[HISTORY: Adopted by the City Council of the City of Saratoga
Springs 12-20-2005; amended
in its entirety 9-3-2019. Subsequent amendments
noted where applicable.]
It shall be unlawful for any person, firm, corporation or other
legal entity to install/erect or cause to be installed/erected any
temporary structure, tent, canopy, awning or other similar structure
in the City of Saratoga Springs without first obtaining a permit where
required by this chapter.
A.
Nothing in this chapter shall be construed to supersede any provision(s)
of the New York State Building and Fire Codes.
B.
Any temporary structure authorized under this chapter, and any person or legal entity in control thereof, must comply with all other pertinent ordinances rules and regulations of the City of Saratoga Springs. Including but not limited to City Code Chapters 98 (Demonstrations), 199A (Special Events), 148 (Noise), and 61 (Alcoholic Beverages).
As used in this chapter, the following terms shall have the
meanings indicated:
Any place to which the public has unrestricted access, but
"public place" shall not mean the interior floor space of any building
or any space covered by part of a building's permanent roof.
Any display of words, symbols or other visual images made
of cloth, paper, plastic, cardboard or other material or any combination
of such display.
Any event, occasion or celebration open to the public and
held in or upon any public right-of-way, public street, public park
or other public place or conducted in such a manner as to significantly
impede public access to any public right-of-way, public street, public
park or other public place.
A tent, awning, canopy or other device, including but not
limited to temporary stages, platforms and technical production areas,
with or without sides, erected for a period of 180 days or less within
a period of 365 consecutive days.
A collapsible shelter, with or without sides, made of fabric,
nylon or canvas stretched and sustained by poles and used as a temporary
structure.
The following classifications shall apply to temporary structures
under this chapter:
A.
Level 1. This classification shall include the following temporary
structures:
(1)
Tents used exclusively for recreational camping purposes; or
(2)
Canopies and/or awnings open on all sides and which comply with all
of the following:
(a)
Individual canopies shall have a maximum size of 700 square
feet.
(b)
The aggregate area of multiple canopies that are placed side
by side without a fire break clearance of at least 12 feet shall not
exceed 700 square feet total.
(c)
There shall be a minimum of 12 feet of distance to all other
temporary structures.
B.
Level 2. This classification shall include all temporary structures
which are not exempt from permit as Level 1 structures and which shall
remain standing for not more than 45 days per calendar year. Level
2 structures shall require a permit under this chapter; however, the
applicant may apply either for a single permit for 45 days of use,
or for any number of permits of lesser duration not to exceed 45 days
of use per calendar year.
C.
Level 3. This classification shall include all temporary structures
which are not exempt from permit as Level 1 structures and which shall
remain standing for more than 45 days per calendar year. Level 3 structures
shall require a permit under this chapter and shall be subject to
further review and approval as structures as provided by the City
Zoning Ordinance.
Level 1 temporary structures shall not require a permit under
this chapter.
A.
A person, firm, or legal entity, before installing or constructing
a temporary structure, or causing a temporary structure to be installed,
shall apply for a permit from the Department of Public Safety.
B.
C.
An application for a temporary structure shall be filed with the
Department of Public Safety not fewer than five business days before
the date on which it is proposed to install/erect the temporary structure.
D.
For any event that will attract 5,000 or more persons, the applicant
must obtain a permit from the New York State Department of Health.
A copy of that permit must be attached to the application submitted
to the City. A safety plan, as required by the Department of State,
must also be included with the application.
E.
The application shall be accompanied by a set of plans which shall
indicate the following:
(1)
Type of construction.
(2)
Seating arrangements.
(3)
Aisles.
(4)
Structural details and calculations of the seats and support.
(5)
Location of all temporary electrical wiring which must be in compliance
with National Fire Protection Association 70.
(6)
Location of all ingress/egress.
(7)
Location and specifications of all fire protection equipment within
the structure which shall be marked according to state code.
(8)
Location, insofar as practical, of adjacent structures and obstructions
which might hinder the free travel of persons to and from the structure.
Fees for permits issued under this chapter, and for charges
related thereto, shall be established from time to time by resolution
of the City Council.
A.
The Fire Chief, or designee, shall review and inspect temporary structures
according to the provisions of the New York Building and Fire Codes.
B.
Prior to the issuance of any permit under this chapter, the Department
of Public Safety shall submit the application and plans to the Fire
Chief or designee for review. If the Fire Chief or designee determines
that the temporary structure conforms to New York State Building and
Fire Codes, the Fire Chief or designee shall notify the designated
permit issuing official of the Department of Public Safety who may
then issue a permit, conditioned upon such reasonable limitations
and requirements as the Department of Public Safety may deem necessary
in the interest of public health, safety and welfare.
C.
No temporary structure governed by this chapter shall be used until
the Fire Chief or designee has completed an inspection and has determined
that the temporary structure is compliant with New York State Building
and Fire Codes.
A.
The applicant, as defined in Levels 2 and 3, shall provide proof
of insurance to the Department of Public Safety as follows:
(1)
A certificate of insurance naming the City of Saratoga Springs as
a certificate holder, from a New York State insurer with an AM Best
Rating of A- or better Size VII Carrier naming the City of Saratoga
Springs as an additional insured on a primary and noncontributory
basis evidencing the following coverage: commercial general liability
of $1,000,000 per occurrence with a $2,000,000 aggregate including
completed operations, product liability and personal injury liability
insurance and New York State Statutory Workers Compensation, Disability
and Employer's Liability Insurance for all employees.
(2)
A fully executed hold harmless agreement in a form satisfactory to
the City, by which the applicant shall indemnify and save harmless
the City and its agents and employees from and against all claims,
damages, loss and expense (including but not limited to attorney's
fees) arising out of or resulting from the permitted activity, sustained
by any person or person, provided that any such claims, damage, loss
or expense is attributable to bodily injury, sickness, disease or
death, or to injury to or destruction of property caused by the tortious
act or negligent act or omission of the applicant, or the applicant's
employees, or agents of subcontractors.
A.
If the Department of Public Safety finds that all applicable provisions
of this chapter have been complied with or will be complied with by
the applicant, a permit may be issued to install or erect a temporary
structure conditional upon such reasonable limitations and requirements
as may be deemed necessary for the protection of the public health,
safety and welfare. Nothing in this chapter shall be construed as
granting the Department of Public Safety any power to confer rights
upon permit holders to do any act or conduct any business or activity
in contravention of any zoning ordinance or regulation in effect in
the City of Saratoga Springs.[1] It shall be the responsibility of the permit holder to
determine if the activity complies with the applicable zoning laws.
The Fire Department shall issue a permit as provided for hereunder
when, from a consideration of the application and from such other
information as may otherwise be obtained, it is found that:
A.
Use of the temporary structure will not require the diversion of
so great a number of police officers of the City to properly manage
the areas contiguous thereto as to prevent normal police protection
to the rest of the City.
B.
Use of the temporary structure will not require the diversion of
so great a number of emergency vehicles as to prevent normal emergency
service to portions of the City other than that occupied by the proposed
areas contiguous to the temporary structure.
Each temporary structure permit shall state the following information:
The permit holder shall comply with all permit directions and
conditions and with all applicable laws and ordinances.
A temporary structure installation permit may be revoked or
suspended by the Commissioner of Public Safety upon due notice and
after a hearing for any of the following reasons:
A.
The permit holder violates any of the provisions of this chapter.
B.
The permit holder violates any of the provisions of the New York
State Building and Fire Codes.
C.
The permit holder fails to provide and/or maintain required insurance
at any time.
D.
Any other conduct which evidences the inability of the permittee
to safely construct temporary structures within the City of Saratoga
Springs.
Any person or other legal entity who violates any of the provisions of this chapter shall be subject to the penalties set forth in Chapter 1, General Provisions Article III, General Penalty, of this Code. The Police Department, Fire Department, and Department of Code Administration are hereby authorized to enforce this chapter.
This chapter shall take effect the day after publication as
provided by the provisions of the City Charter of the City of Saratoga
Springs, New York.
