[Adopted 11-9-2015 by L.L. No. 3-2015]
A.
No procession, parade, street fair or use of municipal property for
an event shall be allowed in the Village of Liberty at any time along
any highway or street or on municipal property, unless a permit for
such procession, parade, street fair or use of municipal property
at that time has been obtained from the Village Clerk. No person shall
take part in, aid, form or start any procession, parade, street fair
or use of municipal property for an event unless a permit for said
procession, parade, street fair or use of municipal property for an
event has been issued by the Village Clerk, and no person shall take
part in any procession parade, street fair or use of municipal property
for an event which is proceeding in a manner not in accordance with
the terms of such permit.
B.
The Village reserves the right to reasonably regulate the time, place
and manner of the public use; such restrictions will not be based
upon the applicant's speech or message to be promulgated by such
use.
A.
Application.
(1)
Any person or entity desiring issuance of a permit shall submit a
written application in such form as the Village Clerk shall require
which shall include the following information:
(a)
Name, address and phone number of the applicant and the sponsoring
organization, along with the person or persons who shall be the organizer
or organizers of such procession, parade, street fair or use of municipal
property.
(b)
An explanation of the nature of the procession, parade, street
fair or use of the municipal property, to include an exact description
of the municipal property to be used, and the hours such property
will be used.
(c)
A description of the event.
(d)
An explanation of the security and sanitation protocols to be
utilized at the event.
(e)
Such other information as the Mayor, Chief of Police, or Superintendent
of Highway may deem reasonably necessary.
(2)
Insurance. All such written applications for permits shall be accompanied
by a valid certificate of liability insurance to the applicant naming
the Village of Liberty as an additional insured on said policy, with
coverage in the amount of $1,000,000 for bodily injury and in the
amount of $500,000 per accident from either a New York State insurance
company or an insurance company authorized to do business in the State
of New York, so that in the event of failure of the insurance company
there will be funds through the New York State Insurance Liquidation
Bureau to pay any potential claims.
(3)
Security. All such written applications for permits shall be accompanied
by security in the form of a certified check, bank check and/or valid
bond from a financially reliable surety, each payable to the Village
of Liberty in a reasonable sum to be determined after consultation
between the Mayor, Police Chief or Superintendent of Highway so as
to provide for cleanup. At the termination of the applicant's
use, the designated area of street or municipal property shall be
surrendered in the same condition of cleanliness and repair as it
was upon commencement of the use, broom clean with all trash and other
material resulting from the applicant's use removed and taken
to the landfill. If the area is not surrendered as set forth above
within a reasonable period of time to be determined by the Mayor,
Police Chief, Superintendent of Highways as set forth in the permit,
the Village shall complete the cleanup and deduct the cost from the
security posted. If the security shall not be sufficient, the applicant
can be charged the deficiency, and if any sum is left after the cleanup
in the security posted, it shall be returned to the applicant.
B.
Application fee. The Village of Liberty Board shall, by referendum,
set the amount of the application fee for the use of municipal property.
The current fee amounts will be posted in the Village Clerk's
office. The application fee may be waived for municipal or not-for-profit
applicants for good cause shown.
C.
Issuance of permit. Such application shall be filed with the Village
Clerk not less than 30 days, not counting holidays or Sundays, prior
to the proposed date of the procession, parade, street fair or use
of municipal property, and upon payment of the required fee, a permit
for the procession, parade, street fair or use of municipal property
shall be issued by the Village Clerk within 15 days, not counting
holidays or Sundays, after the application is made, unless:
(1)
The procession, parade, street fair or use of municipal property
for which a permit is sought would conflict with another procession,
parade, street fair or use of municipal property for which a permit
is to be or has been issued and for which application was made previous
to the subject application.
(2)
The procession, parade, street fair or use of municipal property
would conflict with a procession or parade to which this chapter does
not apply.
(3)
The Mayor or Chief of Police shall advise the Village Clerk that
the procession, parade, street fair or use of municipal property for
which a permit is sought would endanger the public health or safety
or would be detrimental to the public welfare.
A.
The Village Clerk shall promptly provide written notice to the Mayor,
the Chief of Police, and Superintendent of Highways of any and all
applications for permits under this chapter. If the consensus of such
officials is that the procession, parade, street fair or use of municipal
property for which permit is sought would endanger public health or
safety to be detrimental to the public welfare, the Village Clerk
shall deny the application and not issue the permit.
B.
Any applicant receiving such a denial may appeal directly to the
Village Board within five days thereafter by filing with the Village
Clerk a written notice of appeal, and the Village Board shall hear
such appeal at its next regular meeting or at a special meeting where
the Village Board may reverse, affirm or modify the determination
of the Village Clerk.
