[HISTORY: Adopted by the Town Board of the Town of Irondequoit 2-4-1997
by L.L. No. 1-1997; amended in its entirety 3-23-2004 by L.L. No. 3-2004.
Subsequent amendments noted where applicable.]
This chapter shall be known and may be cited as the "Special Events
Ordinance of the Town of Irondequoit," hereinafter referred to in the chapter
as "Special Events" or "Events."
A.
No person, organization or group shall conduct, exhibit
or cause to be conducted or exhibited any organized activity, including, but
not limited to, parades, road races, walks, festivals, shows, performances,
circuses, outdoor carnivals, medicine shows, acrobatic exhibitions, bazaars
or performances or any concession or refreshment stand in conjunction therewith
without a license as hereinafter provided. Determinations as to type of activity
shall be made by the Town Clerk, Town Attorney and the Town's insurance agent
B.
All Town-sponsored activities are exempt from the licensing
requirements of this chapter.
C.
Vendors contracted by the Town to vend at Town-sponsored
activities are required to comply with this chapter as it relates to insurance
requirements.
A.
Any person, organization or group desiring to procure
a license is herein required to file with the Town Board a written application
for such license upon the form provided by the town.
B.
Such application shall state:
(1)
The name and address of the applicant and the owner of the site. If a corporation, the state of incorporation and the names and addresses of all officers thereof shall be included. If an outside contractor or concessionaire is involved, all provisions for the installation, housing or residence of employees, take down of rides, concessions, exhibitions, lighting and pertinent devices, including all power sources and ancillary activity, shall be set forth, including the storage and parking of equipment and trucks. Furthermore, any outside contractor shall be required to submit the proper certificate of insurance, and said certificate shall be appended to the application, and said certificates shall meet all the requirements of Subsection D.
(2)
Provisions made for parking of motor vehicles of patrons
and of workers.
(3)
The scope and nature of advertising for the event sought
to be licensed,
(4)
The period of time for which the license is required,
including setup and take-down time. There will be no activity of any nature
whatsoever on the licensed site either of preparation and setup, operation
of the activity, nor take-down and cleanup time between the hours of 12:00
midnight and 8:00 a.m., under any circumstances.
(5)
The kind and character of the festival and the lighting,
sound and power sources to be used.
(6)
The place where the festival is to be conducted, with
an appropriate map or survey exhibiting all residential lots within 150 feet
of the festival site.
(7)
The route over which any equipment and/or materials are
to be transported to and from the place where the festival is to be conducted.
(8)
Such other information as may be required by the Town
Clerk or Town Board.
C.
Bond. The application shall be accompanied by a performance
bond determined by the Town Board and the Town Attorney to the Town of Irondequoit,
conditioned upon the strict compliance with the terms of the license, of this
chapter and of all laws of the State of New York. It shall indemnify the Town
against any damage or loss occasioned by reason of such showing, either directly
or indirectly. Said bond must be first approved as to form by the Town Attorney
before filing with the application.
B.
The following requirements must be met:
(1)
For all activities conducted by the Town and/or conducted
on Town grounds:
(a)
Insurance company(ies) providing coverage(s) must:
[1]
Carry a minimum "B+ VIII" rating from A.M. Best Co.;
[2]
A minimum of $1,000,000 combined single limit for bodily
injury and property damage liability, including products and completed operations
liability coverage, and automobile coverage (if applicable) is required; and
[3]
Be admitted to do business in the State of New York.
(b)
For applicants that are self-insured, proof must be shown
of adequate financial responsibility, subject to approval by the Town Clerk,
Town Attorney and the Town's insurance agent.
(2)
For all other activities requiring authorization by the
Town or requiring permits, the applicant must provide the following:
(a)
Insurance company(ies) providing coverage(s) must:
[1]
Evidence adequate insurance with a financially sound
insurance company;
[2]
A minimum of $1,000,000 combined single limit for bodily
injury and property damage liability, including products and completed operations
liability coverage, and automobile coverage (if applicable) is required.
[3]
Be admitted to do business in the State of New York.
(b)
For applicants that are self-insured, evidence of self-insurance
with adequate financial responsibility must be provided. Such evidence is
subject to approval by the Town Clerk, Town Attorney, and the Town's insurance
agent.
(3)
A minimum of 30 days' advance notice of cancellation
or nonrenewal must be given to the Town of Irondequoit, Town Clerk's Office,
1280 Titus Avenue, Rochester, New York 14617.
(4)
A certificate of insurance must be in the town's possession
a minimum of 30 days prior to the event or first use of Town facilities or
fields.
(5)
The following coverages are required:
(a)
Commercial general liability.
[1]
A minimum of $1,000,000 combined single limit for bodily
injury and property damage liability, including products and completed operations
liability coverage, arid automobile coverage (if applicable) is required.
[2]
Contractual liability must include coverage for the attached
indemnification agreement
[3]
The Town of Irondequoit shall be named as an additional
insured.
[4]
If any sports contests or physical activities are involved,
the certificate and policy must specifically state "The policy does not exclude
liability coverage for bodily injury to participants or athletic participants.”
(b)
Liquor law legal liability (when applicable). If there
is to be any involvement on the part of the licensee in the service of alcoholic
beverages, the certificate must include a minimum of $1,000,000 combined single
limit.
(6)
Any certificate of insurance must so state or be accompanied
by a statement from the agent verifying that:
(a)
The agent has the authority to bind coverage and issue
a certificate of insurance.
(b)
The commercial general liability insurance policy does
not exclude bodily injury liability coverage for injury to participants or
athletic participants.
(c)
The policy does cover the indemnification agreement with
the Town.
C.
Indemnification agreement. All applicants must sign the
indemnification agreement provided by the town.
The Town Board may refuse to issue a license when, in its judgment,
on the basis of findings made from the information provided in the application,
such issuance will result in a disturbance of the peace and good order of
the Town or constitute a nuisance. The Board shall take into particular consideration
the proximity of the licensed site to residential areas as well as the impact
of noise from the festival itself and its power sources as well as lighting
and advertising in addition to all of the matters set forth in the application.
A.
The license fee for any license issued under this chapter shall be set in accordance with § 1-18 and shall be paid to the Town Clerk upon the filing of the application.
B.
Each license issued pursuant to this chapter shall be
for a period of not more than 10 days. A licensee shall be issued but one
license hereunder per calendar year.
A.
The Town Clerk may, upon filing of the application, the
bond and other required data as herein provided and upon payment of the required
fee, authorize the issuance of the license for such festival upon such terms
and conditions as he or she deems appropriate. All licenses shall set forth
in bold print the following: "Noncompliance with any of the terms and conditions
herein shall result in the immediate suspension of the activity licensed."
B.
In the event that the license is refused or the event
is canceled, the entire fee paid shall be refunded except for $25 to cover
the administrative expenses of the Town in processing the application.
C.
Revocation. The Town Board shall have the right to order
the revocation of any license granted hereunder in accordance with Town Law
§ 137, as amended or changed, upon a finding of a violation of this
chapter or of the terms and conditions of the license as issued.
Any person, organization or group violating the provisions of this chapter and the license issued hereunder shall be guilty of a misdemeanor punishable as provided in § 1-16. In addition, any and all persons, organizations or groups who shall violate any provision of this chapter or who shall omit, neglect or refuse to do any act required by this chapter or the license issued hereunder shall, for each and every such violation and noncompliance, respectfully forfeit and pay a penalty of $300 in addition to the above. The application of the above penalty or penalties or the prosecution for violation of the provisions of this chapter shall not be held to prevent the enforcement of conditions prohibited by this chapter.
