event permits are not required for the following:
A.
Wedding processions or funeral processions on the streets.
B.
Parades involving a total of 30 or fewer pedestrians marching along
a parade route that is restricted to marching on sidewalks, and crossing
streets only at pedestrian crosswalks in accordance with traffic regulations
and controls.
C.
Groups of students involved in exercising as part of an organized
school sports/club turnout.
D.
Gatherings of people whose activities fall within the scope of the
Town facility being utilized, provided that said activities do not
pose a significant liability risk or risk to public safety.
E.
Special events sponsored in whole or in part by the Town.
A.
Filling of application. Any person(s) or organization desiring to
sponsor a special event not exempted by this policy shall apply for
a special event permit by filing a completed application with the
Commissioner of Parks and Recreation on a form supplied by the Parks
and Recreation Department (available at the Seneca Falls Community
Center, 35 Water Street). This application shall be filed not less
than 60 days in advance of the date on which the event is to occur.
B.
Waiver of application deadline. Upon a showing of good cause, or
at the discretion of the Commissioner of Parks and Recreation, applications
filed after the deadline may be considered if there is sufficient
time to process and investigate the application and obtain police
and/or other Town services for the event. Sufficient time must also
be available to allow for timely approval of said event by the Town
Board. Good cause can be demonstrated by the applicant showing that
the circumstance that gave rise to the permit application did not
reasonably allow the participant(s) to file within the time prescribed
or that the event is for the purpose of exercising the right of free
speech.
C.
Information requested on application. In order that adequate arrangements
may be made for the proper protection of the special event, the Commissioner
of Parks and Recreation shall have the authority to set the information
required on the application. Such information shall include, but not
be limited to:
(1)
The name of the applicant(s), the sponsoring organization(s), the
special event coordinator(s), and appropriate address(es) and telephone
number(s) of applicant(s).
(2)
The purpose of the special event, the date(s) when it is proposed
to be conducted, location(s), hours of operation, site map(s) or event
route(s), and schedule of events.
(3)
Such other information as deemed reasonably necessary by the Commissioner
of Parks and Recreation.
D.
Application filing fee. The application for a special event permit shall be accompanied by a filing fee as set from time to time by resolution of the Town Board, which will also serve as a refundable security/cleanup deposit. The fee shall be refunded upon Town/permittee inspection of the event site(s) at the completion of the event. (See further information regarding cleanup requirements in § 250-12 of this chapter.)
In reviewing the application for the purpose of determining
whether the permit should be issued or denied, the Commissioner of
Parks and Recreation shall notify and seek consultation with other
Town officials (Police, DPW, Fire, etc.) and shall make such review
in conformance with the grounds for denial set forth in this policy.
Upon the proper, timely, and diligent review of qualified applications,
the Commissioner of Parks and Recreation shall present said application
to the Town Board for approval. Disqualified or incomplete applications
shall be sent back to applicants with reasons for disqualification
or with a request for more information, clarifications, or corrections.
The Town Board may deny an application for a special event if
it is determined from a consideration of the application or other
pertinent information that:
A.
Information contained in the application, or supplemental information
requested from the applicant, is found to be false or nonexistent
in any material detail; or
B.
The applicant fails to complete the application form after having
been notified of the additional information or documents required;
or
C.
The applicant refuses to agree to abide by or comply with all of
the conditions and terms of the permit; or
D.
It is found that the purpose of the special event is principally
devoted to the advertising and sale of a commercial product or service
or for a private commercial process; or
E.
The time, route, hours, location, or size of the special event will
unnecessarily disrupt the movement of other traffic within the area;
or
F.
The special event is of a size or nature that requires the diversion
of so great a number of Town police officers to properly safeguard
the event, site, and contiguous areas that allowing the special event
would unreasonably deny police protection to the remainder of the
Town and its residents; or
G.
Another special event permit application has already been received,
or has already been approved, to hold another event at the same time
and place requested by the applicant, or so close in time and place
as to cause undue traffic congestion, or the Police Department and/or
other Town departments are unable to meet the needs for police and/or
other Town services for both events; or
H.
The location of the special event would cause undue hardship for
adjacent businesses or residents; or
I.
The location of the event will substantially interfere with any construction
or maintenance work scheduled to take place upon or along public property
or a right-of-way, or a previously granted right-of-way disturbance
permit; or
J.
The event is scheduled to occur at a time when a school is in session
at a route or location adjacent to the school or class thereof, and
the noise created by the activities of the event would substantially
disrupt the education activities of the school or class; or
K.
The event would endanger public health or safety; or
L.
The event would seriously inconvenience the general public's use
of public property, services, or facilities; or
M.
The applicant fails to comply with the liability insurance requirements,
or the applicant's insurance lapses or is cancelled; or
N.
The event would create or constitute a public nuisance; or
O.
The event would be likely to cause significant damage to public property
or facilities; or
P.
The event would engage in or encourage participants to engage in
illegal acts.
The Town Board may condition the issuance of a special event
permit by imposing reasonable requirements concerning the time, place
and manner of the event, and such requirements as are necessary to
protect the safety of persons and property, and the control of traffic,
provided such conditions shall not unreasonably restrict the right
of free speech. Such restrictions may include, but are not limited
to:
A.
Alteration of the date, time, route or location of the event proposed
on the event application.
B.
Elimination of an activity which cannot be mitigated to a point so
as to ensure public safety and welfare or which causes undue liability
to the Town.
C.
Conditions concerning the area of assembly and disbanding of a parade
or other events occurring along a route.
D.
Conditions concerning the accommodation of pedestrian or vehicular
traffic, including restricting the event to only a portion of a street
or right-of-way.
E.
Requirements for the use of traffic cones or barricades.
F.
Requirements for the use of Town personnel and equipment, including
payment of the reasonable cost of providing such personnel and equipment.
Town personnel and equipment may include, but are not limited to,
traffic barricades, vehicles, employee overtime expenses, etc.
G.
Requirements for the provision of first aid or sanitary facilities.
H.
Requirements for the use of event monitors and providing notice of
permit conditions to event participants.
I.
Requirements to provide notice to surrounding property owners.
J.
Restrictions on the number and type of vehicles, animals, or structures
at the event, and inspection and approval of floats, structures and
decorated vehicles for fire safety.
K.
Compliance with animal protection ordinances and laws.
L.
Requirement for the use of garbage containers, cleanup and restoration
of Town property.
M.
Restrictions on the use of amplified sound and compliance with noise
ordinances, regulations and laws.
N.
Compliance with any relevant ordinance or law and obtaining any legally
required permit or license.
O.
Any other restriction or requirement deemed necessary to ensure public
health, safety and well-being.
P.
Restrictions on the sale and/or consumption of alcohol.
The Commissioner of Parks and Recreation shall issue the special
event permit once the application has been approved by the Town Board
and the applicant has agreed in writing to comply with the terms and
conditions of the permit as well as the sections of this policy dealing
with indemnification, insurance, fees associated with Town services,
and facility restoration/cleanup requirements, when applicable.
Prior to the issuance of a special event permit, the permit
applicant and/or authorized representative of the sponsoring organization,
if any, must sign an agreement to defend the Town against claims,
and indemnify and hold harmless the Town, its officers, employees,
agents and authorized volunteers, where such claim arises in whole
or in part out of the activities for which such permit is issued,
except any claims arising solely out of the negligent acts or omissions
of the Town, its officers, employees, agents and authorized volunteers.
A.
Liability coverage required. The applicant/sponsoring organization
of an event must possess or obtain public liability insurance to protect
against loss from liability imposed by law for damages on account
of bodily injury and property damage arising from the event. A certificate
of insurance shall be filed 30 days prior to the event with the Commissioner
of Parks and Recreation, and shall name the Town, its officials, employees,
agents and authorized volunteers, as additional insured. Insurance
coverage must be maintained for the duration of the event.
B.
Minimum limits defined. Coverage shall be a commercial general liability
policy. Minimum limits required are $1,000,000 each occurrence combined
single limit bodily injury and property damage; $2,000,000 aggregate.
If alcoholic beverages are sold or served at event, the policy must
also include an endorsement for liquor liability. If the event involves
athletic or other types of active participants, the policy must include
participant coverage. The Town Board may require additional endorsements
depending upon the proposed activity.
C.
Waiver of insurance. An insurance waiver may be issued if the applicant
or representative of an organization signs a verified statement that
he or she believes the event's purpose is First Amendment expression,
and that the cost of obtaining insurance is so financially burdensome
that it would constitute an unreasonable burden on the right of First
Amendment expression. The statement shall include the name and address
of two insurance agents or other source of insurance coverage contacted
to determine premium rates for insurance coverage.
A.
Fees for the use of Town services and equipment will be waived in
part or in full by the Town Board if, in review of the application,
it feels that the event is of sufficient community benefit to warrant
the expenditure of Town funds without reimbursement by the applicant(s).
B.
The fees for Town services and equipment may also be waived in part
or in full by the Town Board if the applicant(s) signs a verified
statement that the event's purpose is First Amendment expression,
and that the cost of Town services and equipment is so financially
burdensome that it would constitute an unreasonable burden on the
right of First Amendment expression.
A.
As stated earlier, upon satisfactory Town/permittee inspection of
property/facilities used for the special event, the permittee(s) shall
be refunded the security/cleanup deposits submitted upon filing of
the original application.
B.
If properties and/or facilities used for the special event have not
been properly cleaned and/or restored, the applicant(s) shall be billed
for the actual cost of the Town for cleanup and/or restoration less
the per-day security/cleanup deposit submitted with the original application.
Any permit issued pursuant to this policy may be revoked by
the Commissioner of Parks and Recreation on consultation with the
Chief of Police, Fire Chief and the Town Supervisor, if available,
at any time when, by reason of disaster, public calamity, riot or
other emergency, it is determined that the safety of the public or
property requires such revocation. They may also summarily revoke
any permit issued pursuant to this policy if it is found that the
permit has been issued based upon false information or when the permittee
exceeds the scope of the permit. Written notice of such action revoking
a permit shall be delivered in person to the permittee or, if time
allows, by certified mail at the address specified by the permittee
on the application. Revocations based on disaster, public calamity
or other issues outside the permittee's control shall result in full
refund of all deposits/payments. Any revocation based on the providing
of false information or the exceeding of the scope of the permit shall
result in forfeiture of all deposits and may result in the invoicing
of fees incurred by the Town in regards to the event.
A.
The permittee whose name appears on the permit and/or an officer
of the sponsoring organization must be available and present at the
special event site throughout duration of event.
B.
The permittee must carry a copy of permit, as well as any list of
conditions placed on the event, on his or her person throughout the
duration of the event.
C.
The permittee must maintain compliance with all terms and conditions
of the permit.
D.
The permittee shall ensure that the person leading a parade or other
event along a route shall be informed of all permit conditions.
E.
The permittee shall ensure that restoration/cleanup is conducted
such that property/facilities are left in same condition as existed
prior to the event.
F.
Upon completion of the event, the permittee shall be available to
inspect, along with Town representatives, property/facilities used
by the event in accordance with restoration/cleanup requirements.
In addition to the revocation of a permit as provided in § 250-13 of this chapter, any person who violates any provisions of this chapter, or any conditions of a permit issued in accordance with this chapter, shall, upon conviction, be subject to a penalty in an amount not to exceed $500, imprisonment for a term not to exceed 15 days, or both, for each offense.
