City of Hudson, NY
Columbia County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Hudson 8-20-2002 by L.L. No. 4-2002 (Ch. 78, Art. IV, of the 1973 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Drinking in public places — See Ch. 65, Art. I.
Garbage, rubbish and refuse — See Ch. 157.
Lewd and offensive behavior — See Ch. 188.
Yard and garage sales — See Ch. 318.
Streets and other public places in the City are from time to time temporarily closed and used as sites for art shows, ethnic festivals, neighborhood celebrations and other public events which are privately sponsored but open to the public. Events of this kind serve to improve the quality of life and economic well-being of the residents of the City. They may also result in large numbers of people congregating within the confines of the temporarily closed streets or public places, and the resulting crowd conditions create concerns for police and fire access and control and other concerns relating to the health, safety and welfare of the public and of persons and property in the area. It is therefore essential that a policy be established for governing these events which shall facilitate control over them by the sponsor and by City officials from departments involved with the event to safeguard persons and property.
The following words, when used in this chapter, shall have the meanings herein stated, unless a different meaning clearly appears from the context:
PARADES
An organized procession consisting of people, animals, or vehicles or a combination thereof using the public roadways, which does not comply with normal and usual traffic regulations.
[Added 6-17-2014 by L.L. No. 8-2014]
SPECIAL EVENT
A preplanned single event or series of events that, because of its nature, interest, location, promotion or any combination of similar influences, is expected to draw 50 or more people and/or vehicular traffic, sponsored by an individual or entity other than the City, proposed to be held on public property or on private property but affecting public property or requiring City support services, for the purpose(s) of entertainment, celebration, amusement, cultural recognition, arts and crafts displays and/or sales, amateur sports demonstration or competition, block parties, parades, races, or similar activities.
SPONSOR
The individual, group or individuals, corporation or other entity responsible for organizing the event.
SUPPORT SERVICES
Those services which can or must be provided by the City to ensure that a special event is conducted in such a manner as to protect the safety, health, property and general welfare of its citizens. Examples include crowd management and control, traffic management and control, and fire protection.
The City is responsible for determining whether to issue permits and licenses for special events and establishing guidelines for the safe and proper conduct of such special events. To fulfill these responsibilities the City must determine if a special event should be conducted and the terms and conditions under which an approved event may be conducted.
[Amended 6-17-2014 by L.L. No. 8-2014]
It is the sponsor's responsibility to make an application to conduct a special event or parade as provided in this chapter and to furnish any additional information that may be requested. It is the sponsor's responsibility to make any notifications specified in this chapter and to abide by all of the terms and conditions established as part of the approval process. It shall be the sponsor's responsibility to provide for the protection of the safety, health, property and general welfare of those attending and participating in the special event or parade as well as the adjacent properties.
A. 
Application. The sponsor must submit an application to the City Clerk at least 120 days prior to the event. The City Clerk shall check the application for completeness and forward a complete application to the Mayor or his designee for approval. The Mayor may meet with the sponsor to review the obligations of various City departments and the sponsor. The sponsor must supplement the application as new information is learned or obtained, including the addition of sponsors. The Mayor shall render his decision on a completed application no less than 20 days and no greater than 45 days after receipt of a completed application. All permit applications and applicable fees must be submitted 14 days prior to the start of the event, including those related to fireworks, concession stands and amusement rides. Application forms are to be obtained from and returned to the City Clerk. Exceptions to this application process may be made for good cause shown upon petition to the Mayor.
[Amended 6-17-2014 by L.L. No. 8-2014]
B. 
City costing process. The completed application shall be distributed by the City Clerk to the appropriate City departments and agencies, which will estimate the additional costs that would be incurred as a result of the event. This information may be used in establishing terms and conditions under which an event may be conducted when the use of police or other City personnel is appropriate, possible and not in conflict with any other administrative policies and procedures and/or labor agreements.
A. 
Review, general. The Mayor will review, approve or disapprove each proposed special event on its own merits. In reviewing a proposed special event, the Mayor will also review, evaluate and determine the costs of City support services required for the special event that will be charged to all sponsors unless the Mayor waives all or any portion of these costs if such a waiver is in the best interest of the City. The Mayor will consider various criteria and factors, including but not limited to:
(1) 
Does the City have the ability to provide the required support services regardless of who bears the cost?
(2) 
Does the proposed special event conflict with any other proposed special event or activity?
(3) 
Does the proposed special event unreasonably interfere with the rights of the neighbors?
B. 
Decision. The Mayor may either approve a proposed event as submitted, make unilateral modifications or make modifications in cooperation with the sponsor. The Mayor shall render his decision in writing with reasons for conditions or denial specified.
C. 
Appeals. An applicant for a special event may appeal the decision of the Mayor within 30 days to the full Common Council, which may recommend that it overturn the decision after a hearing. The decision of the Common Council will be final.
[Amended 6-17-2014 by L.L. No. 8-2014]
A. 
Notification prior to decision. If the parade or special event requires a street closure(s), the applicant must cause to be posted in the newspaper of record notice of such application within seven days of submitting an application for a special event or parade to the City Clerk. Said notice shall be published for two consecutive days and shall include:
(1) 
Date the application was submitted to the City Clerk and that the application can be inspected at the City Clerk's office;
(2) 
A description of the special event or parade;
(3) 
The name or title, date(s), time(s), and location(s) or route(s) of the special event or parade; and
(4) 
The name of the applicant.
B. 
Written public comments regarding the special event or parade application may be submitted to the Clerk within 10 days of the first publication of said notice.
[Amended 6-17-2014 by L.L. No. 8-2014]
A. 
Permits and licenses.
(1) 
Approval to conduct a special event or parade by this process does not relieve the sponsor or any participant, including but not limited to food stands, vendors, peddlers or exhibitors, from the responsibility of applying for any other permits or licenses or meeting any other requirements which may be applicable.
(2) 
Fireworks. All permit, licensing and safety requirements shall be observed. The discharge of personal fireworks is not allowed.
B. 
Insurance. All events must obtain a liability insurance policy in the amount of $1,000,000 for bodily injury, a minimum limit of $100,000 for property damage, and, in the case that alcohol will be sold at the special event or parade, a minimum limit of $3,000,000 for liability arising from the sale or consumption of alcohol, with the City named as an additional insured, or a larger amount in the discretion of the Mayor. This insurance shall satisfy all insurance requirements for the City for holding the special event. Additional insurance requirements of City departments shall be considered by the Mayor in formulating the amount of coverage required. The insurance policy shall be subject to the review and approval of the Corporation Counsel of the City.
C. 
Due date. All required permits, licenses, fees, security deposits and insurance policies must be obtained no more than 14 days prior to the date of the event, with a copy of each submitted to the City Clerk.
A. 
Daily time restriction. The hours of operation taking place within a public place shall be between the hours of 9:00 a.m. and 11:00 p.m. Monday through Friday, until 12:00 midnight Saturday, and between 1:00 p.m. and 10:00 p.m. on Sunday.
B. 
Inspections. Pre-event and post-event inspections will be performed by representatives of the sponsor and the Mayor.
C. 
Site maintenance. All areas used must be left in a clean condition. Any need for trash receptacles or trash removal must be negotiated and approved by the Department of Public Works. Cleanup must be completed by 12:00 noon on the day following the event. Events which utilize amusement rides are allowed until 4:00 p.m. on the day following the event.
D. 
Services available from the City. The City may provide certain equipment and materials to facilitate comfort and control over the event, subject to availability and the City's prior need for such equipment and materials. Exceptions from these services may be made for justifiable reasons upon petition to the Mayor.
(1) 
Temporary parking signs. All temporary signs for restricting parking must be posted 12 hours in advance and maintained by the sponsor. The actual time of the event shall be posted on these signs. Requests for the necessary signs should be itemized in the application for review by the Department of Public Works. Any usage of temporary signs without the authorization of the Department of Public Works will not be enforced.
(2) 
Barricades. Any need for barricades should be specified in the application for review by the Department of Public Works.
(3) 
Security. The amount and type of security will be determined by the Mayor upon review of the event application and the recommendations of the Police Department. Private security may be required of the sponsor.
(4) 
Emergency medical services. The sponsor must provide a designated emergency medical service area and emergency egress route as needed. The sponsor shall meet all guidelines imposed by the New York State Department of Health. If an event expects an estimated crowd of 5,000 or more, the sponsor must submit proof of contracted medical services.
(5) 
Utilities. The sponsor is responsible for payment for any utility use, with payment made directly to the affected department or utility provider.
(6) 
Restroom facilities. The Department of Public Works will determine reasonable guidelines for portable bathrooms. Financial responsibility for obtaining facilities rests with the sponsor.
(7) 
Banners and signage. Any banner to be hung over the streets of the City in relation to a special event must obtain approval of the Mayor and the Department of Public Works and therefore should be described in the application. All signage placed for the event should follow any and all requirements for signs allowable under applicable law. The sponsor shall be responsible for erecting and dismantling any signage or banners it is permitted to hang.
(8) 
Tents and temporary structures. The Mayor may set forth conditions for the erection, maintenance and dismantling of tents and temporary structures for the purpose of protecting the health, welfare and safety of the public and property in the area of the event. If the sponsor is permitted to erect a tent or other temporary structure, the sponsor is responsible for erecting the tent or other temporary structure and maintaining that tent or temporary structure. The sponsor is responsible for dismantling the tent or other temporary structure upon conclusion of the event, when the necessity for the tent or other temporary structure ceases or upon order of the City.
(9) 
Parades, motorcades and road races. Sponsors requesting to conduct a parade, motorcade or race must specify their route in their application for review by the Police Department. Escort services will be provided based on the availability of police officers on that particular day and the perceived needs of the parade, motorcade or road race. Fees for such services may be charged.
An application fee as prescribed by resolution of the Common Council will be charged. Other costs may be charged based on estimated costs to the City.
[Amended 6-17-2014 by L.L. No. 8-2014]
Applicants shall be required to post a cash deposit or bond with the City Clerk in the amount of $100 minimally and possibly more based on the size of the event and the anticipated cost to the City. The Mayor may waive this deposit with reasonable discretion. The cash deposit will be applied against any damage to streets or public property and any cleanup expenses incurred by the City as a result of the permitted event. The cash deposit will be returned to the applicant if the City finds that no damage has been committed or cleanup required. The unused portion of any cash deposit partially applied against damage caused by, or cleanup by, the permitted event shall be returned to the applicant.
Departments that participated in an approved special event shall submit to the Mayor and designated Council Committee any comments or suggestions for the future within two weeks after the event.
A. 
Fine. Special events shall not be held without the authorization of the Mayor nor held in contravention of the terms and conditions set forth by the Mayor (excluding reversions by the Common Council on appeal). Violation of this chapter may subject the sponsor to a fine of $500 per day.
B. 
Closing of unauthorized special events. The Commissioner of Police may close any special event conducted without authorization of the Mayor, and the sponsors and participants may be subject to arrest.
A. 
Events initiated by and/or sponsored or co-sponsored by the City are excluded from the provisions of this chapter.
B. 
Notwithstanding the exclusion of City events, any City event requiring significant support service assistance from any department or agency other than the sponsoring department shall be subject to application and costing procedures. The purpose of this provision is to assist all departments and agencies in overall resource and financial planning and processes.
[Added 6-17-2014 by L.L. No. 8-2014]
If it is found that the applicant misrepresents material submitted in the application, or fails to meet the notification obligations, or fails to comply with this chapter, or any combination thereof, then the Mayor may deny said application or revoke application approval and all fees paid to the City will be forfeit.
[Added 6-17-2014 by L.L. No. 8-2014]
The City Clerk shall post all confirmed and pending applications for special events and parades to the City's website. The City Clerk shall distinguish between pending applications and approved applications on the website. Approved special events and parades will remain on the City's website for at least 30 days following the completion of the event. The City Clerk will remove pending applications that have been denied within seven business days of their denial.