[HISTORY Adopted by the Common Council of the City of Peekskill as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-7-1979 (Ch. 241, Art. I of the 1984 Code)]
[Amended 3-12-2012]
As used in this article, "Peekskill Riverfront Green" shall refer to the following: all that area of City-owned land, together with the improvements thereon, lying between the railroad and the Hudson River, bordered on the south by an area leased to the Peekskill Yacht Club by the City and on the north by the area owned by the City known as “Peekskill Landing.”
The following shall be prohibited at the Peekskill Riverfront Green:
A. 
Parking of any vehicle in other than designated parking areas and other than between painted lines for vehicle parking in such areas.
B. 
Driving a vehicle at a rate of speed in excess of 15 miles per hour.
C. 
Unless otherwise authorized by the Commissioner of Public Safety, parking or standing of any vehicle between the hours of 10:00 p.m. and 6:00 a.m. or parking or standing of any vehicle for longer than four hours, except vehicles parked in the area of the boat launching ramp, displaying boat launching permits, or in the commuter parking lot, displaying parking permits.
[Amended 6-24-1985; 4-14-1986]
D. 
The use of loudspeakers.
E. 
The use of radios, tape recorders or other audio devices, including car radios, in such a manner that such devices are audible at a distance of more than 25 feet from such device.
F. 
Working on or repairing any vehicle, excluding emergency repairs.
G. 
The breaking, throwing or smashing of glass or any glass container.
H. 
The launching of boats without a permit.
[Added 7-17-1989]
All other rules or ordinances pertaining to the use of parks in the City of Peekskill[1] shall apply to the Peekskill Riverfront Green to the extent consistent with this article.
[1]
Editor's Note: See Ch. 416, Parks.
The requirements of this article shall not apply to special events or group activities at the Peekskill Riverfront Green pursuant to a permit therefor issued by the City,[1] provided that such permit shall so indicate in writing.
[1]
Editor's Note: See Art. II of this chapter.
[Amended 5-14-2007 by L.L. No. 3-2007]
Any violation of the terms of this article shall be punishable by a fine of up to $50, except that a violation of § 449-2G of this article shall be punishable by a fine of up to $250 and/or by up to 15 days' imprisonment.
[Adopted 8-13-1979 (Ch. 241, Art. II of the 1984 Code)]
The purpose of this article shall be to regulate the use of the City of Peekskill Riverfront Green for the holding of special events and to institute a system of user charges relating to activities or periods of activity at the Riverfront Green which result in additional cost to the City.
It is found that large concentrations of people and special assemblages as well as regular evening users of the Riverfront Green require additional City personnel and services.
As used in this article, the following terms shall have the meanings indicated:
ADMISSION
A charge per person in attendance at a special event.
FOOD VENDOR
Any 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.
PARKING CHARGE
A fee per vehicle for parking at the Peekskill Riverfront Green, which shall not apply to users or permittees actually using the boat ramp.
PERMIT
An authorization issued by the City Clerk at the Peekskill Riverfront Green for which a fee or fees shall be charged in accordance with this article.
SPECIAL EVENT
Any organized activity for other than business and/or commercial purposes at the Riverfront Green, conducted by a sponsor and requiring reserved area and/or additional City personnel or services.
SPONSOR
Any person, corporation, partnership, association or other bona fide legal entity able to assume legal responsibility for a special event.
VENDOR
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.
[Amended 3-12-2012; 9-25-2017 by L.L. No. 2-2017]
A sponsor must apply to the Department of Recreation at least one month in advance of a proposed special event for a permit therefor. The Department of Recreation may issue a permit 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 City parks; that the proposed activity or special event shall be consistent with community standards of morals and decency; that the special event is not purely for business and/or commercial purposes and if the sponsor shall tender the fees as provided in the Consolidated Fee Schedule maintained in the office of the City Clerk.
No sponsor shall be granted a permit for more than a two-consecutive-day period, and no sponsor shall be granted a permit more than once during a calendar year.
[Amended 2-27-2017 by L.L. No. 1-2017; 9-25-2017 by L.L. No. 2-2017]
All fees shall be set forth in the Consolidated Fee Schedule maintained by the office of the City Clerk.
The fees computed pursuant to § 449-11A, B and C shall be payable in advance at the time of purchasing a permit. The portion of the fee provided for in § 449-11D shall be paid in advance on an estimated basis and the balance (or refund), if any, within seven days after the special event.
Any fee based upon 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.
Fees paid for permits issued hereunder shall be refundable in the event of cancellation because of weather or otherwise, in the discretion of the City, except to the extent of the City's actual expenditures and/or cost in connection with preparation for the special event, if any.
[Amended 3-12-2012]
A. 
The City Manager shall promulgate rules and regulations governing the uses authorized hereunder pursuant to and consistent with this article. 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 sponsor of any special event, prior to 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 as additional insured, and shall provide primary coverage for the City, its boards, commissions, officers, employees and volunteers:
(1) 
Public liability insurance coverage: $1,000,000 per occurrence and $2,000,000 aggregate for events to which the public is invited or expected to attend; and $500,000 for events to which the public is not invited or is not expected to attend at which 50 or more people are expected to be in attendance; and
(2) 
Such other insurance required to cover activities to take place at the special event, which activities are excluded from public liability insurance coverage: $2,000,000 per occurrence.
B. 
In addition, prior to issuance of a special event permit, the applicant shall be required to execute a defense and indemnity agreement protecting 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 and insurance shall be subject to the approval of the City Corporation Counsel.
[1]
Editor's Note: Former § 449-16, Parking charge, as amended, was repealed 2-27-2017 by L.L. No. 1-2017, and again on 9-25-2017 by L.L. No. 2-2017.
Any person conducting or participating in an event or activity subject to the terms of this article without a permit or contrary to the terms of this article shall be in violation of this article and subject to a fine of up to $100.