[HISTORY: Adopted by the Common Council of the City of Peekskill 5-22-2023 by L.L. No. 3-2023.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 486,
Special Events, adopted 8-23-2021 by L.L. No. 3-2021.
The purpose of this chapter shall be to regulate the use of
any public right-of-way, public street, public sidewalk, public highway,
public building, public walkway or other public place, other than
the City of Peekskill Riverfront Green and/or any parks within the
City, for the holding of special events and to institute a system
of use charges relating to activities or periods of activity on any
public place.
As used in this chapter, the following terms shall have the
meaning indicated:
A charge per person in attendance at a special event.
Any person(s) corporation, partnership, association or other
bona fide legal entity(ies) able to assume legal responsibility for
a special event.
An outdoor public event, organized by the residents of a
neighborhood or City block from intersection to intersection and held
upon a City right-of-way for social, entertainment or other purposes.
Any person operating a stand or display, whether portable
or stationary, selling food products for consumption at a special
event, but shall not include a duly authorized City concessionaire.
Any organized activity of 10 or more persons on any public
right-of-way, public street, public sidewalk, public highway and thoroughfares,
buildings owned or controlled by the City, public walkway or other
public place to which the general public is invited or expected to
attend. The term "special event," as used in this chapter, shall not
apply to permits for special events at the City of Peekskill Riverfront
Green or any City of Peekskill Parks.
Special events include, but are not limited to, festivals,
parades, block parties, rallies, protests, fairs, celebrations, ceremonies,
marches, processions, demonstrations, exhibitions, cultural events
and any other occurrence involving public gathering and/or attendance
of more than 10 persons, which is not otherwise considered a matter
of right under prevailing law such as to be exempt from governmental
regulation.
Any special event that occurs on more than one day, consecutive
or nonconsecutive.
Any booth, display or area at a special event where goods
or merchandise are offered for display, inspection or sale, or entertainment
is offered, excluding food or food products offered for sale and/or
consumption.
A.
No person or entity shall hold a special event without having first
obtained a special event permit from the City of Peekskill.
B.
Applications for special event permits must be submitted to the City
at least 30 days' prior to the date of the proposed special event.
The City Manager may waive such requirement and accept the filing
of an application after the deadline if the City Manager determines
that such late filing shall not have impaired the City's ability
to adequately review the application and to ensure that all arrangements
necessary to hold the event as intended will be met so as to safeguard
the protection of public health, safety and property are in accordance
with the criteria set forth in this chapter.
C.
Applications for a special event permit shall be made upon the forms
and in the manner prescribed by the City Manager or designee.
D.
Each special permit application shall be subject to the review and
approval of the Chief of Police, the Fire Chief, the Building Department,
the Department of Public Works, the Department of Parks & Recreation
and the Corporation Counsel. The City reserves the right to make any
additional requirements and/or recommendations for the public health
and safety of all attendees including, but not limited to, sufficient
toilet and sanitation facilities, emergency police, fire and medical
response access, safety and security, additional insurance indemnification,
hold harmless agreement and other provisions applicable to events
of based on the size and nature of the special event.
E.
The City shall have the right to prohibit any and all activity related
to any event from taking place upon or impacting any City property,
facility, equipment, personnel, street, sidewalk or other public property
owned or controlled by the City as to protect and safeguard public
health and safety and prevent damage or loss to public or adjacent
private property.
F.
A special event permit may be issued if it appears that there will
be no conflict with any other planned activity or special event in
accordance with rules for scheduling promulgated by the City Manager
applicable to special events; that the proposed activity or special
event shall be consistent with community standards of morals and decency;
and after the applicant/sponsor tenders the fees as provided in the
Consolidated Fee Schedule maintained in the Office of the City Clerk.
A.
Applications for special event series shall be presented to the Common
Council for review and approval at the discretion of the City Manager
and will only be approved in six-week increments, which may be extended
after that period so long as no other applicant has applied for those
dates.
B.
Applicants/sponsors of special event series must send a notice of
the proposed special event series to the properties located on the
street where the special event series is proposed to take place by
mailing the notice to the address of each property owner on file with
the City Assessor as well as to the physical address of each property.
Applicants/sponsors shall include proof of such mailing with the application,
which proof shall include either an affidavit of mailing and/or certified
mail receipts, or in such other manner as determined by the City Manager.
C.
Exceptions.
(1)
The City Manager, at his or her discretion, may approve special event
series in increments longer than six weeks where the applicant/sponsor
provides a petition with signatures of support from at least 2/3 of
the businesses on the street where the special event series is proposed
to take place.
(2)
Applications for special event series for farmers markets, flea markets
and car shows may be approved in annual increments greater than six
weeks, but not to exceed one year, at the discretion of the City Manager.
Applicants/sponsors for such special event series are not subject
to the notice requirements set forth herein.
A.
Applications for permits for block parties must include a petition
of support from at least 75% of residents of that block, including
the residents on each corner block. Each of these petitioners shall
execute an agreement holding the City harmless from any loss, injury
or damage arising out of the granting of the special event permit.
B.
In addition to the requirements set forth herein, applicants/sponsors
of block parties must notify 100% of the residents of the block of
the proposed block party via mailing to the property address, and
include proof of such mailing with the application. Proof of mailing
shall include an affidavit of mailing or certified mailing receipts.
C.
A block party permit shall be limited to one block. There shall be
no charge for admission, and no vending or amplified entertainment
shall be allowed at a block party.
A.
Any proposed event, other than a block party, that involves the closure
of a roadway within the City must receive approval from the Common
Council. The applicant/sponsor shall be responsible for all costs
associated with the City's blockade, setup/take-down and overtime.
A special event application must be submitted for any form of entertainment
that will take place on the closed street. If the proposed special
event and/or street closure is proposed to take place on a county
or state road, proof of road closure approval from the county or state
shall be submitted with the application for a special event permit.
B.
All food vendors must possess a valid permit from the Westchester County Department of Health to operate and shall obtain a food vendor license in accordance with Chapter 553 of the Peekskill City Code and shall comply with all provisions therein.
C.
In addition to satisfying all requirements as provided herein, all
applicants/sponsors shall fully comply with all other applicable laws,
rules, codes, regulations and permit conditions as may be applicable
and as may be overseen and enforced by any and all other governmental,
municipal or legal agencies as may have jurisdiction thereover. The
City shall be under no obligation to grant a permit and/or allow an
event to be held in circumstances that the City has reasonably reliable
knowledge indicating that any applicant/sponsor is not in compliance
with any law, code, rule or regulation administered or enforced by
any governmental agency applicable to the applicant/sponsor and/or
the special event. The City shall have the right to require the applicant
to provide proof of compliance with all such requirements, and should
the applicant/sponsor fail to provide same, the City may deny the
application.
Prior to the issuance of a special events permits, the City
Manager or designee, in his or her discretion, may reasonably require
applicants/sponsors to submit a safety plan prior designed to protect
the public health, safety and property before, during and after the
event. Such public safety plan shall be subject to the prior review
and approval of the Chief of Police, the Fire Chief, the Code Compliance
Supervisor, the Director of City Services and the City Manager, and
shall comply with the requirements of any and all such City and public
safety officials acting in their official capacities and employing
their professional judgment on the basis of their knowledge and experience,
and with the provisions of any and all applicable laws, codes, rules
and regulations. Such safety plan shall include provisions for adequate
and sufficient toilet and sanitation facilities, emergency medical
response, communications and command control, safety and security,
and other provisions applicable to events of such size and nature.
A.
Denial. The City shall deny applications for permits to hold special
events for any one or more of the following reasons:
(1)
The applicant has failed to complete and/or satisfy any of the requirements
of the application procedure or has failed to properly complete and/or
submit the application form.
(2)
The applicant has failed to pay the required fees and/or provide
the required insurance coverage or security or escrow account or deposit.
(3)
The applicant has a prior history of failing to comply with the terms,
conditions and requirements of applicable laws, codes, rules and regulations
in the holding of previous events or procedures applicable thereto.
(4)
The applicant has applied for permission to hold the event at such
time and/or place which is not available for any of the following
reasons and no other equivalent, suitable or sufficient place and/or
time is available to hold the proposed event:
(a)
The time and place has been granted to another applicant who
has filed a proper application prior to the subject application.
(b)
The safe and proper conduct and holding of the proposed event
will require the dedication and/or use of City personnel, property,
facilities or equipment at such time as same are not available by
reason of force majeure, including but not limited to extreme weather
conditions, fire, flood, public emergency, riot, labor unrest or other
matters or causes beyond the City's control.
(c)
The applicant has applied to hold the proposed event at a location
which is not a traditional public forum and it is not dedicated or
suitable for the proposed use or for events involving the exercise
of free speech or expression or other activities protected by the
First Amendment and/or if the proposed location would pose a danger
to public health and safety or a risk of damage or loss to public
or private property or to the use thereof during or subsequent to
the special event.
(d)
The granting of the application to hold or conduct the special
event in the time, place and/or manner described in the application
and the holding or conduct of same as so described would result in
a violation of one or more laws, code provisions, rules or regulations
or the civil rights of any individual under federal or state law,
including but not limited to those relating to buildings, electricity
and other forms of energy, fire prevention, sanitation, food and beverages,
toilet facilities, access to medical care, protection of property
rights, protection of fair business practices and economic competition,
public nuisances, noise, parking, intellectual property rights, occupancy,
disorderly conduct, emergency response, and those applicable to the
use of public parks and recreational facilities.
B.
In any case where a permit is denied under this section, the City
shall provide the applicant with a written explanation, and the applicant
shall be entitled to submit an amended application, in compliance
with the time frame set forth in this chapter, or a new application.
C.
Revocation.
(1)
The City Manager or designee may revoke a permit if the permit holder
fails to abide by the terms and conditions of the permit or upon a
finding of any violation of any applicable rule, ordinance, or local
law, upon notice to the permit holder as set forth herein.
(2)
Any permit for a special event issued pursuant to this chapter may
be summarily revoked by the City Manager or designee at any time when,
by reason of disaster, public calamity, riot or other emergency, the
City Manager or designee determines that the safety of the public
or property requires such revocation.
(3)
Notice of any action revoking a permit shall be delivered by electronic
mail and, as immediately practicable thereafter, by certified mail
to the email address(es) and mailing address(es) listed on the permit
application.
A.
In the case of inclement weather, the special event may be rescheduled
at the sole discretion of the City Manager.
B.
The City shall refund all fees of special events canceled as a result of inclement weather in accordance with § 486-10 herein.
C.
In the event that the special event is rescheduled due to inclement
weather, the City Manager or designee may require a new permit application
with new fees, as necessary.
A.
All fees shall be set forth in the Consolidated Fee Schedule maintained
by the Office of the City Clerk.
B.
In the case of cancellation of a special event due to inclement weather
or other reason, the applicant/sponsor shall notify the Parking Office
Manager or the City Manager's designee of cancellation, in writing,
as soon practical. The City shall refund all fees for cancellation
of a special event in which the City is notified of the cancellation
at least 24 hours prior to the scheduled start of the event. If the
City is notified less than 24 hours prior to the start of the event,
the City may retain fees for expenses it incurred relating to the
special event.
C.
In addition to any insurance coverage required herein, the City may
require all applicants/sponsors to provide a security deposit and/or
escrow account for each event in an amount to be determined by the
City Manager or designee according to the criteria set forth herein.
(1)
The number of persons projected to attend the special event.
(2)
The number of vendors, peddlers, booths, exhibits, rides, attractions,
features, entertainments and other aspects of the special event.
(3)
The size, dimensions and extent of the public properties, facilities
and space projected to be used and occupied by the event.
(4)
The number of City staff and the number and time of hours of work
required of the City to provide direct services and supervision in
support of the special event and all persons in attendance thereof.
(5)
The number, kind and value of any and all City equipment, materials,
vehicles and other properties owned or controlled by the City and
used by the City in connection with the special event, and the loss,
damage, depreciation and/or wear and tear reasonably likely to be
sustained by same.
(6)
The history, background, and nature of the applicant and/or sponsor
of the event, or the event itself, specifically with respect to its
longevity, budget, staff, history of compliance with City codes and
regulations, local presence and contacts with the City community,
and other factors relevant to the responsibility and accountability
of same, but not with respect to any political platform, opinion or
posture of same, and not in such manner as may be discriminatory or
arbitrary as may be prohibited by law.
(7)
The extent to which the applicant and/or sponsor will require special
arrangements for such event with respect to utilities, energy, lighting,
vehicles, parking, connections, wiring, platforms, sound and amplification
equipment, and other materials, equipment and/or personnel.
(8)
Whether or not any animals will be involved in any aspect of the
special event, and if so, the number, kind and characteristics of
same and their role in the event and the number, qualifications and
experience of those charged with the control and supervision of same.
(9)
Any characteristic, component, portion or element of the event which
may be reasonably considered to be inherently dangerous.
The fees computed pursuant to § 486-10 shall be payable at the time of applying for a special event permit, excluding any overtime fees. Overtime fees shall be paid prior to the issuance of the permit.
Any fees based upon the estimated total number of admissions
shall be subject to adjustment based upon actual admissions, as to
which the sponsor shall be required to maintain an accurate count
in a manner satisfactory to the City and, with respect thereto, the
City shall reserve the right to audit the receipts, books and records
of the sponsor with respect to the special event for a period of one
year after the special event.
A.
The City Manager shall promulgate rules and regulations governing
the uses authorized hereunder pursuant to and consistent with this chapter.
Said rules and regulations and the terms thereof shall be incorporated
into any permit issued pursuant hereto. Said rules and regulations
shall include a provision that the applicant/sponsor of any special
event, prior to the issuance of a permit therefor, shall be required
to post an insurance endorsement for liability insurance from an A.M.
Best-rated "secured" New York State-admitted insurer. The insurance
shall be primary and noncontributory, in the following minimum coverage
amounts, naming the City of Peekskill as an additional insured, and
shall provide primary coverage for the City, its boards, commissions,
officers, employees, agents and volunteers:
(1)
General liability insurance with limits of liability of at least
$1,000,000 for each occurrence and $2,000,000 aggregate that lists
the specific event site or location address.
B.
In addition, prior to issuance of a special event permit, the applicant
shall be required to execute a defense and indemnity agreement and
a hold harmless agreement, which protect the City from any and all
claims, actions, proceedings, and lawsuits arising out of the special
event. The applicant shall also indemnify the City for any applicable
deductibles.
C.
The foregoing agreement, insurance, and coverages shall be subject
to the approval of the City Corporation Counsel.
The granting of permission by the City and/or the use of City-owned
or publicly owned property or facilities by any person or group or
organization shall in no way be considered an endorsement or any expression
of support, of disagreement or of any position or opinion of the City
whatsoever with respect to the activities, policies, opinions, positions,
precepts or other aspects of the persons or groups organizing, sponsoring
holding or participating in such event or use, and no person associated
in any way with the event is authorized to or shall make any public
statements or representations concerning the City of Peekskill concerning
same.
Any person or entity guilty of violating any provision of this
chapter, including the rules promulgated by the City Manager, shall
be subject to a penalty consisting of a minimum fine of $250 for each
offense, and shall be grounds for denial of the issuance of a special
event permit in the future.
If any clause, sentence, paragraph, section or part of this
chapter is found to be invalid, such finding shall not affect, impair
or invalidate the remainder thereof, but shall be confined in its
operation to the clause, sentence, paragraph, section or part thereof.
