[HISTORY: Adopted by the Board of Trustees
of the Village of Tarrytown 5-6-1991 by L.L. No. 5-1991; amended in its entirety 3-15-2021 by L.L. No. 5-2021. Subsequent amendments noted where applicable.]
For purposes of this chapter, the following terms shall have
the following meanings:
The person or entity that applies for a permit under this
chapter to hold a parade or special event. Any person or entity responsible
for organizing a parade or special event, or any person or entity
that publicizes a parade or special event through advertisements or
other means of mass communication, including but not limited to social
media, is authorized to act as the applicant.
A special event with anticipated attendance over 500 people
or a special event with 500 people or more.
A special event with anticipated attendance of between 101
and 499 people or a special event of between 101 and 499 participants.
Any procession or race which consists of a recognizable group
of 50 or more pedestrians, vehicles, bicycles or other devices moved
by human power, or ridden or herded animals or combination of the
foregoing proceeding together upon any public street, roadway or public
area.
A special event with anticipated attendance of less than
100 participants or a special event with 100 people or less.
A group activity or congregation, including, but not limited
to, a performance, meeting, assembly, contest, exhibit, ceremony,
parade, athletic competition, reading, or picnic involving more than
12 people for which specific public space is requested to be reserved
by the Village for the special event to the exclusion of the general
public, but shall not mean a demonstration or protest.
A.
Applications.
(1)
Applications for parade permits must be received by the Village Clerk
at least 30 days prior to the requested date for the parade.
(2)
Applications must be submitted to the Village Clerk by completing
the form available at the Village Clerk's office and on the Village's
website in writing either by mail or email and will be considered
in the order in which they are received.
B.
Permits. A parade shall be permitted upon any street or in any public
place in the Village of Tarrytown only after a written permit therefor
has been obtained from the Village Administrator. The Village Administrator
shall, after due investigation of such application, including but
not limited to consultation with the Police Department, Fire Department
and Department of Public Works, grant such permit subject to the following
restrictions:
(1)
The Village Administrator shall not grant a permit where the Village
Administrator has objective reason to believe that the proposed parade
will be disorderly in character, will disturb the public peace or
will be a detriment to public health, safety and welfare.
(2)
Except as otherwise provided herein, the Village Administrator shall
not grant a permit for the use of any street or any public place,
or material portion thereof, which is ordinarily subject to substantial
congestion or traffic or is chiefly of a business or mercantile character,
except upon those federal holidays or when places of business along
the proposed route are closed, or on other days between the hours
of 6:30 p.m. and 9:00 p.m., except if such street which is subject
to substantial congestion or traffic is fully shut down to motor vehicles.
(3)
Each such permit shall designate specifically the route through which
the parade shall move and include such conditions, rules and regulations
as the Village Administrator deems reasonably necessary, if any.
(4)
Permits for parades for occasions of extraordinary public interest,
not annual or customary, or not so intended to be, may be granted
by the Village Administrator for any street or public place, and for
any day or hour, with the written approval of the Mayor.
(5)
The applicant of a parade for which a permit is granted by the Village
Administrator shall be responsible for the strict observance of all
rules and regulations included in said permit by all participants.
(6)
The granting of a parade permit by the Village does not absolve the
applicant from any additional permitting requirements from state or
federal agencies, including but not limited to obtaining permits from
the New York State Department of Transportation.
C.
Exemptions. This section shall not apply:
A.
Applications.
(1)
Applications for special event permits must be received by the Village
Clerk at least 30 days prior to the requested date for the special
event.
(2)
Applications for special events to take place in Pierson Park, Patriots'
Park and Losee Park must be received by the Village Clerk no less
than two months nor more than nine months before the date of the proposed
event.
(3)
Applications must be submitted to the Village Clerk by completing
the form available at the Village Clerk's office and on the Village's
website in writing either by mail or email and will be considered
in the order in which they are received.
B.
Permits and timing. A special event on any street, sidewalk or in
any public place in the Village of Tarrytown may only be held after
a written permit has been issued by the Village Administrator, which
permit may include such conditions, rules and regulations as the Village
Administrator deems reasonably necessary, if any.
C.
Denial of permit; alternative.
(1)
The Village Administrator, after consultation with the Police Department
and any other Village departments, may deny a permit if:
(a)
The location sought is not suitable because of landscaping,
planting, or other environmental conditions reasonably likely to be
harmed by the proposed event;
(b)
The location sought is not suitable because it is a specialized
area, including, but not limited to, proximity to the Hudson River
or other environmentally sensitive area, to public recreation areas,
including, but not limited to, tennis courts and a swimming pool,
or because the proposed event is of such nature or duration that it
cannot reasonably be accommodated in that location;
(c)
The date and time requested have previously been allotted by
permit;
(d)
Within the preceding two years, the applicant had been granted
a permit and did, on that prior occasion, violate a material term
or condition of the permit, or any applicable law, ordinance, statute
or regulation;
(e)
The event would interfere unreasonably with the enjoyment of
the public space by other users;
(f)
The Village Administrator has objective reason to believe that
the proposed special event will be disorderly in character, will disturb
the public peace or will be a detriment to public health, safety and
welfare;
(2)
If the permit has been denied pursuant to Subsection C(1) of this section, the Village Administrator shall state the reasons for the denial in writing and, to the extent practicable, employ reasonable efforts to offer the applicant suitable alternative locations and/or times and/or dates for the proposed event.
D.
Appeals.
(1)
After a permit application is denied or approved with conditions
objected to by the applicant, the applicant may appeal the determination
in writing to the Village Clerk.
(2)
The designated appeals officer shall be the Mayor, who may reverse,
affirm, or modify the original determination and provide a written
explanation of his or her finding.
(3)
Timing of appeal. An appeal must be submitted in writing to the Village
Clerk within 10 days of the applicant's receipt of the determination
or if there are fewer than 10 days between the date the applicant
receives the determination and the proposed special event, at least
two business days before the event.
E.
Revocation or suspension of permit.
(2)
If the Village Administrator revokes or alters a permit prior to the date of the event, the permittee may appeal the revocation or alteration, subject to the time limitations set forth in Subsection D(3) of this section.
(3)
During the course of an event, the Village Administrator may suspend a permit where exigent circumstances exist in the vicinity of the location for which such permit has been issued or circumstances have changed such that the criteria set forth in Subsection C(1)(a) through (g) of this section apply.
F.
Limitations on permits.
(1)
The granting of a permit does not give the permittee the right to
sell or offer for sale any articles, tickets, or refreshments within
or adjacent to any park area or to operate motor vehicles in any park
areas. To do this requires a separate peddler permit issued by the
Village.
(2)
Permits are not transferable.
G.
Pierson Park, Patriots Park and Losee Park. The following conditions
apply to applications for permits for special events in Pierson Park,
Patriots Park and Losee Park:
(1)
Large events. In any calendar year, there will be a maximum of two
permits granted for large events in each of Pierson Park, Patriots
Park and Losee Park.
(3)
Attendance at large events may not exceed 3,000 persons.
(4)
Permitted special events in Pierson Park, Patriots Park and Losee
Park are subject to cancellation or postponement by the Village Administrator
due to inclement weather and/or soil and turf conditions. Factors
the Village Administrator will take into consideration in determining
whether to cancel or postpone an event in Pierson Park, Patriots Park
and Losee Park shall include:
(a)
The possibility of lightning or other extreme weather condition;
(b)
Rainfall (including forecasted, current, or cumulative rainfall);
(c)
Soil saturation levels or other risks to turf health; and
(d)
Any other field conditions that might lead to significant damage
to Pierson Park or the surrounding landscapes or hazardous conditions
for the attendees of the special event.
(5)
The permit application for large events must include a plan acceptable
to the Village Administrator and Police Chief to ensure (i) the orderly
flow of attendees through park landscapes on appropriately designated
areas; and (ii) the attendees will not damage adjacent landscapes.
In addition, in the case of large events, the plan must ensure the
maximum number of persons attending does not exceed 3,000 persons
and is in compliance with all restrictions. In determining whether
the applicant's plan is acceptable such that a permit may be
granted, the Village Administrator shall take into consideration,
among other relevant factors, any evidence that the applicant has
efficiently and safely executed event productions and audience management
in the past.
(6)
An applicant seeking to hold a large event shall post a cash bond
in an amount sufficient to pay for any anticipated damage to Pierson
Park, Patriots Park and Losee Park in connection with the scheduled
event and made payable to the Village of Tarrytown. The amount of
the bond will be determined by the Village Administrator based upon
the following factors: (i) the length of the event; (ii) the time
of year of the event; (iii) the nature of the event, including, but
not limited to, the type of equipment that will need to be brought
into Pierson Park, Patriots Park or Losee Park, the location of such
equipment, and the use of any vehicles in Pierson Park, Patriots Park
or Losee Park; (iv) the number of people attending the event; (v)
the applicant's experience regarding any prior events of the
same or a similar nature; and (vi) whether the event or any activities
associated with the event present a high risk of property damage.
In addition, for large events, the applicant must provide satisfactory
proof of insurance naming the Village as an additional insured. However,
the Village Administrator shall have the authority to waive the bond
required by this subsection where the applicant is able to demonstrate
that such bond cannot be obtained without imposing an unreasonable
hardship on the applicant. Any request for a waiver of the bond required
by this subsection shall be addressed in the permit application. The
burden of demonstrating unreasonable hardship shall be on the applicant
and may be demonstrated by a showing that the cost of obtaining the
bond for the event exceeds 25% of the applicant's budget for
the event. The budget for the event must include not only cash, but
also the actual value of any materials and services to be used by
the applicant for the event.
(7)
For medium events, the applicant must provide satisfactory proof
of insurance naming the Village as an additional insured.
H.
Other areas. Parking lots on the west side of the train station are
available for small events, medium events or large events. The requirements
of Subsection G(1)(c) through (f) apply to large events held on the
west side of the train station.
I.
Passive recreation areas only. Wilson Park and the Tarrytown Lakes
Parks and Field are reserved solely for passive recreation, and the
Losee Park ballfields and Wilson Park Soccer Field are reserved solely
for athletic events and passive recreation. The Village Administrator
shall not grant any permits for special events in Wilson Park, the
Tarrytown Lakes Parks, Losee Park ballfields or Wilson Park Soccer
Field.
For any permit issued under this chapter:
A.
Permittees are subject to the rules and regulations of the Village,
the specific terms and conditions of the permit, and to all applicable
Village, county, state, and federal laws.
B.
Permittees must have the permit in their possession at the time and
site of the event, as well as any other permits or documentation for
the event required by the Village or any other governmental agency.
C.
Permittees must confine their activities to the locations and times
specified on their permit. The Village Administrator may establish
specific guidelines for certain designated parks or park locations.
D.
Permittees are responsible for cleaning and restoring the site after
the event. The cost of any employee overtime incurred because of a
permittee's failure to clean and/or restore the site following
the event will be borne by the permittee.
E.
Permittees shall be held liable for any and all damages or injuries
to persons or property that may occur or be caused by the use of the
permit. By accepting a permit, permittees agree to indemnify and hold
harmless the Village of Tarrytown and its officers and employees from
any and all claims whatsoever that may result from such use.
F.
Permittees shall be responsible for the procurement of and payment
for any electrical energy used during the event. Permit applications
must indicate whether electrical energy is required for the event.
A.
It shall be a violation of these rules to advertise any special event
requiring a permit under this chapter via posting, print media, radio,
television, or the internet prior to obtaining a permit. There shall
be a rebuttable presumption that any person or organization whose
name, telephone number or other identifying information appears on
any advertisement and who has not obtained a permit has violated this
subsection by either (1) illegally advertising an event or (2) directing
or permitting a servant, agent, employee or other individual under
such person's or organization's control to engage in such
activity; provided, however, that such rebuttable presumption shall
not apply with respect to criminal prosecutions brought pursuant to
violations of this chapter.
