Town of South Hadley, MA
Hampshire County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Selectboard of the Town of South Hadley as indicated in article histories. Amendments noted where applicable.]
Town property — See Ch. 77.
Town-owned vehicles — See Ch. 472.
[Adopted 8-18-2009]

§ 460-1 Purpose.

The purpose of these regulations is to help assure public safety and good order in the use of the Town Common and Gazebo as public resources of the Town. At the same time, the regulations are intended to confirm the Town's commitment to the public in permitting use of these resources.

§ 460-2 General usage policy.

The Town Common is a public area for use by the public. As such, no individual or organization using the Town Common shall prevent anyone from entering onto the Town Common space. Likewise, an admission fee or charge shall not be required from anyone in order to enter upon the Town Common.
Individuals and organizations using the Town Common and/or Gazebo shall be responsible for any damage incurred by or as a result of their use. As well, individuals and organizations are responsible for ensuring that all refuse generated by their use is collected and disposed of properly. If the Town's Department of Public Works is needed to restore any portion of the area to its condition prior to usage, the individual or organization responsible will be billed for these services.
Individuals and organizations are responsible for obtaining all permits if necessary, including, but not limited to, a permit from the Building Inspector for temporary displays or structures, or a permit from the Board of Health for the sale of foods.
Alcoholic beverages and the smoking of tobacco products are prohibited.

§ 460-3 Activities requiring prior approval.

Approval from the office of the Selectboard is required to use the Town Common and/or Gazebo for the following activities or events:
Activities or events which include the sale of goods and/or services, or any other commercial transaction. Individuals or for-profit businesses/organizations shall not hold events or conduct activities which are for the purpose of generating profit. Nonprofit businesses/organizations may do so; however, the Town may require an organization to present a copy of its nonprofit status as approved by the Federal Government or the commonwealth prior to granting approval.
Activities or events which involve 25 or more participants.
Activities or events which are to be publicized or advertised prior to the activity or event.
To gain approval for such activities or events, individuals and organizations shall submit a request in writing to the office of the Selectboard. The Town reserves the right to not approve any activity that it may deem inappropriate with the intended use and purpose of the Town Common and Gazebo, or which may cause harm to the inhabitants of the Town.

§ 460-4 Reservations.

Individuals and organizations seeking to reserve part or all of the Town Common and/or Gazebo shall submit a request in writing to the office of the Selectboard. Requests must be submitted at least two weeks prior to the requested date of use, and each request must specify the date, time and duration of the reservation, and the area to be reserved. Requests shall be honored on a "first-come, first-served" basis.
The honoring of a request to reserve part or all of the Town Common and/or Gazebo does not imply approval from the office of the Selectboard for the activity or event. Such approval, if necessary, must be obtained separately.
Requests to reserve part or all of the Town Common and/or the Gazebo for more than one date shall be reviewed by the office of the Selectboard. While the reservation for the initial date shall be honored on a "first-come, first-served" basis, reservations for the subsequent dates may not be granted if the Town deems that doing so unduly restricts the use of the Town Common and/or Gazebo by other individuals and organizations.
[Adopted 8-18-2015]

§ 460-5 Reservation of rooms.

Rooms in the Town Hall will be made tentatively available upon electronic application being received by the Selectboard office. If no electronic means are available, requesting parties may submit an application in writing directly to the Selectboard office, Room 109. The room reservation will be considered and notification will be made to the requesting party as to status (approval/denial) in a timely manner.
Once processed, the confirmation will be posted on the website calendar as soon as possible. Administration reserves the right to cancel any confirmation and notify the contact of cancellation 24 hours prior to the date, if necessary. All applications should be received at least 30 days before the event date.
The highest priority status will be given to a Town of South Hadley appointed (ad-hoc or standing) board(s), commission(s), authority(s), and committee(s). Departments will have the next level of priority, with regional, state and federal requests to follow.
There will be no fee for use by the above groups, but there must be an individual (chair, member or staff) assigned primary responsibility for the building. The "assigned party" must be approved by Administration.

§ 460-6 Nonprofit and not-for-profit use of rooms.

Groups external to any of the above-listed divisions of government may request by electronic application to use Town Hall meeting spaces. All requests must be reviewed and approved by the Town Administrator or his/her assignee. A fee may be assessed for any reasonable costs related to the use. An "assigned party" must sign and accept responsibility for returning the room used to its previous form and condition, and will be responsible for any fees outstanding. The assigned party must turn off lights and lock all doors before leaving the building, and other duties as directed by Administration. The assigned party must be the last to leave, and if there are any concerns or incidents while he/she is acting in this capacity (and Town Hall offices are closed), he/she should report it immediately to the South Hadley Police Department, (413) 538-8231.
Any group or organization charging a fee or receiving remuneration in conjunction with the event will be assessed a reasonable fee. This does not preclude a fee for events offered free and open to the public, as reasonable. The Town of South Hadley reserves the right to be indemnified by the individual or organization.

§ 460-7 Businesses and for-profit use of facilities.

Businesses, and profit-based events, will be assessed costs related to any and all necessary monitoring. In addition, there will be a service fee of $100, and there will be a staff person appointed to oversee the function and act as the "assigned party." This person will be an employee of the Town and will be compensated at the appropriate rate, which will also be charged to the event applicant.
The organization, individual, or company will provide the Town of South Hadley with indemnification and appropriate insurance as requested by Administration.
No alcohol may be served without the proper licensure and insurance accepted and approved by the Local Licensing Authority. No food may be served without approval from Administration, and the proper licensure and approval from the South Hadley Health Director. These requirements can be modified or waived by the South Hadley Selectboard at any time.
Additional approvals as required by law may be necessary from the local Fire District, Building Commissioner and/or other regulatory agencies. Administration suggests full disclosure as to the activities, so Administration may properly suggest to the applicant which agencies have some jurisdiction. Administration does not take any responsibility for nor will the Town accept any cost related to those inspections, requirements or permits.
No equipment may be brought into Town Hall without review of the existing infrastructure's ability to properly accommodate said equipment. Any Town Hall equipment to be used must be listed in the application and approved as part of the process. No Town Hall equipment may be removed from the premises without approval and unless being used for a public purpose.

§ 460-8 Definitions.

As used in this policy, the following terms shall have the meanings indicated:
A responsible person deemed by the Town Administrator.
Any cost associated with the requested function/meeting, including, but not limited to, police or fire personnel, janitorial, porter services or other costs associated with the event.
Appropriate and recognized insurance as required.
The Town of South Hadley Selectboard.
Selectboard Meeting Room, Town Hall Auditorium, Room 1 (lower level), or other space as may be considered appropriate by Administration.