A. 
It shall be unlawful for any person or organization within the Village of Endicott to engage in any event or activity which would demand reserved use of Village property without first having obtained an event permit.
B. 
The issuance of an event permit may allow for the exclusive and reserved use of a designated area or portion of Village property, including streets, parks and other public property, excluding carousels and pools, for concerts, festivals, weddings, processions, races, parades, protests, marches, block parties, fundraisers, sales, camping and/or other social gatherings. This section includes, but is not limited to, those activities which would allow the following:
(1) 
The closure of one or more streets for the purpose of limiting vehicular traffic;
(2) 
The placement of platforms, stages, tents, tables, chairs and/or grandstands upon Village property;
(3) 
The operation of cooking apparatuses on Village property;
(4) 
The sale of food, beverages, goods and/or other merchandise on Village property;
(5) 
The consumption of alcohol on Village property; and
(6) 
Access to Village electric and/or water service.
The following activities shall not require event permits:
A. 
Those activities which fall under the regulation of peddlers, charitable solicitors, or stationary food vendor operations.
B. 
Those activities which fall under the regulation of outdoor cafe permits.
C. 
Those activities which fall under the regulation of street work permits.
D. 
Those activities which fall under the regulation of banner permits.
E. 
Those activities which fall under the regulation of Permanent Resolution 12-28, entitled "A Resolution approving the issuance of permits for use of Village water in community greenspaces", adopted on April 18, 2012.
F. 
Those activities which fall under the regulation of block party permits.
G. 
Normal park activities, constituting a normal, ordinary use of Village parks and/or other public spaces. Such activities include group picnics, social gatherings, recreation, and those activities which do not demand exclusive and reserved use of Village property, but which instead occur on a "first-come, first-served" basis. Camping shall not constitute a normal park activity, and is specifically prohibited in public spaces without first having obtained an event permit. In all cases, the Village of Endicott maintains the right to utilize such spaces for scheduled activities and events.
[Amended 8-7-2023 by L.L. No. 9-2023]
Those activities and events not set forth in this chapter which demand reserved use of Village property shall be permitted upon receipt of approval from the Board of Trustees of the Village of Endicott.
[Amended 8-7-2023 by L.L. No. 9-2023]
In order to obtain an event permit, the event permit applicant shall provide an application to the Village Manager which will require the following, along with such other information as the Village shall find necessary and proper:
A. 
Applicant name, mailing address, telephone number, and email address.
B. 
Name of sponsoring organization, if any, along with the name, mailing address, telephone number, and email address of a contact person within the sponsoring organization.
C. 
Name(s) of on-site event manager(s), and emergency telephone number(s).
D. 
A description of the event.
E. 
Website address of the event, if available.
F. 
Date(s) and time(s) of the proposed event, including times at which setup prior to and cleanup after the event will take place. The event permit applicant must indicate whether or not rain dates and times are requested for the event. Rain dates and times shall be granted subject to availability.
G. 
Location of the proposed event, specifying the designated area or portion of Village property to be utilized.
H. 
Estimated number of event participants. Special conditions may apply based upon the number of estimated event participants.
I. 
Description of all items to be placed upon Village property and/or used during the event, such as platforms, stages, tents, tables, chairs, grandstands, cooking apparatuses, electrical equipment, sounds systems and/or amplification devices.
(1) 
In accordance with the definitions and regulations outlined in §§ F2402 and F2403 of the Fire Code of New York State, tents and membrane structures having an area in excess of 200 square feet (19 m2) and canopies in excess of 400 square feet (37 m2) shall not be erected, operated or maintained for any purpose without first obtaining an operating permit from the Fire Bureau.
(2) 
The issuance of an event permit shall indicate compliance with all Village regulations, provided that the event is of three or fewer days in total. For events of longer duration, the event permit applicant must apply for a noise permit.
J. 
Indicate whether or not individuals will be cooking during the event, and/or selling food. If cooking and/or the sale of food will take place during the event, the event permit applicant must comply with all Village regulations.
K. 
Indicate whether or not access to Village electric and/or water service is requested. If access to Village electric is requested, the event permit applicant must include an outline of all items which require use of Village electricity, along with the power requirements of each item. If access to Village water service is requested, the event permit applicant must include a description indicating in what capacity Village water will be utilized. Access to Village electric and/or water service may or may not be available. Additional fees may apply if access to Village electric and/or water service is provided.
L. 
Indicate whether or not the event permit applicant intends to allow vendors to operate in the requested area during the event.
M. 
Indicate whether or not access to public restrooms is requested for the event. Access to public restrooms outside of normal operating hours shall be determined by the Director of Parks and Recreation.
N. 
All required fees must be submitted at the time of permit application.
A. 
If cooking will occur during the event, the event permit applicant must include a description of all cooking apparatuses to be used in the event permit application. The event permit applicant is responsible for obtaining all necessary operating permits as may be required by the Fire Bureau. In addition, the event permit applicant is responsible for ensuring that all proper safety measures as may be required by the Fire Bureau, such as the provision of fire extinguishers at all cooking apparatus locations, are observed.
B. 
If the sale of food will occur during the event, the event permit applicant is responsible for ensuring that all necessary certificates from the Broome County Department of Health have been obtained prior to the event.
The event permit applicant may sublet space, hire vendors, and/or allow vendors to sell food, goods and/or merchandise as part of the applicant's event. The event permit applicant shall remain liable for vendor operations occurring during his/her event, and is responsible for ensuring that all vendors have obtained the documentation necessary to conduct their businesses.
A. 
All event permit applications must be accompanied by proof of general liability insurance coverage in the amount of not less than $1,000,000 and property damage insurance in an amount not less than $50,000. If the event permit applicant intends to sell alcohol during the event, the application must also be accompanied by proof of liquor liability insurance coverage in the amount of not less than $1,000,000.
(1) 
The insurance certificate must name the Village of Endicott as an additional insured on a primary noncontributory basis.
(2) 
The insurance certificate(s) must be endorsed.
(3) 
If primary, noncontributory liability insurance is not available, e.g., from another government agency that is self-insured, the Village may waive such requirement based on an indemnification satisfactory to the Village Board.
B. 
Workers' compensation insurance. If the event permit applicant or sponsoring organization has paid employees, the event permit applicant must provide proof of workers' compensation insurance coverage.
C. 
The event permit applicant shall hold harmless and indemnify the Village from any and all claims, actions, damages or liability arising from the permitted event of every name and nature which may arise or be incurred by the Village as a consequence of giving such permission for the exclusive and reserved use of Village property, or as a result of the conduct of event participants, or as a result of the cleaning of rubbish and/or debris from the area in which the event is held.
D. 
An application for a protest or march where first amendment issues are presented may be eligible for a waiver of some or all of the insurance requirements based on the applicant's ability to obtain insurance, the size of the protest or march, and the potential for damage to persons or property. The initial responsibility for determination of eligibility shall be made by the Village Clerk upon consultation with the Village Board.
A. 
An event permit applicant may request Village sponsorship of an event. Such requests must be made on an annual basis for each event. Eligibility for Village sponsorship of an event shall be determined by the nature of the proposed event, and shall be limited to events which celebrate a national holiday, public service, or events which provide a public service. Events for which income is intended to be generated (including through the rental of space or booths, or through fundraising activities) shall not be eligible for Village sponsorship unless the Village of Endicott directly receives all such income. Events which allow the sale of alcohol and/or other risky behavior shall not be eligible for Village sponsorship. The Village may refuse a request for sponsorship as a result of complaints received due to noise which is considered unreasonable given the nature of the event, the accumulation of garbage or other debris, and other issues which may diminish the value of the event to the Village of Endicott and its residents.
B. 
The applicant will describe any proposed donation of time, materials, gifts or services to be contributed to the event. If the Village approves the request for sponsorship, then such donations will be deemed accepted by the Village.
C. 
The determination of Village sponsorship shall be made by the Village Board of Trustees.
[Amended 8-7-2023 by L.L. No. 9-2023]
D. 
If the request for sponsorship is approved, the Village shall assume responsibility for the event, and shall be considered the organizer and sponsor of the event. Under such circumstance, the event permit applicant shall be considered a co-sponsor and co-organizer. The Village of Endicott may either purchase the necessary insurance coverage or allow the Village of Endicott's generally self-insured status to cover any liabilities which may be incurred during the course of the event. The Village of Endicott may include in the annual budget an amount which shall be dedicated to the purchase of insurance policies for Village-sponsored events.
E. 
Notwithstanding the foregoing, the Village may agree to be a participating sponsor of an event without accepting responsibility for planning or organization of the event. In such case the organizers of the event will be required to provide insurance.
A. 
The fee for an event permit shall be set from time to time by the Board of the Village of Endicott and shall apply to each date of the proposed event. Additional fees for access to Village electricity, water service, and/or for the closure of any Village street may apply.
B. 
All fees for event permits wherein the applicant does not claim eligibility for Village sponsorship shall be paid upon event permit application. Event permits wherein the applicant claims eligibility for Village sponsorship may be submitted without the appropriate fee; however, should the Village determine that the event is ineligible for Village sponsorship, all fees must be paid prior to the issuance of such permit.
C. 
Event permit applicants shall not be charged additional fees for rain dates, if requested.
D. 
Event permit applicants requesting a refund of event permit fees due to cancellation of an event or withdrawal or denial of the permit application must submit such request, in writing, at least 10 business days prior to the event. Fees may be nonrefundable if the Village incurred any expenses due to preparation for the event.
A. 
Applications for event permits must be submitted at least 35 calendar days prior to the event, not including the date of submission.
B. 
Applications submitted less than 35 calendar days but not less than 30 calendar days prior to the event shall be subject to late fees as shall be set from time to time by the Village Board. In the case of late submissions, late fees shall be applied to each day which is less than 35 calendar days prior to the event.
C. 
Applications received less than 30 calendar days prior to the event shall be rejected.
D. 
The submission requirements and deadlines described herein are based upon the submission of a complete application. Incomplete applications shall be rejected. The resubmission of a permit application shall not allow for the modification or suspension of submission deadlines.
All event permits issued pursuant to this article shall be subject to the following terms and conditions:
A. 
The event permit applicant is responsible for inspecting the public property which he or she intends to reserve for the exclusive and reserved use of the event in order to determine whether or not the public property is suitable for the proposed event, and to ensure that there are no defects or dangerous conditions. If, subsequent to submitting the event permit application, a new defect or dangerous condition appears, the event permit applicant must advise the Village of Endicott in writing at least five business days prior to the event. The Village may, in its discretion, correct the defect or dangerous condition or may advise the applicant to cancel or adjourn the proposed event. If the event permit applicant provides less than five business days' prior notice or elects to proceed with the proposed event before the defect or dangerous condition is remedied, the event permit applicant and event participants waive any right of action against the Village of Endicott.
B. 
The event permit applicant shall maintain responsibility for the Village property which is reserved for the exclusive and reserved use of the event, and shall be responsible for the cleaning, maintenance and/or repair of said event area:
(1) 
Maintenance shall include cleaning the Village property which is reserved for the exclusive and reserved use of the event of all rubbish and debris, leaving the site in a clean condition. Such maintenance shall be subject to the satisfaction of the Village of Endicott. Maintenance shall also include the repair of any Village property which may have been damaged during the course of the event.
(2) 
Failure to clean, maintain, and/or repair the event area to the satisfaction of the Village may result in the denial of future event permit applications. If such failure should occur, the Village shall provide services for the cleaning, maintenance and/or repair of the area in which the event was held, and the cost of such services shall be billed to the event permit applicant.
C. 
The Chief of Police may at his/her discretion and in the interest of public safety require the event permit applicant to provide adequate security for the duration of the event (e.g., events which include the service of alcohol, and based upon the number of anticipated event participants or due to the time of the event). In addition, the Chief of Police may determine the number of volunteers and/or event marshals necessary to ensure the safety of event participants and other Village residents.
D. 
Applicants who request closure of any Village street must place a legal notice in the Press & Sun-Bulletin at least two days and not more than five days prior to the first day of the event. The legal notice must state the name of the event, the street(s) to be closed, and the time(s) and date(s) of closure. Recurring events may place one legal notice with all approved dates and times. This section shall not apply to an event on a Saturday, Sunday, or a national holiday.
E. 
(Reserved)
F. 
Event permits are nontransferrable.
G. 
No paint or other permanent markings are permitted upon Village property for any event without the express approval of the Village Board of the Village of Endicott. Should event permit applicants wish to place nonpermanent markings upon Village property for the purpose of showing the route for a procession, parade, or race, such markings shall be water-soluble.
H. 
The Village of Endicott maintains the right to require the event permit applicant to provide portable toilet facilities at the proposed event. Such determination shall be based upon the nature of the event, and the estimated number of event participants.
I. 
Pursuant to Broome County Charter and Code Chapter 168, Article IX, an automated external defibrillator (AED) and a person who is trained in cardiopulmonary resuscitation (CPR) must be available at any event during which 500 or more individuals will be in attendance at any given time.
J. 
The event permit applicant must designate at least one on-site event manager who must be on site during the course of the event, and who must be available by telephone in case of emergencies.
K. 
The Village of Endicott shall provide garbage and recycling receptacles at all events occurring on Village property in order to prevent the accumulation of trash and recyclable materials.
L. 
Issuance of an event permit does not supersede other permits that may be issued for a similar area or times, e.g., an event permit does not supersede an existing outdoor cafe permit.
M. 
Any notice can be e-mailed to the event permit applicant or the sponsoring organization.
A. 
The Village Manager reserves the right to reject event permit applications which are incomplete and/or unaccompanied by the required documentation. The rejection of a permit application does not preclude the event permit applicant from resubmitting the event permit application in the future, when such application is complete. The resubmission of an event permit application shall not exempt the event permit applicant from the submission deadlines.
[Amended 8-7-2023 by L.L. No. 9-2023]
B. 
Modifications. The Village Manager reserves the right to modify an event permit and/or its requirements should it become necessary or proper to do so in the interest of public health and/or safety, to preserve the quality of life of other Village of Endicott residents, or if the proposed event conflicts with a previously scheduled or annual event.
[Amended 8-7-2023 by L.L. No. 9-2023]
C. 
Denials. An event permit application may be denied if the Village Manager determines that the issuance of a permit would cause public health and/or safety concerns, if the proposed event conflicts with a previously scheduled event, or if the permit applicant fails to comply with the regulations described herein.
[Amended 8-7-2023 by L.L. No. 9-2023]
D. 
Revocations. The Village Manager may revoke an event permit for any violation of this section, the Code of the Village of Endicott and/or other regulatory guidelines as established by Broome County or New York State.
[Amended 8-7-2023 by L.L. No. 9-2023]
E. 
Should the event permit applicant or event participants fail to comply with the provisions of any regulations described herein, the event permit applicant may be ineligible to receive future event permits, and/or a prohibition on the event itself may be established. The Village reserves the right to conduct inspections during the course of the event in order to ensure that all regulations as described herein are being met by the event permit applicant.
Should a permit be rejected, denied, modified, or revoked for any reason, the event permit applicant shall have the ability to appeal the decision by submitting such appeal in writing to the Village Board of the Village of Endicott within five days from receipt of the rejection, denial, modification, or revocation. The appeal shall not stay the rejection, denial, modification, or revocation.
Any person found guilty of violating any provision of this chapter shall be guilty of a violation and liable for a fine of not less than $100, but not exceeding $500.