A.
The Enforcement Officer shall review the application for a motorcade,
parade or public assembly permit. In the event the Enforcement Officer
determines that the application for a motorcade, parade or public
assembly permit satisfies the conditions set forth in this chapter
and any special conditions imposed or applicable, the Enforcement
Officer shall issue a motorcade, parade or public assembly permit.
In the event the Enforcement Officer determines that the application
for a motorcade, parade or public assembly permit satisfies most of
the conditions set forth in this chapter, the Enforcement Officer
may, but is not required to, issue a motorcade, parade or public assembly
permit based upon the remaining conditions being met prior to the
occurrence of the motorcade, parade or public assembly.
B.
The Enforcement Officer may make inspections of each motorcade, parade
or public assembly to ensure that the requirements of this chapter
and/or any permit are met. The Enforcement Officer shall report any
observed violations to the Town Board.
C.
The Enforcement Officer shall issue a noncompliance notice for any
conditions that are observed to be in violation of this chapter, or
in violation of any conditions stated upon any motorcade, parade or
public assembly permit. Any person who receives a noncompliance notice
shall be in violation of this chapter and shall endeavor to bring
the motorcade, parade or public assembly into compliance as soon as
possible.
D.
In the event of a disaster, calamity, riot or other public emergency,
any of the Enforcement Officer, the Town Constable, the Tompkins County
Sheriff's Department, the New York State Police, or any person designated
by the Town in the event the Town declares any state of emergency,
may immediately revoke a motorcade, parade or public assembly permit
by delivering a written revocation to the permittee. Such revocation
may take effect immediately upon delivery.
After issuance of any noncompliance notice, the Enforcement
Officer may revoke or restrict any motorcade, parade or public assembly
permit. If any court proceedings are brought concerning such alleged
violations, and the permittee is found not guilty, or there is another
adjudication in favor of the permittee pertaining to the alleged violation
of this chapter or any motorcade, parade or public assembly permit
issued hereunder, then the motorcade, parade or public assembly permit
shall be reinstated by the Enforcement Officer with the same effect
as if no noncompliance notice had ever been issued and no revocation
had occurred. If no such court proceeding is brought, then within
10 days of such revocation, any aggrieved permittee may request a
hearing before the Town Board. If a hearing is so requested, the Town
Board shall hold such hearing within 20 days. Such hearing may be
a public hearing at the sole discretion of the Town Board. Notice
of any public hearing shall be made in the official newspaper at least
five days prior to the date thereof. Each permittee shall be notified
of the hearing by certified mail at least five days prior to the hearing.
At the hearing, the Town Board shall hear all persons wishing to be
heard concerning the revocation of the motorcade, parade or public
assembly permit. The Town Board shall issue its decision within 10
days of any hearing and may confirm the revocation of the motorcade,
parade or public assembly permit, reinstate such motorcade, parade
or public assembly permit, or reinstate (and/or amend or re-issue)
such motorcade, parade or public assembly permit upon any one or more
conditions.
The Enforcement Officer may order any permittee, applicant or
unpermitted sponsor to clean up, remediate, and restore any property
upon which a permitted or unpermitted motorcade, parade or public
assembly (including those for which a permit was revoked) occurs.
The subject property shall be restored to its condition prior to use
as a motorcade, parade or public assembly site, or to its natural
condition. The permittee, applicant or unpermitted sponsor shall have
no more than one day in which to clean up, remediate, and restore
the subject property. Upon notification given by the Enforcement Officer
to the Town Supervisor that the permittee, applicant or unpermitted
sponsor of a motorcade, parade or public assembly has failed or refuses
to clean up, remediate, and/or restore the subject premises within
that one-day period, the Town Supervisor may, but is not required
to, cause the Town to commence or contract out the clean up, remediation,
and restoration of the subject property. After such work has been
completed, the Enforcement Officer shall file in the office of the
Town Clerk a verified statement of all the direct costs of the cleanup,
remediation, and/or restoration of the subject premises, together
with a 50% surcharge as compensation to the Town for administering,
supervising, and handling said work in accord with the provisions
of this chapter. Such verified statement shall be served by personal
service or by certified mail upon the permittee, applicant or unpermitted
sponsor at the time of filing.
The Town may enter a civil judgment against any permittee, applicant
or unpermitted sponsor in the amount of any verified statement. Such
civil action may be commenced in the Town Court, or any other court
of competent jurisdiction, and enforced in accord with law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
The Town may enter a civil judgment against any permittee, applicant
or unpermitted sponsor in the amount of any verified statement. Such
civil action may be commenced in the Town's justice court, or
any other court of competent jurisdiction, and enforced in accord
with law.
B.
All provisions of New York State law generally applicable to misdemeanors
shall apply to any criminal proceeding brought under this chapter,
and any misdemeanor shall be deemed an unclassified misdemeanor. For
purposes of this chapter the Town's justice court is hereby vested
and imbued with jurisdiction to issue administrative and other warrants
in compliance with the New York Criminal Procedure Law and administrative
codes of the State of New York, as well as to hear and adjudicate
allegations relating to the criminal or civil violation of this chapter
and thereafter, if appropriate, impose any fine, penalty, or sanction.
C.
Any person or entity that violates any of the provisions of this
chapter shall be guilty of a criminal violation and subject to a fine
of not more than $1,000, or subject to a civil penalty of not more
than $2,500 to be recovered by the Town in a civil action. Each week
that any noncompliance or violation continues is and may be charged
as a separate violation.
D.
In addition to any other remedy, a violation of, or noncompliance
with, this chapter may result in the termination, modification, or
revocation of any permits or approvals as issued.
E.
The application or pursuit of any civil or criminal fine, sanction,
or penalty shall not preclude the pursuit of any other lawful remedy
by the Town, including, but not limited to, the right to seek equitable
relief.
(1)
Whenever
the Town shall believe from evidence satisfactory to it that there
is a violation of this chapter, the Town may bring an action to enjoin
and restrain the continuation of such violation and in any such action:
(2)
In
such action, the court may also award any damages or other relief
requested, including declaring the rights and interests of any parties
and imposing any civil penalties. The remedies provided by this chapter
shall not be in lieu of, and shall be in addition to, any other right
or remedy available to the Town, whether sounding in enforcement or
otherwise.
A transfer of title (or any interests therein) in any premises
by any owner shall be no defense to any proceeding under this chapter.
No assignment of any obligations imposed by this chapter shall be
a defense to any proceeding under this chapter.
Each person working upon any cleanup, remediation, or restoration
work following a motorcade, parade or public assembly, including all
persons acting in furtherance of the performance of any work pursuant
to or under any noncompliance notice, shall indemnify, keep and save
harmless the Town from and against any and all losses, costs, damages,
expenses, judgments, claims, or liabilities of any kind whatsoever
which may accrue against or be charged to or recovered from the Town
from or by reason of or on account of accidents, injuries, damages,
and/or losses to persons or property during any cleanup, remediation,
or restoration work. This indemnity provision shall be construed and
applied to the maximum extent permitted by law.
In the cleanup, remediation, or restoration of the premises
of any motorcade, parade or public assembly, or any part thereof,
any and all cleanup, remediation, or restoration work shall be undertaken
with a diligent regard to, and a diligent application of, all applicable
safety standards, rules, laws and regulations, in accord with the
safest practice and customs in the applicable cleanup industry.
The Town shall not be liable or responsible for any injury to
persons or damage to property due to the Town's actions or failures
to act under or pursuant to this chapter, unless it is proven to a
reasonable degree of certainty that such injury or damage was solely
caused by a willful or intentional act of the Town. Such limitation
includes, but is not limited to, any and all claims that injury, damage,
loss or liability was caused or contributed to in whole or in part
by the issuance or non-issuance of any permit, or the alleged or actual
failure to impose or not impose any certain conditions, or the alleged
or actual failure to verify or monitor compliance or noncompliance
with this chapter or any permit issued hereunder.
