[HISTORY: Adopted by the Board of Trustees of the Village
of Greenwood Lake 5-19-2014 by L.L. No. 1-2014. Amendments noted where applicable.]
This Village Board, in order to promote proper government and
to ensure the proper protection, order, conduct, safety, health, welfare
and well-being of persons or property within the Village of Greenwood
Lake, and to ensure fiscal responsibility, finds it is in the public
interest to enact this chapter regulating the conduct of special events.
A.
BUILDING
PERSON
SPECIAL EVENT
STRUCTURE
VILLAGE OF GREENWOOD LAKE or VILLAGE
Unless otherwise expressly stated, the following terms shall, for
the purpose of this chapter, have the meanings herein indicated:
A structure wholly or partially enclosed within exterior
walls and a roof, of permanent or temporary nature, affording shelter
to persons, animals, or property.
Any individual, firm, company, association, society, corporation,
partnership, or group.
The gathering, collecting, or congregating of persons with
or without the levy of an admission fee.
A combination of materials to form a construction that is
safe and stable, and includes, among other things, stadiums, stages,
platforms, radio towers, sheds, storage bins, tents, billboards, and
display signs.
Includes the Village Board of the Village of Greenwood Lake.
B.
Words used in the present tense include the future; the singular
number includes the plural; and the masculine shall include the feminine.
C.
"Shall" is mandatory; "may" is permissive.
A.
Unless otherwise permitted by § 112-3B, no person shall hold, or promote, by advertising or otherwise, a special event within the Village of Greenwood Lake consisting of persons in excess of 50 and involving use of real property owned by the Village or the Town of Warwick, or involving use of the public roadway, unless a written permit authorizing such use shall have been obtained from the Village Board.
B.
The following are not considered to be special events requiring a
permit:
(1)
A gathering, for which no attendance fee is charged, held solely
within the property boundaries of a single residential parcel of real
property, which is not otherwise prohibited by the Code of the Village
of Greenwood Lake, Inc.
(2)
A gathering held solely within the confines of the premises of a
single properly licensed tavern or restaurant, which is not otherwise
prohibited by the Code of the Village of Greenwood Lake, Inc.
(3)
A gathering held solely within the property boundaries of a Volunteer
Fire Department, Volunteer Ambulance, American Legion or VFW Post,
Elks Lodge, or similar fraternal organization, which is not otherwise
prohibited by the Code of the Village of Greenwood Lake, Inc.
(4)
A gathering held solely within the property boundaries of a single
religious organization, recognized as such for tax purposes by the
State of New York, which is not otherwise prohibited by the Code of
the Village of Greenwood Lake, Inc.
C.
Application for such permit shall be filed with the Village Clerk,
on such form as may be designated by the Village Board,[1] at least 90 days prior to the date upon which such special
event is contemplated. Such application shall meet the following requirements:
(1)
A statement containing a description of the intended event including
the purpose of the special event and the nature of the proposed activities;
the interest of the applicant therein in the special event; the proposed
location(s) for the special event; the proposed dates and hours of
such special event; the expected minimum number of persons anticipated
to attend and make use of the site(s) at one time and collectively;
the expected number of automobiles and other vehicles intended to
use the site(s) at one time and collectively; and any admission or
registration fee(s) to be charged.
(2)
Applicants for permits for special events are limited to the following:
(a)
A natural person 21 years of age and a resident of the Village
of Greenwood Lake or owner of a business located within the Village
of Greenwood Lake.
(b)
A New York domestic corporation, or other business entity, registered
with the New York Secretary of State for service of process, which,
at time of application, identifies the names and addresses of its
directors and officers.
(c)
A person or entity who designates, in writing, an agent for
service of process who is a natural person 21 years of age and resident
of the Village of Greenwood Lake or owner of a business located within
the Village of Greenwood Lake.
(3)
The name and address of the owner of record for the real property
or properties where the event will take place.
(4)
A map showing the size of the property; the zoning district in which
it is located; the names of the record owners of the adjoining properties;
the streets or highways abutting said property; and the size and location
of any existing building, buildings, or structures or of any proposed
building, buildings or structures to be erected for the purpose of
the special event.
(5)
A plan or drawing showing the method to be used for the disposal
of sanitary sewage and general refuse.
(6)
A plan or drawing showing the method to be used for the supply, storage
and distribution of adequate and satisfactory water.
(7)
A plan or drawing showing the layout of any parking area for automobiles
and other vehicles and the means of ingress and egress to such parking
area.
(8)
A statement containing the type, number and location of any radio
device, sound amplifier, loudspeaker; sound truck or other similar
sound equipment.
(9)
A statement specifying whether food or beverage is intended to be
prepared, sold or distributed; if food or beverage is intended to
be prepared, sold or distributed, a statement specifying the method
of preparation and distribution of such food or beverage and the method
of disposing of any garbage, trash, rubbish or other refuse arising
therefrom. If a person, other than the person applying for the permit,
will be engaged in the sale and distribution of food or beverage,
the name and address of such person shall be submitted. All garbage,
trash, rubbish or other refuse shall be stored until removed at an
unobtrusive area of the premises in securely covered containers. Such
containers shall be maintained in a sanitary condition and shall be
cleaned at least daily. No garbage, trash, rubbish or other refuse
shall be removed from the premises between the hours of 11:00 p.m.
and 7:00 a.m.
(10)
A statement specifying whether any police will be needed and
the duties to be performed by such persons.
(11)
A statement specifying the precautions to be utilized for fire
protection and a map specifying the location of fire lanes and water
supply for fire control.
(12)
A statement specifying whether any outdoor lights or signs are
to be utilized and, if so, a map showing the number, location, size,
type and luminating power of such lights and signs. No light on any
part of the property holding the special event shall be permitted
to shine unreasonably beyond the property line of the property. All
exterior lights on the property shall be so situated or equipped with
shielding devices so that no unreasonable glow shall shine beyond
the property line of the special event.
(13)
A statement specifying the facilities to be available for emergency
treatment of any person who might require immediate medical or nursing
attention.
(14)
A statement specifying whether any camping or housing facilities
are to be available and, if so, a plan showing the intended number
and location of the same.
(15)
A statement that no soot, cinders, smoke, noxious acids, fumes,
gases or unusual odors shall be permitted to unreasonably emanate
beyond the property line of the special event.
(16)
A statement that no music shall be played in any place of assembly,
either by mechanical device or live performance, in such a manner
that the sound emanating therefrom shall be unreasonably audible beyond
the property line of the place of the special event.
(17)
A statement that no loud, unnecessary, or unusual noise shall
be permitted to be made, continued, or caused to be made or continued
so as to be unreasonably audible beyond the property line of the special
event.
(18)
A statement specifying the facilities to be available in the
way of adequate toilet and lavatory accommodations, with such accommodations
to be denoted in the plans required hereunder to be submitted under
other provisions of this chapter.
(19)
A statement that no law, ordinance, rule, or regulation applicable
to the place of assembly or enforceable by any governmental authority
will be violated and that the regulations of the New York State Department
of Labor Board of Standards and Appeals for places of public assembly
will be adhered to.
[1]
Editor's Note: A copy of the current permit form is on
file in the Village offices.
D.
The Village Board, before issuing any permit, may require the approval
of any or all of the following applicable governmental agencies:
(1)
The Orange County Board of Health, the Village Building Inspector
and the Village water contractor.
(2)
The Village's contracted DPW and the Fire Chief of the Greenwood
Lake Fire Department, as to the proposed parking area and the means
of ingress and egress to such parking area.
(3)
The Planning Board and Building Inspector, as to the proposed type,
number and location of any sound-producing equipment.
(4)
The Orange County Board of Health, as to the proposed method of preparing,
selling or distributing food or beverage and the removal of refuse,
trash, rubbish or garbage arising therefrom.
(5)
The Chief of Police of the Village of Greenwood Lake and the Mayor,
as to any police protection.
(6)
The Fire Chief of the Greenwood Lake Fire Department, as to any proposed
fire-protection system.
(7)
The Planning Board and Building Inspector, as to any proposed outdoor
lights and signs.
(8)
The Greenwood Lake Ambulance Corps., as to any proposed facilities
for emergency medical or nursing treatment.
(9)
The Building Inspector and the Planning Board, as to any proposed
camping.
E.
Inspections and protection; insurance; surety bonds.
(1)
No permit shall be issued unless the owner and his tenant or licensee,
if any, shall furnish the Village with written authorization to permit
the Village or its lawful agents to go upon the property for the purpose
of inspecting the same, providing adequate police and fire protection
and protecting persons and property from danger.
(2)
No permit shall be issued unless the applicant shall furnish the
Village with a comprehensive liability insurance policy insuring the
Village against liability for damage to persons or property with limits
of not less than $1,000,000 for bodily injury or death and for property
damage, sufficient in form to save the Village harmless from any liability
or causes of action which might arise by reason of the granting of
the permit or the conduct of the assembly. Such policy shall be noncancelable
without 10 days' prior written notice to the Village. The applicant
shall also furnish the Village with a written hold-harmless agreement
to the Village for any loss or damage above and beyond insurance coverage.
(3)
No permit shall be issued unless the applicant shall deposit with
the Village Clerk cash or good surety company bond, approved by the
Village Clerk, in the minimum sum of $100,000 and conditioned that
no damage will be done to any public or private property, and that
the applicant will not permit any litter, debris, or other refuse
to remain upon any public or private property, by reason of the granting
of the permit, which cash shall be refunded or surety company bond
canceled upon certification to the Village Clerk by the Building Inspector
that all conditions of this chapter have been complied with.
(4)
Where the Village Board finds the applicant to be an established organization, possessing a history in the community of responsibility to the local government bodies and authorities and to the general public or those with whom it does business, and further finds such applicant to be of sufficient financial stature and responsibility and able to respond for damage to public and/or private property, then the provisions requiring a surety bond or cash as set forth in Subsection E(3) may be waived.
F.
The Village may deny the issuance of a permit if it shall find that any of the items as set forth in Subsection C of this section are insufficient to properly safeguard the safety, health, welfare and well-being of persons or property, or if the approval of any governmental agency as set forth in Subsection D of this section is not obtained, or if the applicant fails to meet the requirements set forth in Subsection E to the satisfaction of the Village Board. In no event shall the Village withhold its written approval or denial of a permit for a period in excess of 45 days after a full submission to it by an applicant, except by an extension, in writing, given by the applicant.
G.
If, after a permit is issued, the Village Board, through its lawful agents, determines that any of the items as set forth in Subsections C and E of this section and as specified in the applicant's verified petition in support of the application for a permit is or are not adhered to and accomplished within a reasonable time of the date or dates set for the special event or if the approval of any governmental agency as set forth in Subsection D of this section is revoked at any time, such permit shall become null and void.
H.
The requirement of a special use permit may be waived by a majority
vote of the Village Board (three affirmative votes) upon written recommendations
provided by the Village Building Inspector, Engineer and Attorney.
A.
The applicant shall pay to the Village a nonrefundable fee of $100
at the time the application is filed.
B.
The Village Board may, in its sole discretion, charge a fee intended
to recoup the cost to the Village for Village services required by
the special event, including, but not limited to, services provided
by the Village Police Department, Village Clerk, Village Building
Inspector, or other Village employees or agents.
C.
The Village Board may, in its sole discretion, charge a fee for the
use of any Village-owned or -controlled building(s) or property for
which use is made during the special event.
D.
The Village Board may, in its sole discretion, waive or reduce any
fee if the circumstances warrant such a waiver or reduction.
A.
Any person who commits or permits any act in violation of any of
the provisions of this chapter shall be deemed to have committed a
misdemeanor against such chapter and shall be liable for the penalties
provided. A separate offense against this chapter shall be deemed
committed on each day during or on which a violation occurs or continues.
A separate penalty may be imposed for each separate offense.
B.
For each violation of a provision of this chapter, the person violating
the same shall be subject to a fine of not more than $250 or imprisonment
not to exceed six months, or to both such fine and imprisonment.
C.
Any person violating this chapter shall be subject to a civil penalty
enforceable and collectable by the Village in the amount of $250 for
each offense.
D.
In addition to the above-provided penalties, the Village Board may
also maintain an action in the name of the Village in a court of competent
jurisdiction to compel compliance with or to restrain by injunction
the violation of such chapter.
