[HISTORY: Adopted by the Board of Trustees of the Village
of Ossining 1-20-2021 by L.L. No. 1-2021. Amendments noted where applicable.]
Special events are largely beneficial to the community, however,
special events which are likely to attract a large number of people
can adversely affect the well-being of Village residents and business
owners and strain municipal resources. Special events on public and
private property can disturb nearby residents in the peaceful enjoyment
of their homes and property, interfere with the general public's normal
use of highways and other municipal facilities, and can be harmful
to the public safety and welfare. To provide for the well-being of
the community, the Village Board of Trustees establishes procedures
whereby the Village can be informed in advance of special events,
be assured that such special events, if appropriate under the Village
Code and the Constitution of the State of New York, can be accommodated
without unduly burdening the community or the resources of the Village
of Ossining.
As used in this chapter, the following terms shall have the
meanings indicated:
A neighborhood celebration or event, but shall not include
a garage sale, yard sale, bazaar, rummage sale or other similar activity
having the principal purpose of fundraising for an individual or organization,
nor shall it include a political meeting or rally, carnival or theatrical
or musical performance such as concerts or similar events. No block
party shall charge a fee for any item, including but not limited to
admission, food or beverage.
There are four event levels: Event Level 1: anticipated attendance
of participants, staff, volunteers and others not to exceed 299 as
well as staff determination of scope of requested Village support
services; Event Level 2: anticipated attendance of participants, staff,
volunteers and others between 300 and 499 as well as staff determination
of scope of requested Village support services; Event Level 3: anticipated
attendance of participants, staff, volunteers and others exceeds 500
as well as staff determination of scope of requested Village support
services; and Event Level 4: anticipated attendance of participants,
staff volunteers and others exceeds 500 and/or the event involves
street closures, multiple sites and the need for additional Village
resources and support staff. The event level will be determined by
the Superintendent of Recreation and Parks or designee in consultation,
where necessary, with other Village departments. Any Event Level 1
event which is more than six hours in duration from event setup to
breakdown will be considered a Level 2 event requiring approval of
the Special Events Advisory Committee.
[Amended 4-3-2024 by L.L. No. 2-2024]
Any assembly or similar gathering held for the purpose of
exercising free speech activity protected by either the First Amendment
to the United States Constitution or Article I, Section 8 of the New
York State Constitution, which shall include conduct the sole or principle
purpose of which is the expression, dissemination or communication
of opinions, views, or ideas and for which no fee or donation is charged
or required as a condition of participation in such assembly. It includes,
by way of illustration and without limitation, press conferences,
speeches, protests and demonstrations.
Any march or procession consisting of people, animals, bicycles,
vehicles or a combination thereof, except funeral processions, on
any public street, sidewalk, alley, or other public right-of-way,
which obstructs, delays, or interferes, with the normal flow of pedestrian
or vehicular traffic, or does not comply with traffic laws or controls.
An individual, corporation, limited liability corporation,
association, not-for-profit corporation, partnership or other business
entity.
[Added 4-3-2024 by L.L. No. 2-2024]
Property which is owned, operated, maintained, and/or controlled
by the Village which is not rental in nature. Examples of public property
include, but are not limited to, parking lots, plazas, public spaces,
streets, sidewalks and parks.
Any temporary gathering, demonstration, performance, exhibition,
amusement or activity that is conducted or sponsored by a person,
organization, entity or association other than the Village of Ossining,
proposed to be held on public property or on private property either
affecting public property or requiring village support services. Examples
of special events include, but are not limited to, carnivals, circuses,
fairs, bazaars, outdoor shows and concerts, parades, religious processions,
walks, runs, marathons, and bicycle races. Special events may involve
one or more of the following:
[Amended 4-3-2024 by L.L. No. 2-2024]
The closing of a public street.
The use, blocking or restriction of village property, roads,
or rights-of-way.
The use of amplified sound exceeding the standards set forth in Chapter 178, Noise, of the Village of Ossining Code.
The sale or service of food and/or alcohol to the public.
The substantial increase or disruption of the normal flow of
traffic on any street or highway.
The placement of portable toilets.
The placement of temporary no-parking or directional signs or
banners.
Construction and/or installation of temporary structures, including
but not limited to a stage.
Installation of a tent exceeding 400 square feet.
The use of Village support services that would otherwise not
be necessary in the absence of such an event.
Any person or entity, including an employee or agent of another,
who sells, barters, offers to sell or offers to barter services, food,
beverages, goods or merchandise. Vendors shall include entities providing
alcoholic beverages for consumption and/or sale.
[Added 4-3-2024 by L.L.
No. 2-2024]
Any person or organization desiring to conduct or sponsor a
special event in the Village shall obtain a special event permit from
the Superintendent or the Special Events Advisory Committee as detailed
herein.
A.
Special event permits are not required for the following:
(1)
Funeral processions.
(2)
Regular sporting events held at facilities which are approved for
such purposes.
(3)
A student assemblage at any school chartered by New York State.
(4)
A gathering for the purpose of expressive activity, provided that
the sponsors provide the Village Manager with written notice at least
48 hours in advance of the gathering if more than 50 persons are expected
to attend. The name, address and contact information of the sponsor,
the proposed location or route, and the date and time of the gathering
shall be provided.
(5)
Events sponsored in whole or in part by the Village.
(6)
Gatherings for religious purposes held at facilities which are approved
for such purposes.
(7)
A wedding of a property owner, a member of the property owner's family
or a tenant legally occupying the property pursuant to a lease agreement
establishing the tenancy, provided such tenancy is permitted by a
certificate of occupancy issued by the Building Department.
(8)
A family reunion, graduation party, or a similar family gathering
limited to the invited guests, in reasonable number, of a property
owner, a member of the property owner's family, or a tenant legally
occupying the property pursuant to a lease agreement, provided such
tenancy is permitted by a certificate of occupancy issued by the Building
Department.
(9)
Block parties. Applications for block parties shall be submitted
to the Superintendent of Recreation and Parks for approval and, where
necessary, for review by appropriate Village departments. The organizer
of the block party shall notify all property owners/residents of the
street(s) to be shut down of the terms of the proposed event and shall
obtain the signatures of a majority of those property owners/residents
consenting to the block party taking place. A fire lane sufficient
for access by emergency/police personnel shall be maintained at all
times during the block party. Block parties shall conclude by 9:00
pm Sunday through Thursday and 10:00 pm on Friday and Saturday. The
organizers of the block party shall pay a street closing/obstruction
fee as detailed in the Village's fee schedule. The applicant(s) for
the block party shall agree in writing to hold the Village harmless
from any and all obligations and liabilities which may arise from
the temporary street closing which is the subject of the application.
The applicant(s) are responsible for the removal of litter and debris
resulting from the block party. The Superintendent of Recreation and
Parks has the option of requiring the applicant(s) to submit proof
of liability insurance for damage to property and personal injury
arising out of the temporary street closing.
[Amended 4-3-2024 by L.L. No. 2-2024]
A.
Time for submission. The special event permit application form shall
be submitted to the Superintendent no later than 75 days before the
scheduled event. Late applications will be rejected and not considered
for special event permits.
B.
Application form. The special event application form shall be available
through the Department of Recreation and Parks' web page. The Superintendent
may require additional documentation or information from the sponsor.
[Amended 4-3-2024 by L.L. No. 2-2024]
A.
Application fee. Application fees for special event permits shall
be established and amended from time to time by resolution of the
Board of Trustees and published in the annual Village fee schedule.
Application fees are nonrefundable.
B.
Insurance.
(1)
Sponsors. All sponsors of special events must obtain commercial general
liability insurance with limits of no less than $1,000,000 per occurrence
and $2,000,000 in the aggregate to protect the Village of Ossining,
its agents, officers, officials, employees and volunteers, the sponsor,
and any subcontractor from claims for personal injury, including accidental
death, and for claims for property damage that may arise from the
sponsor's operations, whether performed by the sponsor itself,
any subcontractor or anyone directly or indirectly employed by either
of them. Commercial automobile insurance on a per-occurrence basis
will be required in the same amount as the commercial general liability
insurance requirement if automobiles are used as part of the event.
The Village of Ossining, its officers, elected officials, employees
and agents shall be named as additional insureds under the commercial
general liability and, where applicable, commercial automobile liability
policies. The insurance shall be on a primary and noncontributory
basis with a waiver of subrogation. The commercial general liability
insurance shall include endorsements extending coverage to all structures
constructed and/or brought to the special event, including but not
limited to rides, stages, tents, portable restroom facilities, dumpsters
and generators. Should the event require the construction, setup and/or
placement of such structures, the sponsor, in addition to the aforementioned
coverage, shall provide to the Village certificates of insurance from
the entities providing the structures which certificates for commercial
general liability and, where applicable, commercial automobile insurance
shall have limits of no less than that required for the sponsor. If
the sale or consumption of alcoholic beverages at the event is authorized,
then liquor liability and/or host liability insurance with limits
of no less than $1,000,000 per occurrence will be required. Such insurance
shall name the Village of Ossining, its officers, elected officials,
employees and agents as additional insureds. Proof of statutory workers'
compensation and disability insurance coverage shall be provided for
all of the sponsor's employees participating in the event. The
aforementioned insurance policies shall not be cancellable or modified
without at least 30 days' prior written notice to the Village,
such notice to be provided to the Superintendent. All certificates
of insurance and, where necessary, proof of statutory workers'
compensation and disability coverage, shall be provided to the Superintendent
no later than 30 days' prior to the scheduled event. Failure
to provide the required insurance information shall result in the
cancellation or postponement of the event.
(2)
Vendors and event participants other than food and beverage vendors.
Unless specifically covered by the sponsor's insurance (proof
of which must be provided to the Village), such vendors and event
participants shall provide commercial general liability and commercial
automobile insurance with policy limits similar to that required of
the event sponsor, including statutory workers' compensation
and disability coverage. Certificates of insurance naming the Village
of Ossining, its officers, elected officials, employees and agents
as additional insureds and, where necessary, proof of statutory workers'
compensation and disability coverage shall be provided to the Superintendent
no later than 15 days' prior to the scheduled event. Failure
to provide the required insurance information will result in the vendor
or other event participant being unable to participate in the event.
(3)
Food and beverage vendors. Such vendors, regardless of whether coverage
is afforded through the sponsor's insurance, shall provide proof
of insurance similar to that required of the event sponsor, including
statutory workers' compensation and disability. Any vendors selling
or serving alcoholic beverages at the event shall provide proof of
liquor liability insurance with limits similar to that required of
the sponsor. Certificates of insurance naming the Village of Ossining,
its officers, elected officials, employees and agents as additional
insureds and, where necessary, proof of statutory workers' compensation
and disability coverage shall be provided to the Superintendent no
later than 15 days' prior to the event. Failure to provide the
required proof of insurance will result in the food and beverage vendor
being unable to participate in the event. The insurance requirements
listed above are minimum requirements subject to increase if the special
event so warrants.
C.
Indemnification, hold harmless and license agreement. The sponsor
shall submit a fully executed indemnification, hold harmless and license
agreement in a form satisfactory to the Village Corporation Counsel,
by which the sponsor shall indemnify and save harmless the Village,
its agents and employees, including elected officials, from and against
all claims, damages, loss and expense (including but not limited to
attorneys' fees) sustained by any person or persons, arising out of
or resulting from the permitted activity, provided that any such claim,
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 or negligent act of omission of the sponsor, the sponsor's
employees, agents, subcontractors and event participants. The signed
agreement shall be provided to the Superintendent no later than 15
days prior to the scheduled event. Failure to timely provide the required
agreement shall result in the cancellation or postonement of the event.
D.
No later than 15 days' prior to the special event, the sponsor
shall provide the Superintendent with a list of all participating
vendors with contact information; for food vendors, where applicable,
a description of methods to be used for cooking and disposal of grease;
proof that the food vendors possess the required license from the
Westchester County Health Department; for vendors selling and/or serving
alcoholic beverages, proof of that the New York State Liquor Authority
has issued the required license; and a site plan of all vendor and
participant locations with entry and exit points clearly delineated.
Failure to timely provide the information in this subsection or to
provide incomplete information may result in the denial or rescission
of the permit to hold the special event.
E.
Security deposit. The Superintendent and/or the Special Events Advisory
Committee shall require the sponsor to provide a security deposit
in an amount to be determined for clean-up expenses and for compliance
with permit conditions. If the sponsor fails to honor the permit conditions
or to adequately clean up the property after the event, the Village
may use such portion of the security deposit as is required.
F.
Approval to conduct a special event by the process described in this
chapter does not relieve the sponsor or any participant, including
but not limited to food vendors and those who are selling and/or distributing
alcoholic beverages, from the responsibility of applying for and obtaining
any other permits or licenses or meeting any other requirements which
may be applicable for the special event.
G.
Following receipt of the application, the Superintendent shall notify
the sponsor in writing that the date(s) for the special event has
been tentatively approved subject to receipt of outstanding documents,
possible review by the Special Events Advisory Committee and payment
of fees. Upon receipt of this tentative approval, the sponsor may
begin to advertise the special event.
H.
All banner permit applications for the special event shall be submitted
at least 30 days prior to the special event to the Superintendent.
Late banner applications will not be accepted. Banner display dates
and locations will be granted on a first-come first-served basis.
[Amended 4-3-2024 by L.L. No. 2-2024]
The Superintendent shall review the application for special event permits. No permit shall be issued where the application is found to be incomplete and/or requested information has not been provided. The Superintendent shall notify the sponsor if the application is incomplete. Upon receipt of a complete application, the Superintendent shall determine the event level of the proposed special event in consultation with other Village departments where necessary. For Event Level 1, if it is determined by the Superintendent that total attendance at the event will be 299 or fewer and support services, if any, will only be required from the Department of Recreation and Parks, the Superintendent may grant the permit upon payment by the applicant of all fees and security deposit. For Event Levels 2, 3, and 4 and for those proposed special events under Event Level 1 where support services from other Village departments will be needed or where the Superintendent concludes that the application should be denied, the Superintendent shall promptly forward the application to the Special Events Advisory Committee members pursuant to § 226-8. In addition to forwarding the application to the Special Events Advisory Committee, the completed application will be distributed to the appropriate Village departments. Information from the Village departments may be used in establishing terms and conditions under which an event may be conducted when the use of support services is determined to be necessary.
A.
Composition of the Special Events Advisory Committee (SEAC). The
SEAC shall be composed of the following officials or their designees:
(1)
Village Manager, who shall serve as SEAC chairperson.
(2)
Superintendent of Recreation and Parks.
(3)
Police Chief.
(4)
Chief Engineer of the Fire Department.
(5)
Captain of the Ossining Volunteer Ambulance Corps.
(6)
Village Engineer.
(7)
Building Inspector.
(8)
Director of Planning or Planning Consultant.
[Amended 4-3-2024 by L.L. No. 2-2024]
(9)
Corporation Counsel.
B.
Responsibilities of the SEAC. The SEAC is responsible for reviewing,
evaluating, approving or disapproving all applications for Event Levels
2, 3, and 4 and those Event Level 1 applications referred by the Superintendent.
The SEAC shall consider among other things, the number of anticipated
attendees, required Village support services and the Village's ability
to provide such services.
[Amended 4-3-2024 by L.L. No. 2-2024]
C.
Authority of the SEAC. The SEAC may:
(1)
Approve or disapprove an application as submitted. If the application
is disapproved, the SEAC shall state in writing the reason(s) for
the disapproval.
(2)
Establish the terms and conditions for the special event. Terms and
conditions may include, but are not limited to location, timing, scope
and/or financial arrangements.
D.
SEAC procedures. The Superintendent shall forward applications to
the SEAC members who will review the application and recommend that
the application be approved, approved with conditions or denied. The
SEAC Chairperson shall call a meeting of the SEAC and provide the
SEAC with the application and any attachments. A decision denying
an application or granting the application with conditions will be
in writing and sent to the sponsor by certified mail, return receipt
requested, and to the email address on the application. If the application
is denied or includes conditions not agreed to by the sponsor, the
sponsor may appeal the SEAC's decision to the Board of Trustees, which
at a public meeting shall decide to affirm, modify or reverse the
SEAC's determination.
[Amended 4-3-2024 by L.L. No. 2-2024]
E.
Appeals of SEAC decision.
[Added 4-3-2024 by L.L.
No. 2-2024]
(1)
The sponsor/applicant may appeal the SEAC's decision by filing
a written appeal with the Corporation Counsel within five business
days of the decision.
(2)
The appeal shall include a copy of the SEAC's decision and a
statement explaining why the decision should be modified or reversed.
(3)
The Corporation Counsel shall fix a time and place for the hearing
before the Board of Trustees. The hearing notice shall be served upon
the sponsor by certified mail, return receipt requested, and to the
email address noted on the application. The SEAC Chairperson or designee
also shall receive notice of the hearing and shall be entitled to
appear and defend the SEAC's decision.
(4)
The decision of the Board of Trustees on any appeal from the SEAC's
decision shall be final and conclusive. The Board's decision
will be served upon the applicant/sponsor by certified mail, return
receipt requested, and to the email address included with the application.
[Amended 4-3-2024 by L.L. No. 2-2024]
A.
The SEAC may deny a special permit for any of the following non-exclusive
factors: there are inadequate Village resources available to protect
the health, safety, property and general welfare of the residents
and property owners of the village or the safety of participants and/or
attendees at the event; the special event has been the subject of
a violation or has had any adverse impacts on the surrounding property
in the Village within the last two years; the special event does not
provide for sufficient services or facilities; a high probability
of disorderly conduct likely to endanger public safety or to result
in significant property damage may result from the special event;
or a prior application for another special event on the same date
has received temporary approval or issuance of a special permit.
B.
Once a special event permit has been issued, any proposed amendment
or modification to the permit shall be submitted in writing to the
Superintendent promptly but no later than three business days prior
to the event. Such amendment or modification may include, by example,
the identity of the event sponsor, date of the event, the location
or route of the event, the number of attendees or the addition of
tents or other structures, alcohol or food. For an Event Level 1 permit
granted by the Superintendent, the Superintendent shall review the
proposed amendment or modification and shall have the discretion to
rescind or modify the permit due to changed conditions. For Event
Types 2, 3, and 4 and Event Type 1 determined by the SEAC, the Village
Manager shall review the proposed amendment or modification and upon
consultation with staff shall have the discretion to rescind or modify
the permit due to changed conditions.
C.
If, after the special event permit has been issued, a determination
is made that any of the representations and/or statements contained
in the application, including requested documents, were materially
false, the Village Manager or designee shall rescind such permit.
No refund will be issued if the permission for the event is rescinded
due to materially false statements or representations.
D.
If at the time of the scheduled special event it is determined that
any of the permit conditions are not being complied with, the Village
Manager or designee, may terminate or suspend the event until such
conditions are satisfied. Village staff may take all necessary actions
to effectuate the Village Manager's determination. No refund will
be issued if the event is terminated or suspended where permit conditions
are not being complied with.
E.
In addition to the authority to suspend or terminate a special event pursuant to § 226-9D, the Village Manager or designee may suspend or terminate the special event or any portion thereof that is determined to present an imminent hazard to the health, safety, property or general welfare of the residents and property owners of the Village or the safety of participants and/or attendees at the special event.
F.
If a special event permit is rescinded prior to the scheduled event date, the sponsor may appeal such determination to the Board of Trustees in writing in accord with the provisions of § 226-8E. Following a public meeting, the Board of Trustees may affirm, modify or reverse the decision of the Village Manager or Superintendent.
G.
No refund
will be issued where the application is denied or the event is canceled
due to the applicant not providing required documents in a timely
manner or providing incomplete documents.
[Amended 4-3-2024 by L.L. No. 2-2024]
Upon determining that the proposed date for the special event is tentatively approved (§ 226-6G), the Superintendent shall advise the sponsor of its responsibility to notify all property owners and business owners located within 50 feet of the location of the special event. The notice shall be sent out by regular mail within 20 calendar days after notice from the Superintendent using the property owners' addresses on the most recent tax roll and business owners' addresses obtained from available sources. Such notice shall include the sponsor's name, telephone number and email address, special event date, time, location and rain date and such other information as required by the Superintendent. Proof of mailing upon the property owner(s) and business owner(s) shall be provided to the Superintendent within 20 calendar days of mailing.
Any person who violates any provision of this chapter shall
be guilty of a violation and shall, upon conviction, be subject to
the imposition of a fine in accordance with the following schedule
for each violation. Each day that a violation continues shall be deemed
a separate offense.
A.
For the first offense, a fine of not less than $500 nor more than
$2,000 for each offense, plus any costs incurred by the Village as
a result of the violation(s).
B.
For a second offense within a three year period, a fine of not less
than $1,000 nor more than $5,000 for each offense, plus any costs
incurred by the Village as a result of the violation(s).
C.
For a third and subsequent offense within a three year period, a
fine of not less than $2,500 nor more than $15,000 for each offense,
plus any costs incurred by the Village as a result of the violation(s).
The issuance of a special event permit shall not be deemed to
authorize any physical alteration to land or property owned by the
Village, including Village roads. For purposes of this section, the
term "alteration" shall include, but shall not be limited to, the
grading, filling or clearing of land, the cutting, felling or removal
of trees or other vegetation and a change in the physical characteristics
of a building or structure or the component parts thereof.
If any part or provision of this chapter or the application
thereof to any person or circumstance is adjudged to be invalid by
any court of competent jurisdiction, such judgment shall be confined
in its operation to the part, provision or application directly involved
in the controversy in which such judgment shall have been rendered
and shall not affect or impair the validity of the remainder of this
chapter or the application thereof to any other person or circumstances.
