[HISTORY: Adopted by the Board of Trustees of the Village
of Spencerport 7-3-1990 by L.L.
No. 6-1990 (Ch. 86 of the 1988 Code); amended in
its entirety at time of adoption of Code (see Ch. 1, General Provisions,
Art. I). Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The Village of Spencerport Board of Trustees.
A "parade," "festival," "motorcade" or "public assembly,"
as defined below.
A series of related events or performances conducted on Village
property, sidewalks, streets and other public rights-of-way, including
but not limited to parades, festive activities, cultural events, exhibitions,
competitions, collections of shows, live entertainment and other amusement
enterprises and/or the dispensation of food which is open to the public
at large, but excluding sidewalk sales conducted by the Village merchants.
An organized procession, except funeral processions, upon
any public street, sidewalk or alley.
Any march or procession consisting of people, animals or
vehicles, or combinations thereof, excepting funeral processions,
upon any public street, sidewalk or alley, which does not comply with
normal and usual traffic regulations or controls.
The permission, in writing, of the Village Clerk issued in
accordance with the provisions of this chapter, or other applicable
local law, to carry on an event.
Every natural person, group, partnership, association or
corporation, whether profit or nonprofit.
An assembly of persons upon any public street, sidewalk or
alley which impedes or tends to impede pedestrian or vehicular traffic,
including but not limited to carnivals, concerts, rallies, demonstrations,
fireworks displays and dramatic presentations.
The person or entity who executes the application to conduct
a festival, or for use of Village facilities or property.
A person who operates, during the life of the permit, a booth
or stand or otherwise occupies space in which he or she displays information
or data, conducts games of skill or chance or dispenses food and beverage,
merchandise or the like.
The Village of Spencerport.
The Village Clerk of the Village of Spencerport and Village
official designated to be responsible for receiving applications and
issuing permits.
The purpose of this chapter is the regulation, through permitting
and inspection, of festivals, parades, motorcades or public assemblies
and affairs or events of like nature to be conducted in the Village
of Spencerport on public streets, sidewalks, alleys, rights-of-way
and/or other Village property for the protection of the health, welfare
and safety of the public in general.
A.
It shall be unlawful for any person to conduct a festival, parade,
motorcade, public assembly, or mass gathering in or upon any public
streets, sidewalk or alley in the Village or knowingly participate
in any such event, unless or until a permit to conduct such festival,
parade, motorcade, or public assembly has been obtained from the Village
Clerk.
B.
No permit shall be issued authorizing the conduct of an event, which
is proposed to be held for the sole purpose of advertising any product,
goods, wares, merchandise or event or is designed to be held purely
for private profit.
C.
Any person who desires to conduct an event shall apply for a permit
at least 90 days in advance of the date of the proposed event.
D.
Said application shall be made to the Village Clerk, and the permit
shall be issued if the Village Clerk signs the permit form. In the
event that the Village Clerk shall not sign said permit, then it shall
be considered denied and the sponsor may appeal to the Board which
may, in its discretion, issue a permit by a majority vote of the Board.
E.
The Village Clerk may, at the Village Clerk's discretion, consider
any application for a permit to conduct an event which is filed less
than 90 days prior to the date of such event.
F.
The application for a permit shall be made in writing in a form approved
by the Board. The application shall contain the following information:
(1)
The name, address and telephone number of the applicant.
(2)
The name, address and telephone number of the person, persons, corporation
or association sponsoring the activity, if any.
(3)
A statement indicating the purpose of the event.
(4)
The days and hours for which the permit is desired.
(5)
The expected starting and finishing times of the event or events.
(6)
Whether an admission fee is to be charged and, if so, what amount.
(7)
The park, public area or portion thereof for which such permit is
desired.
(8)
Whether alcoholic beverages are to be offered for sale or consumption.
(9)
An estimate of the anticipated attendance.
(10)
A description of facilities and equipment to be used, including
the number of pieces of equipment for music or other devices for the
amplification of sound and the proposed location of same.
(11)
A statement indicating any private security personnel who will
be engaged by the applicant to serve on the site.
(12)
A sketch showing the portion of park, public area, street or
streets requested to be closed, if any.
(13)
The location of parking area for motor vehicles and the means
of ingress and egress to such parking areas.
(14)
Proof of insurance, if required.
(15)
Other information which the Village Clerk shall find reasonably
necessary to make a fair determination as to whether a permit should
be issued.
(16)
In the case of parades, motorcades and similar events, provide
the location of the assembly area, location of the disbanding area,
the route to be traveled, and the approximate time when the event
will assemble, start and terminate; provide a description of the number
and type of individual floats, marching units, vehicles and bands;
the maximum length of such parade or motorcade in miles or fractions
thereof; and the maximum and minimum speeds.
A.
Standards for issuance. The permit shall be issued for an event,
conditioned upon the sponsor's written agreement to comply with
the terms of such permit, unless it is found that:
(1)
The time, location, route and size of the event will disrupt to an
unreasonable extent the movement of other vehicular and pedestrian
traffic, or will unduly or substantially interfere with proper and
adequate fire protection, ambulance service, and movement of firefighting
equipment and ambulance service to areas contiguous to the event,
the Village in general, or to areas contiguous to same.
(2)
The event is of a size or nature that requires a diversion of so
great a number of police officers to properly police the line of movement
and the areas contiguous thereto that allowing the event would deny
reasonable police protection to the Village.
(3)
Such event will interfere with another like event for which a permit
has been issued.
(4)
Such event shall unreasonably interfere with or detract from the
general public enjoyment of the public area.
(5)
The event is reasonably anticipated to incite violence, crime, disorderly
conduct, noise, or nuisance.
(6)
The event will entail unusual, extraordinary or burdensome expense
on the operations of the Village.
B.
Standards for denial. The permit shall be denied for an event, and
the applicant notified of such denial, where:
(1)
There is a finding contrary to the findings to be made for the issuance
of a permit.
(2)
The information contained or required to be contained in the application
is found to be false or nonexistent in any material detail.
(3)
The sponsor refuses to agree to abide by and comply with the conditions
of the permit.
A.
The sponsor will advise all vendors, individuals, groups, organizations,
business entities or others participating in the event, either verbally
or by written notice, of the conditions of the permit prior to commencement
of the event.
B.
The parade or motorcade shall continue to move at a fixed and approved
rate of speed, and any willful stopping of same, except when reasonably
required for the safe and orderly conduct of same, shall constitute
a violation of the permit.
C.
The Village Clerk or Board, as the case may be, may establish such
other requirements as are found to be reasonably necessary for the
protection of persons and/or property. These requirements may include
the right to require special equipment, facilities or the like, including
but not limited to adequate portable toilet facilities where, because
of any relevant factor, the Village Clerk determines that a general
need for such facilities exists, an event command post to be established
and staffed by the sponsor, and means of communications between event
personnel and Village police, fire and public safety personnel.
D.
The Village Clerk shall have the right to require the sponsor to
notify the public of any temporary street closings or parking restrictions
to result from the event. Such notification may include the following:
(1)
Issuance of a leaflet to every residence in the affected areas at
least seven days in advance of the event;
(2)
Publication of a display advertisement in at least one local newspaper
of general circulation identifying the streets or areas to be affected;
and
(3)
Such other and further measures as the Village Clerk determines to
be reasonable under the circumstances.
A.
If the sponsor is determined to be a wholly nonprofit entity, an
event permit fee of $10 shall be charged. A fee of $100 shall be charged
in all other instances for an event permit.
B.
In addition to the above fee, the sponsor shall pay a vendor permit
fee for each vendor at or participating in the event. The fee for
a vendor's permit shall be the sum of $10 for each vendor per
day. This fee shall not apply in an instance where the vendor is a
wholly nonprofit entity, nor shall it apply in those cases where the
vendor and the sponsor are one and the same.
C.
The preceding fees shall be payable to the Village Clerk. The event
permit fee shall be paid at the time of submission of the permit application;
the vendor permit fees shall be paid no later than 48 hours following
the event.
D.
In addition thereto, vendors intending to operate food and beverage
stands shall be required to obtain a permit, if required, from the
Monroe County Health Department, and pay any fee required by the health
and sanitary laws of the State of New York and the County of Monroe.
E.
The above fees may be changed, from time to time, by resolution of
the Board. Further, the Board may waive the event permit fee upon
application.
A.
All health and sanitary requirements, regulations and licensing shall
be adhered to by the sponsor and/or vendors of the event, as provided
for in the codes, laws, rules and regulations of the Village, the
County of Monroe and the State of New York, which are incorporated
by reference herein as if fully set forth.
B.
In addition thereto, the sponsor of an event shall provide a sufficient
number of temporary or permanent toilet facilities for the use of
vendors and the use of the public, such number to be determined at
the discretion of the Village Clerk.
A.
The sponsor and/or vendors shall maintain all fire hydrants within
the perimeter of the festival, parade, motorcade, or public assembly
free and clear of any obstruction, with the closest object located
next to a fire hydrant at no less than three feet in any direction
from its geometrical center.
B.
The sponsor and/or vendors shall meet and observe at all times the
requirements of the Police Department, Department of Public Works
and Fire Department of the Village.
C.
The sponsor and/or vendors, while operating a booth or stand in which
there is heating or cooking apparatus for the preparation of food,
shall keep at all times, in a visible, easily accessible location
within the booth or stand, a fully charged fire extinguisher of the
kind classified as "abc," and Class K with cooking equipment involving
vegetable or animal oils. Tents and canopies must meet requirements
of the New York State Fire Code.
D.
All doors or gates on entrances to and exits from the premises where
the event shall be conducted shall be kept open and unobstructed during
the hours of operation of same in order to facilitate the rapid ingress
or egress of all persons attending in case of emergency.
E.
It shall be the duty of the sponsor, before the permit shall be issued,
to provide the Village Clerk, the Fire Department and the Police Department
with a sketch depicting the following:
(1)
Location of all fire hydrants within the perimeter of the event.
The Village will supply a base map showing hydrant locations on request.
(2)
The physical layout of stages, booths, stands, amusement rides and
the lanes of traffic that shall hereinafter be set forth, showing
the approximate dimensions and location of said stages, booths and
stands and the location and size of the area which the amusement rides
will occupy. The sketch shall also show the location of devices for
the amplification of sound.
(3)
If required, the location of the sponsor's on-site command post/center
or official in charge.
(4)
The unobstructed lane for emergency traffic noted below.
F.
After the sponsor has assigned the individual booths and stands to
the vendors and the areas used for amusement rides to the operators,
it shall be the duty of said sponsor, by the commencement of the event,
to provide the Village Clerk with a list in which the names, addresses
and locations of the vendors and operators of amusement rides shall
be set forth, and thereafter any changes to the list will be promptly
reported.
G.
It shall be the obligation and duty of the sponsor to maintain during
the duration of the event an unimpeded and unobstructed lane for emergency
traffic, at least 10 feet in width, for the rapid ingress and egress
of vehicles required for emergencies or other governmental purposes.
All electrical requirements, regulations and licensing shall
be adhered to by the sponsor and/or vendors of the event as provided
for in the electrical and building codes of New York State, which
are hereby incorporated by reference as if fully set forth. Should
use of Village electrical facilities and meters be desired, prior
arrangements shall be made with the Village Clerk, who may establish
fees and charges for such use.
A.
No alcoholic beverages shall be sold, served or consumed and no games
of skill or chance shall be conducted during the operation of the
festival unless and before the sponsor or the vendors obtain a proper
and legal permit to dispense alcoholic beverages and/or conduct games
of skill or chance from the State of New York, the County of Monroe,
the Village or any other regulatory agency.
B.
The sponsor and vendors receiving such permits to dispense alcoholic
beverages and/or conduct games of skill or chance shall be conclusively
presumed to be cognizant of the provisions of the Alcoholic Beverage
Law of New York, of state rules and regulations in regard thereto
and all applicable federal, state and municipal laws, rules and regulations
regarding the operation of games of skill and chance, all of which
are incorporated herein by reference as if fully set forth.
A.
The duration of a permit for an event shall be for not more than
five consecutive days, after which period it shall lapse.
B.
The earliest hours at which it shall be lawful to begin operation
of an event in the Village shall be 11:00 a.m., Monday to Saturday,
and 1:00 p.m. on Sundays. Closing time shall not be later than the
closing time permitted by the Alcoholic Beverage Law. The Village
Clerk, or in the case of appeals the Board, shall have discretion
to modify the time to begin operation of an event when there are compelling
reasons to do so.
A.
The sponsor's permit or any vendor's permit may be revoked
by the Village Clerk at any time during the life of such permit if
it is determined that the safety of the public or property requires
such revocations or for any violation by the sponsor or individual
vendor of any provision of this chapter or any violation of the Code
of the Village or any other applicable state or federal law, in addition
to the penalties set forth in the general penalties section of this
chapter.[1]
B.
Anything to the contrary in this section notwithstanding, in the
cases of revocation of food and beverage vendor's permits, such
revocation may also be at the discretion of the appropriate health
or regulatory authority.
C.
The Village Clerk, or his or her designee, shall have the authority
to close the event if the Village Clerk or designee determines that
the conditions, including excessive noise, are detrimental to the
health, safety and welfare of the public, or if any conditions of
the permit are violated.
A.
Before any permit shall be granted, the sponsor shall provide and
deposit with the Village Clerk a public liability insurance policy
in an amount of $1,000,000 single limit, naming the sponsor and the
Village of Spencerport as coinsured.
B.
In addition thereto, the sponsor shall hold the Village harmless
from any and all claims or judgments recovered against the sponsor
or the Village in any court of competent jurisdiction. The sponsor
shall execute an indemnity agreement in a form satisfactory to the
Village Attorney (form attached to permit application).
No person shall ride a bicycle or roller-skate, roller-blade,
skateboard or in-line skate in an event area on the dates and during
the times of such event, excepting only law enforcement personnel
and any other persons or classification of persons identified on the
permit.
Public property shall be cleaned to the satisfaction of the
Village Clerk of all litter and debris and restored to the condition
that existed prior to the event. To guarantee adequate cleaning, the
Village Clerk may require the sponsor to deposit an amount of money
with the Village Clerk which, in the discretion of the Village Clerk,
will cover cleaning costs for the event. Said deposit shall be refunded
upon satisfactory cleaning of the public property or public area.
This shall be determined by the Village Clerk. If the area is not
adequately cleaned, the Village shall notify the applicant and if
corrective action is not undertaken within a reasonable time, the
Village may clean the premises and the sponsor shall forfeit the entire
deposit and be further responsible for the reasonable costs of the
clean up.
Violation of this chapter shall be punishable by fine of no
more than $250 or imprisonment for no more than 15 days, or both.
Each separate violation shall constitute a separate additional offense.
