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;
AMUSEMENT COMPANY
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.
AMUSEMENT EVENTS
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.
AMUSEMENT RIDE
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.
CARNIVAL
An event at which various shows, exhibitions or contests
take place.
CIRCUS
An exhibition or show in which nondomestic animals take part.
COMMISSIONER
The Commissioner of the Department of Housing and Buildings.
FAIR
An event at which goods are displayed for sale. The word
"fair" shall be deemed to include the word "bazaar."
PERMIT
Due authorization, in writing, as provided herein, which
permits a person to operate a carnival, circus, fair or amusement
event at a specified location.
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.
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:
(1) Bodily injury: $1,000,000 per person.
(2) Bodily injury: $2,000,000 per accident.
(3) Property damage: $1,000,000 per accident.
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.
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.