[Added 11-8-1994 by L.L. No. 8-1994]
In order to ensure that the use of village-owned
and/or -operated streets, sidewalks and rights-of-way in the village
will be used to promote the health, safety and welfare of its citizens
and to further ensure that such use shall bear a reasonable relation
to the public good, the following provisions shall apply.
A.
For uses other than normal public use, certain nonmunicipal
uses may be authorized by special permit to be issued by the Village
Clerk after approval by the Village Board of Trustees. Such nonmunicipal
uses include sidewalk area sales and/or displays, musical and talent
events and the like.
B.
An application for such a nonmunicipal use permit
shall be made to the Village Clerk, in writing, no less than 45 days
prior to the date the nonmunicipal use event is scheduled to commence.
Such application shall contain the following information:
(1)
A description of the applicant by name, address and
telephone numbers, a statement of its purposes, a list of its membership
by name and address and a copy of its constitution, bylaws or other
governing document.
(2)
A description of the use applied for including the
date or dates of the use event and the areas of the village owned
and/or controlled by the village to be occupied for such use. The
application shall contain the estimate of the number of participants
and spectators anticipated to attend the event.
(3)
A detailed description of the rules, regulations and
restrictions which will apply to those organizations, businesses and/or
persons participating in the use, how the participants are selected
and the basis for rejecting or refusing participation.
(4)
Specifications of plans to protect the public and
use participants by way of vehicular and pedestrian traffic control
and the planned issuance of liability insurance to include the village
as a named insured, stating the name of the insuring company and the
amount of insurance for the protection against bodily injury and property
damage. The application shall contain the planned coordination necessarily
involving other governments and/or agencies.
(5)
All applications shall include applicant's tax identification
number.
The fee to be charged for such nonmunicipal
use permit shall be as set forth from time to time by resolution of
the Board of Trustees.
[Amended 10-24-2023 by L.L. No. 6-2023]
A.
The issuance or rejection of the application shall be in the sole
discretion of the Village Board of Trustees consistent with the purpose
and provisions of this article. The Board of Trustees shall attach
to any permit such conditions and restrictions as it deems necessary
or appropriate.
B.
Applications.
(1)
Subsequent applications for nonmunicipal special permits which have
been previously issued by the Board of Trustees, shall be referred
in the first instance to the Code Enforcement Office of the Village
of Pittsford.
(2)
As soon as administratively feasible upon receipt of such application,
the Code Enforcement Officer shall review the application and the
Village of Pittsford records regarding such special permit and determine
if there has been:
(3)
As soon as administratively feasible following receipt and review
of the application, the Code Enforcement Officer as required by the
preceding subparagraphs, shall apprise the Board of Trustees of:
(a)
The receipt of an application for a reissued special permit;
(b)
His determination regarding whether or not there has been a
material change in any condition relating in any way to such special
permit; and
(c)
Any complaints received by the Village Office with regard to
the previously issued special permit.
(4)
The Board of Trustees shall have the right to undertake the review
of any application requesting the reissuance of a previously issued
nonmunicipal special permit. The Board of Trustees shall have a period
of three business days from the date that the Code Enforcement Officer
advises them of the application for reissuance to evaluate such application.
In the event that a single member of the Board of Trustees requests
within the three-day period that the Board of Trustees undertake the
review of such application, the Code Enforcement Officer shall forward
to the Village Clerk the application and all material pertinent to
that application as revealed by the investigation of the Code Enforcement
Officer so that it can be placed on the agenda of the next scheduled
meeting of the Board of Trustees. The Board of Trustees shall have
jurisdiction to review and act on such permit in accordance with purpose
and provisions of this article.
(5)
In the event the Code Enforcement Officer determines that there has
been no material change in circumstances regarding such application
for the reissuance of a previously issued special permit, in the event
that there have been no complaints received by the Village of Pittsford
with regard to such previously issued special permit and in the event
that Board of Trustees has not assumed jurisdiction of the review
of such application pursuant to the preceding paragraph, then the
Code Enforcement Officer shall reissue such previously issued special
permit on the same conditions, if any, as previously imposed upon
it by the Board of Trustees.
(6)
In the event that there is material change in circumstances regarding
such previously issued special permit or in the event there has been
a complaint or complaints regarding such previously issued special
permit, then the Code Enforcement Officer shall take no additional
action regarding the application for the reissuance of such special
permit and such application shall be referred to the Board of Trustees
for disposition.
The applicant shall at all times maintain at
the village office a current roster of all participants whom the applicant
has approved and whom the applicant has disapproved to participate
in the nonmunicipal use event.
[Added 3-14-1995 by L.L. No. 1-1995]
A.
It shall be unlawful for any person, corporation or
other entity to use the village-owned and/or operated streets, sidewalks
and rights-of-way as herein provided without a nonmunicipal use permit.
B.
All persons, corporations or other entities other
than the applicant so using the village-owned and/or operated streets,
sidewalks and rights-of-way must have a written permit from the applicant.
[Added 3-14-1995 by L.L. No. 1-1995]
A.
Criminal penalty. Any person who violates any provision
of this article shall, upon conviction thereof, be subject to a fine
not to exceed $250 or to imprisonment for a term not to exceed 15
days, or both.
B.
Civil penalties; construal.
(1)
Obedience to the provisions set forth herein may be enforced by criminal information for the penalties herein prescribed, as well as by prosecution of the offender as provided in Subsection A of this section, or by civil action for a penalty or by civil remedy at law or equity by way of injunction or otherwise to abate or prevent a violation of the provisions of this article.
(2)
Neither a judgment in nor the pendency of a criminal
prosecution for an alleged violation of the provisions of this article
nor a judgment in or the pendency of a civil action of law or in equity
shall be a bar to the other form of proceeding.
(3)
The imposition of a penalty for a violation of this
article shall not excuse the violation or permit it to continue, and
the remedies herein provided for penalties and civil action to enjoin
or abate a violation shall be cumulative.
