[HISTORY: Adopted by the Board of Trustees
of the Village of Mamaroneck 4-27-1998 by L.L. No. 3-1998, effective 5-1-1998. Amendments
noted where applicable.]
[Amended 11-13-2023 by L.L. No. 19-2023, effective 11-27-2023]
As used in this chapter, the following terms
shall have the meanings indicated:
A neighborhood block party, celebration, or other similar
event that takes place in a designated area within which the public
streets are closed, but not for a garage sale, yard sale, rummage
sale or other similar activity.
An organized gathering other than a block party that takes
place in a park or a certain area of a park, public street, or place.
A village street, highway or road.
[Amended 9-12-2023 by L.L. No. 15-2023, effective 9-21-2023]
A.
It is a violation of this chapter to organize or sponsor
a block party or special event without a permit from the Village Manager.
B.
The Village
Manager is authorized to issue a permit for the use of a park, or
a certain area of a park, a public street or other public place or
for the temporary blocking of a street for the purpose of holding
a special event or block party.
C.
An application
for a permit for a block party or special event must be filed with
the Village Manager at least 30 days in advance.
D.
An application
for a permit for a block party must be filed by a bona fide resident
of the street to be blocked.
E.
An applicant
for a permit for a block party or special event must be at least 18
years old. If alcohol will be served at the event, the applicant must
be at least 21 years old.
F.
The application
must contain the following information:
(1)
The
name and address of the applicant, the name and telephone number of
a contact person, and name and telephone number of a contact person
who will be on site for the duration of the event.
(2)
The
name of the street, streets, park or other public space and a description
of the portions to be blocked.
(3)
A description
of the specific party to be held.
(4)
The
date and the hours for which the permit is desired.
(5)
The
name and address of the person, persons, corporation or association
sponsoring the activity, if any.
(6)
An
estimate of the anticipated attendance.
(7)
The
anticipated charges or fees to persons attending, if any.
(8)
Any
other information which the Village Manager deems reasonably necessary
to make a fair determination as to whether a permit should be issued.
G.
The application may require such additional information
as the Village Board shall prescribe by resolution.
[Amended 9-12-2023 by L.L. No. 15-2023, effective 9-21-2023]
A.
The application shall be accompanied by a fee, if applicable, as set forth in Chapter A347, Fees.
B.
The Village Manager must grant the permit if the Village Manager
concludes that:
(1)
The proposed activity and use will not unduly interfere with the
flow of vehicular traffic;
(2)
The proposed activity and use will not unreasonably interfere with
or detract from the enjoyment of the park or the area by members of
the public not participating in the activity or use;
(3)
The proposed activity and use will not unreasonably interfere with
or detract from the promotion of public health, safety, welfare, and
recreation;
(4)
The proposed activity and use will not unreasonably restrict, obstruct,
interfere with or impede pedestrian right-of-way, a vehicle's
right-of-way, or ingress or egress from the requested or abutting
property; and
(5)
The proposed activities or uses that are reasonably anticipated will
not cause violence, crime, disorderly conduct, or a nuisance.
C.
The Village Manager is authorized to grant the permit subject to
reasonable requirements and conditions that must be satisfied by the
applicant, including payment of the cost of public safety coverage
and traffic control fees, and may revoke the permit if the requirements
and conditions are not satisfied.
D.
If the permit is denied, the Village Manager must advise the applicant,
in writing, of the reason for denial of the application and the Village
Clerk-Treasurer must refund the fee.
A permit issued pursuant to this chapter shall
be valid only for the date and the hours specified thereon, which
shall not be before 8:00 a.m. or after 11:00 p.m.
The applicant shall be responsible for removal
of litter, debris and other materials from the street or portion thereof
used for the party which is attributable to or caused by the party.
A street or portion thereof blocked off for
a party shall not be obstructed by obstacles which cannot be readily
moved to allow emergency and hazard vehicles to enter it in response
to an emergency.
No more than two permits shall be granted by
the Village Manager in any calendar year for the same block or blocks.
The persons, organization or association to
whom the permit is issued shall be liable for all losses, damages
or injuries sustained by any person, whether a participant or spectator
at the block party or recreational event, whether or not said losses,
damages or injuries arise by reason of the negligence of the person,
persons or organization to whom such permit shall have been issued.
The Village Manager shall require the applicant to enter into a hold-harmless
agreement, which agreement shall provide that the applicant shall
agree to save and hold the village harmless of and from any and all
obligations and liabilities which may arise from the temporary street
closing which represents the subject matter of the application. The
applicant shall further agree as part of these provisions to hold
harmless the village and to defend at his own cost and expense any
claims or lawsuits instituted by third parties, which obligations
or liabilities might otherwise exist or be asserted against the village.
The Village Manager shall further have the option to require that,
prior to the issuance of a permit or commencement of the temporary
street closing for commercial advertising purposes or profit, the
applicant submit evidence of liability insurance covering damages
to property and injuries to members of the general public arising
out of the temporary street closing in such amounts as may be determined
by the Village Manager.
[Amended 9-12-2023 by L.L. No. 15-2023, effective 9-21-2023]
Any person, firm or corporation that violates
any provision of this chapter is, upon conviction, subject to a penalty
of not more than $250, or imprisonment for a term not to exceed 15
days, or both. Each day's continued violation is a separate offense.
The appropriate authorities will diligently enforce the provisions
of this chapter and are authorized to eject from the park or area
any person or persons acting in violation of this chapter.
