[HISTORY: Adopted by the Board of Trustees of the Village of Scarsdale 9-27-1988 by L.L. No. 6-1988. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- PHYSICAL DISPLAY
- The plain and common meaning of those words.
- PRIVATE PARTY
- Any person, corporation, partnership, firm or other entity, except the Village of Scarsdale and its various boards, councils, commissions, committees, departments and agencies.
- PUBLIC PARK PROPERTY
- Parks which have been dedicated by resolution or local law of the Village Board as "public park property."
Physical displays may be placed by private parties on public park property only. Such placements shall be under the following terms and conditions:
Designated display areas; commercial advertisement; application.
Chase Park and Boniface Circle shall be the designated display areas. An alternate site to these display areas may be approved by the Village Board when it has determined in consultation with police, fire and building officials that those display areas are not the best location in the interests of public health and/or because the physical display would interfere with the primary uses of these parks and/or because of traffic and safety hazards to motorists and people using these parks.
No physical displays containing commercial advertisement will be permitted.
Any private party wishing to place a display in a permitted location shall submit an application to the Village Manager. Such application shall include a description of the display, an accompanying sketch or plan with sufficient detail. The plans shall clearly indicate the method for anchoring the display to the ground. The application shall be submitted at least 60 days prior to the first date the applicant is requesting to place the display on public park property.
Upon receipt of the application, the Village Manager shall forward a copy to the Police Chief, Fire Chief and the Building Inspector to determine the structural soundness of the proposed display and determine if such display is free from hazardous conditions.
If the Police Chief, Fire Chief and/or Building Inspector (hereinafter "village personnel") require further information to make their determination, then they shall request the necessary information from the applicant. The applicant shall supply all requested information within five days of the request.
Within 15 days of receipt of all necessary information, village personnel shall advise the Village Board whether the proposed display, as described herein, appears to be structurally sound and free from any hazardous conditions. If the Village Board concludes that the display is not structurally sound and free from any hazardous conditions or if insufficient information has been submitted, no permit shall be issued.
If it has been determined by the Village Board that the proposed display is permissible under the above requirements, a permit will be issued upon the filing by the applicant of any agreement to defend, indemnify and hold the village harmless in connection with the display, in a form to be approved by the Village Attorney, and proof of insurance protecting the Village of Scarsdale in an amount to be determined in each case by the Village Manager after consultation with the Village Risk Manager. Such insurance shall be evidenced by a certificate of insurance, which shall be submitted to the Village Attorney for approval as to form and correctness.
Each display shall be accompanied by a sign placed within four feet of such display and measuring 14 inches by 24 inches. Such sign should state in black letters, one inch high, on white background substantials as follows:
Any utility cost resulting from the display shall be paid for by the applicant.
Each display shall be erected in accordance with the description submitted to the Village Manager as described above. No display shall be more than seven feet high nor more than 12 feet long and measure more than 280 cubic feet. No banner shall be more than six feet high and 23 feet wide.
No display shall remain in place for more than two weeks, and the applicant shall remove the display and restore the property to the condition the property was in prior to the display's erection.
Any person, firm, corporation or other entity who knowingly violates this chapter shall be subject to a fine of up to $250 per violation. Each day of violation hereof shall be deemed a separate violation.