[HISTORY: Adopted by the City Council of the City of Yonkers 6-24-2014 by L.L. No.
14-2014. Amendments noted where applicable.]
It is the intent of the City Council to regulate amusement events
such as carnivals, circuses and fairs, so as to preserve the public
peace and good order and to assure the health, safety and welfare
of the residents of the City of Yonkers surrounding the conduct of
such amusement activities.
Unless otherwise indicated, for the purposes of this chapter,
the following terms shall have the meaning indicated;
A person or business entity who, for profit, supplies, provides
and/or leases amusement rides, pavilions, tents, games, stalls, and/or
other structures or equipment commonly used for an amusement event,
and is retained by an applicant to organize, operate and/or manage
the event.
Carnivals, circuses, fairs and entertainment generally characterized
by the presence of one or all of the following: amusement rides, games
of probability, and tents or pavilions used in conjunction with such
activities.
A manually operated or mechanically powered machine or apparatus
or device which is used solely for amusement and which is designed
to propel, project or move a person through the air, along the ground,
or otherwise, and shall include but not be limited to a merry-go-round
and/or carousel, a Ferris wheel, gravity steeplechase, scenic railway,
parachute jump and other similar machinery customarily associated
with amusements, circuses, carnivals and fairs.
An event at which various shows, exhibitions or contests
take place.
An exhibition or show in which nondomestic animals take part.
The Commissioner of the Department of Housing and Buildings.
An event at which goods are displayed for sale. The word
"fair" shall be deemed to include the word "bazaar."
Due authorization, in writing, as provided herein, which
permits a person to operate a carnival, circus, fair or amusement
event at a specified location.
A.
It shall be unlawful to erect, operate and/or maintain an amusement
ride(s), carnival, circus, fair or amusement event without first having
secured a permit therefor from the Department of Housing and Buildings.
B.
A permit may be issued for a term not to exceed seven days within
a two-week period, and every permit so issued shall specify the exact
term and period of time for which it shall be valid.
C.
No more than two permits shall be issued per person or organization
for each calendar year.
D.
No more than two amusement events shall be permitted at the same
location per calendar year.
E.
A permit issued as provided herein shall not be transferable. Any
holder of such permit who allows it to be used by any other person
or business entity and any person or business entity who uses such
permit shall each be guilty of a violation of this chapter.
F.
In the event City services not mentioned in this chapter are required,
the person or entity must make a request to the department that offers
that service.
A.
No more than one amusement ride per 1/12 acre shall be permitted,
and no more than 15 amusement rides shall be operated, maintained
and/or erected per fair, carnival, circus or amusement event.
B.
Each amusement ride shall be located at least 10 feet from the entranceway
to the premises where the amusement event is being held and shall
be placed so that it does not obstruct or interfere with free and
unfettered passage by patrons or users of the premises.
C.
Each amusement ride shall have an unobstructed distance of four feet
for the length of front space of each ride where the patrons may watch
or wait to use the ride. The Commissioner shall have the discretion
to set the distance between each amusement ride depending upon the
space available for the rides and the topography of the land as well
as to prevent overcrowding and to assure the safety of the general
public.
D.
An amusement ride shall not be used or operated while any person
is so located as to be endangered by it. Areas in which persons may
be so endangered shall be fenced, barricaded or otherwise guarded
against public intrusion.
E.
Notwithstanding the foregoing, in the discretion of the Commissioner
a permit may be refused or the number of permitted rides reduced if
an applicant, based upon a review of the site plan and upon the recommendation
of the inspection, lacks sufficient open space when the amusement
rides are in motion to effectuate the legislative intent of this chapter.
A.
No permit shall be issued for the operation or maintenance of any
carnival, circus, fair or amusement event upon land lying in a residence
zoning district unless the principal use thereon is nonresidential
and a permitted conforming use in the zoning district.
B.
A permit may be issued for the operation or maintenance of any carnival,
circus, fair or amusement event in any commercial, business or industrial
district subject to the restrictions of the Code of the City of Yonkers.
C.
No permit shall be issued if, in the judgment of the Commissioner,
the event will disturb the public peace and good order of the City
of Yonkers or unreasonably affect the use and enjoyment of adjoining
properties or jeopardize the health, safety or welfare of neighboring
residents and/or the community.
Unless otherwise indicated, the provisions of this chapter may
be enforced by the Department of Housing and Buildings, the Police
Department and the Fire Department.
In any case requiring approval of the Commissioner, such approval
may be granted subject to such conditions as the Commissioner may
deem necessary. Any permit issued after approval of the Commissioner
has been obtained shall bear on its face such conditions as the Commissioner
may have imposed.
A.
No sound equipment or public-address system shall be operated or
used after 11:00 p.m. on the days for which the permit is issued.
B.
No amusement ride and/or related equipment shall be operated on Sunday
through Thursday after 11:00 p.m. and on Friday and Saturday after
12:00 midnight.
C.
Amusement events shall cease to operate and be closed to the public
no later than 11:00 p.m. on Sunday through Thursday and on Friday
and Saturday by 12:00 midnight.
An application for a carnival, circus, fair or amusement event
shall be fully completed and signed by the person, organization and/or
business entity seeking a permit. The application shall be submitted
no more than 45 days and not less than 15 days prior to the time of
the commencement of such carnival, circus, fair or amusement event,
or at least 60 days prior to such commencement where such event involves
audience capacity or attendees in excess of 500 persons and such event
is held on City property or a City street. The application shall include
and/or be accompanied by the following:
A.
Written proof that all necessary permits and/or approvals that may
be required by the Westchester Department of Health, the New York
State Department of Labor and any other governmental or regulatory
agency having jurisdiction has been obtained. The Commissioner shall
forward all such applications to the Westchester County Department
of Health and any other regulatory body or office requesting same
for review.
B.
The applicant shall specify whether the number of attendees is expected
to reach 500 or more. In the event the number of attendees is expected
to reach 1,500 or more, same shall also be indicated on the application.
C.
The name, address and phone number of the applicant and of the amusement
company, if one is being utilized; in the event an amusement company
is being utilized, then a full and true copy of the contract and/or
agreement entered into between the applicant and the amusement company.
No portion of the financial aspects of the agreement filed with the
City of Yonkers shall be released to third parties, in accordance
with the provisions of Public Officers Law § 87(2)(d).
D.
A notarized statement signed by the property owner of the premises
upon which the proposed event is to be held stating the nature, extent
and duration of the amusement event and granting permission to the
operation of the amusement event on such premises.
E.
The original and one copy of an accurate site plan drawn to scale,
or other site plan drawn to the satisfaction of the Commissioner,
showing the location, dimensions and specifications of all stationary
and/or temporary structures or enclosures, amusement rides, games
of probability, tents and pavilions. The site plan shall include the
dimensions of all amusement rides when in motion, the area to be occupied
by the proposed amusement rides, and the net amount of open space
available when all amusement rides are in operation. All site plans
shall set forth the dimensions of the parcel to be utilized for the
event and the number of acres it comprises.
F.
In the event the carnival, circus, fair or amusement event is being
held on public property or lands, a performance bond issued by a bonding
company or surety company approved by the Corporation Counsel, or
cash or certified check, in the sum of $500, so as to guarantee that
the applicant will clean the area and substantially restore the same
at the conclusion of the carnival, circus, fair or amusement event.
If the applicant fails to clean and restore the amusement area, or
if damage is done to public or private property as a result of said
amusement event, the Commissioner may apply the bond, cash or check
to the cost of the cleanup or restoration and may recover, from the
owner of the premises where the amusement event took place and the
applicant, such additional costs as may be incurred. No such bond
is needed for a carnival, circus, fair or amusement event held on
private property or lands.
G.
A certificate of insurance, issued by an insurance company licensed
to do business within the State of New York, naming the City of Yonkers
as an additional named insured. The policy must be of an occurrence
format and have the following minimum coverage:
In addition to the requirements of § 83-9 and Chapter 27, Amusements, of the City Code, a nonrefundable fee of $500 shall be payable to the Commissioner upon the filing of an application. An application fee will not be charged if the applicant is a religious, charitable, fraternal, patriotic, public-service or volunteer fire organization. In the event a religious, charitable, fraternal, patriotic, public-service or volunteer fire organization engages the services of an amusement company to operate and/or manage the carnival, circus, fair or amusement event, no waiver of the fee shall be applicable and no application will be accepted or filed until an application fee of $500, by cash, money order or bank check, is paid by the amusement company to the Commissioner.
Any charitable organization, as defined and regulated by Article 7-A of the New York State Executive Law, filing an application to conduct an amusement event, in addition to satisfying the requirements of § 83-9 herein, shall include with each application proof of such organization's valid registration with the New York Secretary of State as a charitable organization.
All permits must be conspicuously displayed during the operation
of said amusement event and be available for inspection by any person
demanding such inspection.
Any violation of this chapter or of any other ordinance, law or statute in connection with the operation or maintenance of carnivals, circuses, fairs or amusement events, or any violation of the conditions of the permit or a false statement made in the application, shall be cause for immediate denial or suspension of the permit by the Commissioner. Notice of such denial or suspension and the reason or reasons for such determination shall be mailed by the Commissioner by certified mail, return receipt requested, to the applicant at the address shown on the application. A copy of such notice of denial or suspension shall be filed in the Department of Housing and Buildings. The applicant shall have 10 days from receipt thereof to submit a written request to the Commissioner for an appeal hearing before the Commissioner, or a duly appointed hearing officer, as set forth in § 83-14. At such time, the applicant may provide the Commissioner with any relevant information in response to that set forth in the Commissioner's notice of denial or suspension.
A.
The Commissioner or a duly appointed hearing officer as set forth in § 83-14E shall hear and determine all such appeals after a hearing.
B.
All requests for an appeal hearing from a denial or suspension of
a permit and/or license shall be in writing and shall be filed with
the Commissioner, accompanied by the sum of $250 to cover the cost
of the hearing and of processing the appeal. Notice of the appeal
hearing shall be mailed to the applicant within not more than five
days of the hearing date. An appeal hearing shall be scheduled within
not more than 15 days of the date of receipt of a request for an appeal.
C.
Conduct of hearings. At the hearing the applicant shall be entitled
to be represented by legal counsel and provided with an opportunity
to be heard. The applicant may present such competent and material
testimony or other evidence in his own behalf as may be relevant to
the subject matter of the hearing. All witnesses shall be sworn in
and examined under oath, and all hearings shall be recorded.
D.
No permit shall be issued, and any outstanding permit may be suspended
or revoked, after a hearing, if the Commissioner or hearing officer
determines that such amusement event includes an activity which, in
the judgment of the Commissioner or hearing officer, will disturb
the public peace and good order of the City of Yonkers or adversely
affect the use and enjoyment of adjoining properties in adjoining
use districts or that the conduct of the function will not be consistent
with or will jeopardize the health, safety or welfare of the residents
of the City of Yonkers.
E.
The Commissioner shall notify the applicant of the determination
by registered mail, return receipt requested, within three business
days after such determination has been made. The decision shall be
on file with the Department of Housing and Buildings and shall be
final, subject to review by a court of competent jurisdiction.
A.
Notwithstanding the issuance of a permit in accordance with the provisions
of this chapter, no carnival, circus, fair or amusement event shall
commence operation or open to the public unless it has first obtained
from the Fire Department of the City of Yonkers a certificate affirming
that all tents, buildings and structures are in a nonhazardous and
reasonable fireproof condition. Such certificate must be filed by
the applicant with the Department of Housing and Buildings prior to
the time and date of commencement of operations as set forth in the
permit. In addition, all tents, buildings, pavilions and other structures
must be in compliance with the New York State Uniform Fire Prevention
and Building Code.
B.
All tents, rides, buildings, structures, pavilions and electrical
wiring equipment shall be in place and operational for purposes of
inspection by City officials no later than 12:00 noon of the last
business day immediately prior to the scheduled opening of said carnival,
circus, fair or amusement event. In the event that, between the time
of application and the date of inspection by City officials, changes
to the site plan have been made about which the Commissioner has not
been notified or for which an amended site plan incorporating the
changes has not been provided, a penalty of $250 shall be immediately
due and payable by the amusement company or, if an amusement company
has not been retained, the applicant. No inspection shall be complete
and a permit shall not be issued until such penalty is paid and an
amended site plan is filed with the Department of Housing and Buildings.
C.
No person is permitted to effectuate a change in the location, number
and size of any tent, amusement ride, building, structure, pavilion
or electrical wiring equipment after an inspection by City officials
has taken place without the prior written consent of the Commissioner.
All such requests for changes shall be submitted in an amended application,
with a new site plan incorporating the proposed changes.
Amusement rides, equipment and structures used for the carnival,
circus, fair or amusement event shall not be assembled, dismantled
and/or removed after 11:00 p.m. All amusement rides, equipment, tents,
pavilions and other structures erected or used for the amusement event
shall be dismantled and removed from the premises where the event
took place within three days of the expiration of the permit.
Any person or business entity, including the owner of the land
and/or the amusement company, who is convicted of any prohibited act
under this chapter shall be guilty of a Class I offense.
If any clause, sentence, paragraph, subdivision, section, or
part of this chapter or the application thereof to any person, individual,
corporation, firm, partnership, entity, or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair, or invalidate the
remainder thereof but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section, or part of this chapter,
or in its application to the person, individual, corporation, firm,
partnership, entity, or circumstance, directly involved in the controversy
in which such order or judgment shall be rendered.
