[HISTORY: Adopted by the Board of Trustees of the Village
of Rhinebeck 2-25-2014 by L.L.
No. 2-2014.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 72.
Parks and other public areas — See Ch. 78.
Zoning — See Ch. 120.
[1]
Editor's Note: This local law was originally adopted as Ch.
121, but was redesignated for organizational purposes.
It is the purpose of this chapter to preserve the public peace
and maintain good order within the Village of Rhinebeck, thereby insuring
the safety, health, welfare, and well-being of persons or property
by regulating assemblies and other gatherings of persons for events
held in public places within the Village consistent with the rights
and privileges of its residents.
As used in this chapter, the following terms shall have the
meanings indicated:
An arranged, nonroutine activity within the Village that
brings together an assemblage or gathering of a group of 250 or more
people.
Any individual, group of individuals, firm, company, association,
society, partnership, corporation, or any other legal entity.
A place to which the public is invited or has access.
Describes any person as defined in this chapter who initiates
the process of applying for a permit to hold an event within the Village
of Rhinebeck.
A.
No person shall sponsor, conduct or hold an event of any kind in
the public areas of the Village of Rhinebeck which will require additional
planning or resources on the part of the Village or which could have
an adverse impact on its ability to respond to an emergency or protect
its residents without first receiving the approval of the Board of
Trustees and obtaining a permit from the Village.
B.
The sponsor of any event, as defined herein, is required to make
application to the Board of Trustees for review by the Village and/or
any of its designated departments or agencies no less than 180 days
prior to the date(s) of the planned event on an application form to
be provided by the Village Clerk. The Board of Trustees will notify
the sponsor of its decision in writing no later than 120 days prior
to the scheduled event. The Village reserves the right to require
additional information after the submission of the application which
it deems appropriate and necessary for its review. The Village further
reserves the right to modify or waive the requirement for an event
application or the number of days required herein for filing or notification
when appropriate under the circumstances.
C.
In making its determination, the Board of Trustees will consider
among other criteria:
(1)
The sponsor's successful experience in holding a prior event;
(2)
The sponsor's capacity to adequately manage the event it is
seeking to hold;
(3)
The exceptional demands placed upon the Village's infrastructure
by the event and the Village's ability to respond to an emergency
or disaster;
(4)
The time of the year that the event will be held and whether more
than one event is being applied for in the same time period; and
(5)
The additional planning, preparedness, and mitigation efforts required
of the Village's emergency response and public safety agencies.
D.
The Board of Trustees may, if it deems it necessary and appropriate,
request more information from an applicant, to require that a fee
be paid by the sponsor in an amount to be determined by the Board
of Trustees to reimburse the Village for any direct necessary review
expenses, and impose conditions on its approval. The Board of Trustees
may deny any application without recourse which, in its judgment,
will in any way jeopardize the safety, health and well-being of the
residents of the Village.
No permit shall be issued unless the applicant shall furnish
the Village with a comprehensive liability insurance policy naming
the Village as an additional insured against liability for damage
to person(s) or property with limits of not less than $1,000,000 for
each occurrence for bodily injury or death and for property damage
sufficient in form to provide the Village with a defense against any
causes of action which might be alleged by reason of the granting
of the permit or the conduct of the assembly or gathering. Such policy
shall be noncancellable without 10 days' prior written notice
to the Village. The applicant shall also furnish the Village with
a written hold-harmless agreement for any loss or damage above and
beyond the amount of the insurance coverage.
The Village reserves the right to revoke any permit after it
is issued if it is determined that the sponsor misrepresented information
provided in the application, omitted information in the application
which would have resulted in a denial by the Village, or where the
sponsor failed to comply with conditions imposed in the approval of
the permit by the Village. Upon revocation, the permit shall become
null and void.
The following shall be deemed to constitute a violation of this
chapter:
A.
Failure to obtain a permit for an event for which a permit is required.
B.
Failure to present a permit to an enforcement officer upon request
of such officer.
C.
Refusal to permit inspection by an enforcement officer to inspect
the premises covered by the permit during the event.
D.
Failure to comply with permit conditions or to undertake actions
for the control of traffic, parking, noise, lighting, refuse and the
like.
E.
The use of one or more signs which are not authorized by the permit.
F.
The failure to comply with any other requirement or restriction imposed
by this chapter.
A.
For each violation of a provision of this chapter, the person violating
the same shall be subject to a fine of not more than $1,000 for each
separate violation.
B.
Any person violating this chapter shall be subject to a civil penalty
enforceable and collectible by the Village in the amount of $100 each
day for each offense.
C.
In addition to the above provided penalties, the Village may also
maintain an action or proceeding in the name of the Village in a court
of competent jurisdiction to compel compliance with or to restrain
by injunction the violation of any provision of this chapter.
The provisions of this chapter are severable. If any provision
of this chapter or its application to any person or circumstance is
held invalid, said invalidity shall not affect any other provision
or application of this chapter which can be given effect without the
invalid provision or application of the chapter.
