[HISTORY: Adopted by the Town Board of the Town of Ossining 5-22-2021 by L.L. No. 6-2021. 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 Town 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 Town Board establishes procedures whereby the
Town can be informed in advance of special events and be assured that
such special events, if appropriate under the Town Code and the Constitution
of the State of New York, can be accommodated without unduly burdening
the community or the resources of the Town of Ossining.
As used in this chapter, the following terms shall have the
meanings indicated:
A celebration or event confined to a residential street,
but shall not include a garage sale, yard sale, bazaar, rummage sale
or other similar activity having the principal purpose of fund-raising
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.
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 principal purpose of which is the expression, dissemination or
communication of opinions, views, or ideas and for which no fee or
donation is required as a condition of participation in such assembly.
It includes, by way of illustration and without limitation, press
conferences, speeches, protests and demonstrations.
There are three event levels:
Event Level 1: anticipated attendance of participants, staff,
volunteers and others not to exceed a total of 299 over the course
of the entire event;
Event Level 2: anticipated attendance of participants, staff,
volunteers, and others between a total of 300 and 499 over the course
of the entire event; and
Event Level 3: anticipated attendance of participants, staff,
volunteers and others exceeds 500 over the course of the entire event.
The event level will be determined by the Superintendent of Recreation and Parks or designee in consultation, where necessary, with other Town and/or Village departments after assessing the degree of municipal support services required for the event as provided in § 166-7.
Property that is owned, operated, maintained, and/or controlled
by the Town. Examples of public property include, but are not limited
to, parking lots, plazas, public spaces, streets, sidewalks, parks
and water.
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
may obstruct, delay, or interfere with the normal flow of pedestrian
or vehicular traffic or may not comply with traffic laws or controls.
Any gathering, demonstration, performance, exhibition, amusement
or activity that is conducted or sponsored by a person, organization,
entity or association other than the Town of Ossining, proposed to
be held on public property or on private property, either affecting
public property or requiring Town support services. Special events
do not include events held at legally operating restaurants or catering
or event venues. Examples of special events include, but are not limited
to, carnivals, circuses, fairs, bazaars, outdoor shows and concerts,
block parties not on dead-end streets, parades, religious processions,
walks, runs, marathons, group swims or plunges, bicycle races, which
may involve one or more of the following:
The closing of a public street.
The use, blocking or restriction of municipal property, roads,
or rights-of-way.
The use of amplified sound exceeding the standards set forth in Chapter 130 (Noise) of the Town 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.
If the event will take place in a Town park during hours not permitted for park operation under Chapter 138 of the Town Code.
The use of municipal support services that would otherwise not
be necessary in the absence of such an event.
An individual, group of individuals, corporation, or other
entity responsible for organizing the special event.
Refers to the Superintendent of the Village of Ossining Department
of Recreation and Parks or his/her designee, which also serves as
the Town Department of Recreation and Parks pursuant to an intermunicipal
agreement.
Those services which can or must be provided by the Town
to ensure that a special event is conducted in such a manner as to
protect the safety, health, property and general welfare of Town and/or
Village of Ossining residents and property owners. Examples include
fire protection, crowd management and control, traffic management
and control, and sanitation services.
Any person or organization desiring to conduct or sponsor a
special event in the Town or on Town-owned property shall obtain a
special event permit in accordance with the procedure of this chapter.
Special event permits are not required for the following:
A.
Funeral processions in motor vehicles from a funeral home, place
of worship or other location where a funeral service is held to a
cemetery, crematorium or other location of the deceased's final
resting place.
B.
Regular sporting events held at facilities which are approved or
authorized for such purposes.
C.
A student assemblage at any school chartered by New York State.
D.
A gathering for the purpose of expressive activity, provided that
if the gathering is expected to be attended by 50 persons or more,
the sponsors provide the Town Supervisor with written notice at least
48 hours in advance of the gathering, and 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.
E.
Events sponsored in whole or in part by the Town.
F.
Gatherings for religious purposes held at facilities which are approved
or authorized for such purposes.
G.
A wedding, birthday party, family reunion, graduation party, religious
observances or a similar gathering limited to the invited guests held
on private property with the consent of the property owner.
H.
Block parties on dead-end streets. Applications for block parties
on dead-end streets shall be submitted to the Superintendent of Recreation
and Parks for approval and, where necessary, for review by appropriate
Town/Village departments. The organizer of the block party shall notify
all property owners/residents of the street(s) to be shut down and
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 p.m. Sunday through Thursday
and 10:00 p.m. on Friday and Saturday. The applicant(s) for the block
party shall agree, in writing, to hold the Town 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.
A.
Time for submission. The special event permit application form shall
be submitted to the Superintendent of Recreation and Parks no later
than 75 days before the scheduled event. Application forms that are
untimely submitted are subject to denial by the Superintendent; provided,
however, the Superintendent shall make every effort to process special
event permit applications where the applicant could not reasonably
comply with the seventy-five-day requirement, including where the
event had not been scheduled 75 days in advance.
B.
Application form. The special event application form shall be available
through the Village Department of Recreation and Parks web page. The
Superintendent may require additional documentation or information
from the applicant.
C.
Application fee. Application fees for special event permits shall
be as established and amended from time to time by resolution of the
Town Board and shall be published in the then-current Town fee schedule.
Application fees are nonrefundable.
D.
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, including but not limited
to from Westchester County Department of Health.
E.
Following receipt of the complete application, the Superintendent
shall notify the sponsor, in writing, if the date(s) and location(s)
for the special event are available (if being conducted on Town property)
and that the application is being processed in accordance with this
chapter. The Superintendent shall inform the sponsor that while a
decision has not yet been made on the application, the sponsor may
begin to advertise the special event but does so at their own risk
should the special event permit be denied in accordance with this
chapter.
A.
Insurance.
(1)
All sponsors of special events must obtain general liability and
automobile coverage both per occurrence and in the aggregate in amounts
determined to be reasonable and necessary by the Town's insurance
agent and Town Counsel. The Town of Ossining shall be named as additional
insured under the general liability and automobile liability policies.
The insurance shall be on a primary and noncontributory basis with
a waiver of subrogation. The general liability insurance shall include
endorsements extending coverage to all structures constructed and/or
brought to the special event, including but not limited to stages,
tents, portable restroom facilities, dumpsters and generators. If
alcohol is to be sold and/or charged for, additional liquor law liability
coverage of $1,000,000 shall be obtained with a certificate of insurance
naming the Town of Ossining as additional insured. If alcohol is being
served but not sold, additional host liability coverage of $1,000,000
shall be obtained with a certificate of insurance naming the Town
of Ossining as an additional insured. Also, proof of statutory workers'
compensation and disability insurance coverage shall be provided for
all employees, other than Town employees, participating in the event,
where applicable.
(2)
The aforementioned insurance policies shall not be cancellable without
at least 30 days' prior written notice to the Town, such notice
to be provided to the Superintendent and the Town Supervisor. All
certificates of insurance along with associated insurance policies
shall be provided to the Town Supervisor no later than 15 days prior
to the scheduled event.
(3)
In addition to the aforementioned insurance requirements, should
the event require the construction and/or installation of structures,
including portable restrooms, dumpsters for trash, tents and/or temporary
structures, the sponsor shall provide certificates of insurance from
the entities supplying the portable restrooms, dumpsters, tents, generators
and/or temporary structures showing general liability and, where applicable,
automobile liability.
B.
Indemnification and hold harmless. The sponsor shall submit a fully
executed hold harmless agreement, by which the sponsor shall indemnify
and save harmless the Town, its agents, contractors and employees,
including elected and appointed officials, from and against all claims,
damages, loss and expense (including but not limited to attorneys'
fees) arising out of or resulting from the special event, and/or from
any act or omission of the sponsor, the sponsor's employees,
agents, subcontractors and event participants. The signed hold harmless
agreement shall be provided no later than 15 days prior to the scheduled
event.
C.
No later than 15 days prior to the scheduled special event, the sponsor
shall provide the Superintendent with a list of all participating
food vendors with contact information; a description of methods to
be used for cooking and disposal of grease, etc., where applicable;
proof that the food vendors possess the required license from the
Westchester County Health Department; and a sketch plan of all vendor
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.
D.
Security deposit. The Superintendent and/or the Town Board, as applicable,
shall require the sponsor to provide a security deposit in an amount
to be determined for cleanup expenses and for compliance with permit
conditions. The security deposit shall be provided to the Town by
the sponsor no later than 15 days prior to the scheduled special event.
If the sponsor fails to honor the permit conditions or to adequately
clean up the property after the event, the Town may use such portion
of the security deposit as is required.
E.
Notice to property owners. The sponsor shall 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
no later than 15 days prior to the special event 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
no later than 10 days prior to the scheduled special event.
F.
All banner permit applications for the special event shall be submitted
at least 30 days prior to the special event to the Superintendent.
Banner applications submitted fewer than 30 days prior to the special
event will not be accepted. Banner display dates and locations will
be granted on a first-come-first-served basis.
A.
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.
If the application is found to be incomplete, the Superintendent shall
notify the sponsor that the application is incomplete.
B.
Upon receipt of a complete application, the Superintendent shall
determine the event level of the proposed special event in consultation
with other Town/Village departments where necessary.
(1)
For Event Level 1, if support services, if any, will only be required from the Department of Recreation and Parks, or Town Parks, the Superintendent may grant the permit upon payment by the applicant of all fees and the sponsor providing the materials required by § 166-6.
(2)
For Event Levels 2 and 3 and for those proposed special events under Event Level 1 where support services from other Town and/or Village departments will be needed or where the Superintendent concludes that the application should be denied, the Superintendent shall promptly forward the completed application to the appropriate Town/Village departments for their review, comment and recommendation on whether to approve the application, and if so, subject to what reasonable terms and conditions. The Town/Village departments/individuals the application is referred to shall include, but not be limited to, the Parks Department, Police Department, Building Department, Fire Department, Ossining Volunteer Ambulance Corp., Highway Department, the Town Engineer, Town Counsel and the Town's consulting planner. If all of the departments/individuals recommend approving the application and/or approving the application subject to reasonable terms and conditions that the Superintendent reasonably believes can be implemented as part of the permit, the Superintendent may grant the permit subject to those reasonable terms and conditions. However, if any of the departments/individuals recommend denying the application and/or approving the application subject to terms and conditions that the Superintendent does not believe are reasonable or can be reasonably implemented as part of the permit, the application and all department responses shall be referred to the Town Board in accordance with § 166-8.
A.
In the event the application is referred to the Town Board pursuant to § 166-7B, the Town Board shall consider, among other things, the recommendations of the various Town/Village departments/individuals to which the application was referred, the number of anticipated attendees, required Town/Village support services, the Town's ability to provide such services and potential beneficial and/or adverse impacts to the community from the event. The Town Board shall consider the application at a public meeting and shall act on the application by vote of a majority of the members of the Board.
B.
Authority of the Town Board. The Town Board may:
(1)
Approve or disapprove an application as submitted. If the application
is disapproved, the Town Board 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.
C.
The Town Board may deny a special event permit based upon a finding
that the special event as proposed, or upon the implementation of
reasonable terms and conditions, will be a detriment or hazard to
the health, safety, property and/or general welfare of the public,
which determination may be made based upon any of the following factors,
which list is not exclusive and intended to be illustrative:
(1)
There are inadequate municipal resources available to protect the
health, safety, property and general welfare of the nearby residents
and property owners or the safety of participants and/or attendees
at the event;
(2)
The special event or event sponsor has been the subject of a violation
or has had any objective, significant adverse impacts on the surrounding
properties within the last two years;
(3)
The special event does not provide for sufficient services or facilities
for the anticipated attendees;
(4)
A high probability that the special event will endanger public safety
or result in significant property damage;
(5)
The Town does not have resources available to devote to the special
event because a prior application for another special event on the
same date has submitted a complete application and/or received a special
event permit; and/or
(6)
A complete application has already been submitted and/or approved
for another special event in close proximity to the proposed special
event such that the two special events together would be a detriment
or hazard to the health, safety, property and/or general welfare of
the public.
A.
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, alcohol or food. For special event permits granted by the Superintendent,
the Superintendent shall review the proposed amendment or modification
and shall have the discretion to rescind, modify or take no action
with respect to the permit due to changed conditions. For special
event permits granted by the Town Board, the Town Supervisor shall
review the proposed amendment or modification and upon consultation
with staff shall have the discretion to rescind, modify or take no
action with respect to the permit due to changed conditions.
B.
If, after the special event permit has been issued, the Town learns
that any of the representations and/or statements contained in the
application, including requested documents, were materially false,
the Town Supervisor or their designee may rescind or modify such permit.
C.
If at the time of the scheduled special event it is determined that
any of the permit conditions are not being complied with, the Town
Supervisor or their designee may terminate or suspend the event until
such conditions are satisfied. Town staff may take all necessary actions
to effectuate the Town Supervisor's determination.
D.
In addition to the authority to suspend or terminate a special event pursuant to § 166-9C, the Town Supervisor or their 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 nearby residents and property owners or the safety of participants and/or attendees at the special event.
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 Town 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 Town 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 Town 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
Town, including Town 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.
