A.
Applications for such permit shall be made to the Commissioner of
Accounts on the forms provided by the Commissioner.
B.
Weekly, monthly or yearly permits for recurring special events may
be applied for and granted by the Commissioner of Accounts. Such application
shall include a schedule for each day of the special event, together
with any other information the Commissioner of Accounts may deem necessary.
All such permits shall expire at the end of the calendar year in which
they are granted.
C.
Filing period. An application for a special event shall be filed
with the Commissioner of Accounts not fewer than 60 business days
before the date on which it is proposed to conduct such special event.
However, if the special event is a parade, or a walking, running or
biking race, the application shall be filed not fewer than 90 days
before the date on which it is proposed to conduct such special event
in order to obtain the necessary approval from state and local highway
authorities.
[Amended 12-20-2016]
D.
For any event that will attract 5,000 or more persons, the applicant
must also obtain a permit from the NYS Department of Health and include
it with the application. A safety plan, as required by the Department
of State must also be included with the application.
[Amended 7-5-2022]
Fees under this chapter shall be established from time to time
by resolution of the City Council. The establishment of a permit fee
or fees by resolution under this section shall not be construed so
as to limit the authority of the City Council to charge for additional
costs for municipal services or resources reasonably necessary to
ensure public safety or other public benefit during a permitted event.
The Accounts Department shall issue the invoice for said fees at the
time of permit issuance. Payment is due no later than 30 days after
the event date.
The Commissioner of Public Works shall have the authority, in
situations where it is determined that the proposed special event
is of such magnitude or character that it will generate an excessive
or extraordinary amount of debris upon the public ways, to require
an agreement from the applicant stating that the applicant shall be
responsible for the costs of cleanup of the public ways after the
special event. The Commissioner may enter into any agreement with
the applicant as may be necessary for this purpose.
The applicant shall provide proof of insurance to the Commissioner
of Accounts as follows:
A.
Proof of commercial general liability insurance, including completed
products and operations and personal injury liability insurance in
the amount of $1,000,000 per occurrence and $2,000,000 aggregate.
The City shall be included as an additional insured on said insurance.
B.
In the event a motorized vehicle shall be utilized in the permitted
event, commercial automobile liability in the combined single limit
of $1,000,000 shall be required for all non-owed, hired and/or owned
vehicles. The City shall be included as an additional insured on said
insurance.
C.
Proof of statutory workers' compensation and employer's liability
insurance for all employees participating in the event.
D.
A fully executed hold harmless agreement, in a form satisfactory
to the City, by which the applicant shall indemnify and save harmless
the City and its agents and employees from and against all claims,
damages, loss and expense (including but not limited to attorney's
fees) arising out of or resulting from the licensed activity, sustained
by any person or persons, provided that any such claims, damage, loss
or expense is attributable to bodily injury, sickness, disease or
death, or to injury to or destruction of property caused by the tortious
or negligent act or omission of the applicant, or the applicant's
employees, agents, or subcontractors.
If the Commissioner of Accounts finds that all applicable provisions
of this chapter have been complied with or will be complied with by
the applicant, a permit may be issued to hold a special event conditional
upon such reasonable limitations and requirements as may be deemed
necessary for the protection of the public health, safety and welfare.
Nothing in this chapter shall be construed as granting the Commissioner
of Accounts any power to confer rights upon permit holders to do any
act or conduct any business or activity in contravention of any zoning
ordinance or regulation in effect in the City of Saratoga Springs.
It shall be the responsibility of the permit holder to determine if
the activity complies with the applicable zoning laws.
The Commissioner of Accounts shall issue a permit as provided
for hereunder when, from a consideration of the application and from
such other information as may otherwise be obtained, it is found that:
A.
The conduct of the special event will not substantially interrupt
the safe and orderly movement of other traffic contiguous to its route.
B.
The conduct of the special event will not require the diversion of
so great a number of police officers of the City to properly manage
the line of movement and the areas contiguous thereto as to prevent
normal police protection to the rest of the City.
C.
The conduct of such special event will not require the diversion
of so great a number of emergency services as to prevent normal emergency
service to portions of the City other than that occupied by the proposed
line of march and areas contiguous thereto.
The City shall be empowered to change the date/time of the special
event should such a change be in the best interest of the City. If
the applicant refuses to accept such changes and chooses to cancel
the special event, all fees paid by the applicant shall be refunded.
[Amended 7-5-2022]
Immediately upon the application for a special event permit,
the Commissioner of Accounts shall send a copy of the special event
application to the City Council and their designated representatives.
Each special event permit shall state the following information:
A.
The starting time and ending time.
B.
Location of the special event and the portions of the streets to
be traversed that may be occupied by the special event.
C.
The name of the responsible party and telephone number.
D.
Such other information as the Commissioner of Accounts shall find
necessary to the enforcement of this chapter.
A.
The permit holder hereunder shall comply with all permit directions
and conditions and with all applicable laws and ordinances.
B.
Possession of permit. The special event chairperson or the person
heading or leading such activity shall carry the special permit upon
his/her person during the conduct of such special event.
The Commissioner of Accounts may revoke any permit for violation
of any of the provisions of this chapter. Notice of such revocation
and the reason or reasons therefor shall be served upon the person
named in the permit application or by mailing the same to the address
given on the permit application.
