[HISTORY: Adopted by the Town Board of the
Town of Blooming Grove 2-26-2007 by L.L. No. 3-2007. Amendments noted where
applicable.]
[Amended 3-10-2008 by L.L. No. 1-2008]
Any person or group seeking to hold or conduct an outdoors field day, sporting event, carnival, picnic, concert, address, rally, assembly, or other gathering at a Town park and at which more than 18 persons are expected to attend must first obtain a permit approved by the Town Board. Any person or group seeking to use any other Town-owned property, regardless of the number of persons expected to attend, must first obtain a permit approved by the Town Board. A permit may be granted only to a nonprofit group or person who seeks to use Town property or facilities for a legal use and for a nonprofit or community purpose. The Town Board shall grant such permit, unless the Board determines that there exists any one or more of the grounds set forth in § 221-10 below. A group or person must apply for a permit at least 15 days prior to the planned use of Town property or facilities. An applicant who seeks to use Town property or facilities for a First Amendment purpose must apply at least five days prior to the planned use of property or facilities. However, if the applicant demonstrates that a shorter time period for decision is necessary due to the time-sensitive nature of the intended use or event, then the Town Board shall hold a special meeting in order to act on the application.
All Town property and facilities shall be accepted
by all users in an as-is condition. The Town specifically denies and
excludes any representations or warranties of any kind, express or
implied, regarding the use of Town property and facilities. Use of
such property and facilities by permittees, participants, spectators,
invitees and any others constitutes an assumption of risk by all such
persons and acceptance of the terms of this chapter.
[Amended 3-10-2008 by L.L. No. 1-2008]
The applicant and any and all other persons
using Town property or facilities pursuant to this chapter are deemed
to agree to and shall indemnify and hold harmless the Town of Blooming
Grove from any and all claim, injury, damage, liability, expense and
cost whatsoever (together "claim") arising from such use. Notwithstanding
the above, an applicant using Town property or facilities for a First
Amendment purpose is deemed to agree to and shall indemnify the Town
from any and all claim caused directly by such applicant or the applicant's
group. In addition, any person using Town property or facilities for
a First Amendment purpose is deemed to agree to and shall indemnify
the Town from any and all claim caused directly by such person. Any
person injured or whose property is damaged shall seek recovery from
the liability insurance, if any, provided pursuant to this chapter
or to his or her own insurance or resources, and not from the Town.
An applicant who is indigent and seeks to use Town property outside
of a building for a First Amendment purpose shall not be deemed, by
this section, to have agreed to indemnify the Town.
[Amended 3-10-2008 by L.L. No. 1-2008]
The applicant shall be responsible to, and shall,
repair any damage to Town property or facilities caused by the applicant
or applicant's group. The applicant shall be responsible to, and shall,
clean the property and facilities after each use. The applicant shall
submit to the Town Clerk a cash deposit to secure or defray the cost
of repairing damage and cleaning. The deposit shall be in an amount
set forth by resolution of the Town Board, which amount may be amended
from time to time. If there is no damage and the property and facilities
are properly cleaned after use, the deposit shall be returned. If
the cost of repairing damage or cleaning exceeds the amount of the
deposit, the applicant shall be required to, and shall, pay the cost
of repairing damage and/or cleaning. An applicant who is indigent
shall not be required to submit the deposit.
A.
Each applicant who seeks to use a Town building for
any purpose or who seeks to use Town property for an organized sport,
recreational, picnic or similar purpose shall provide liability insurance,
naming the Town of Blooming Grove as an additional insured, in the
minimum amount of $1,000,000. For organized sport, recreation, picnic
or similar uses, the Town Board may require a greater amount on a
case-by-case basis.
B.
An applicant who seeks to use Town property outside
of a building for First Amendment purposes shall not be required to
provide liability insurance.
No person shall be authorized or allowed to
use or enter upon Town property or facilities pursuant to this chapter
except to the extent authorized by permit. All minors shall be supervised
by parents or persons over the age of 21. The Town shall have no duty
of supervision.
The permittee shall provide notice of all requirements
of this chapter to all participants, spectators, invitees, and others
using Town property or facilities pursuant to a permit issued pursuant
to this chapter. The Town shall have no duty to give such notice.
Failure of the permittee to provide such notice shall impose no liability
or responsibility upon the Town.
[Amended 3-10-2008 by L.L. No. 1-2008]
Each permit applicant shall pay a permit application
fee upon submission of the application. The fee shall be established
by resolution of the Town Board and may be amended by resolution from
time to time. The fee shall be reasonably equivalent to the administrative
cost of processing the application. An applicant who is indigent and
who seeks to exercise First Amendment rights shall be exempt from
this requirement.
[Amended 3-10-2008 by L.L. No. 1-2008]
Use of Town-owned traditional public forums
for First Amendment activity is permitted pursuant to this chapter.
A traditional public forum is Town-owned property that has been traditionally
available for expressive activity by members of the public. Town-owned
streets, sidewalks and parks are deemed traditional public forums.
A.
The Town Board may deny a permit application based
on one or more of the following grounds:
(1)
The application for permit, including the permit fee
and any required attachments and submissions, is not fully completed
and executed.
(2)
The applicant fails to submit the required indemnification
agreement, insurance certificate or damage/cleaning security deposit.
(3)
The application contains a material falsehood or misrepresentation.
(4)
The applicant or the person on whose behalf the application
for permit is made has on a prior occasion made a material falsehood
or misrepresentation concerning the nature or scope of a use, event
or activity previously permitted or has violated this chapter or the
term of a prior permit issued to or on behalf of the applicant or
such person.
(5)
The applicant is legally incompetent to contract or
to sue and be sued.
(6)
The applicant or the person on whose behalf the application
for permit is made has on a prior occasion damaged or failed to clean
a Town-owned property or facility and has not paid in full for the
repair of such damage or for such cleaning.
(7)
A proper permit application to use a Town-owned property
or facility at the same time and place has been previously received,
and a permit has been or will be granted to such prior applicant authorizing
uses or activities which do not reasonably permit multiple use or
activity of the property or facility.
(8)
The use or activity intended by the applicant would
conflict with a previously planned use, activity or event organized
or conducted by the Town.
(9)
The use or activity intended by the applicant would
present an unreasonable danger to the health or safety of the applicant,
participants, invitees, other users of Town-owned property or facilities,
Town employees or the public.
(10)
The use or activity intended by the applicant
is prohibited by any applicable law or regulation, including this
chapter.
(11)
The use or activity is intended to be conducted
between the hours of 9:00 p.m. and 8:00 a.m.
B.
The Town Board shall set forth in writing the ground(s)
for denial and, where feasible, suggest measures to cure the defect(s)
or suggest an alternative location(s).
[Amended 3-10-2008 by L.L. No. 1-2008]
The applicant may appeal a permit denial in writing to the Town Board within seven days after the date of the denial. The Town Board shall consider only the objective standards set forth in § 221-10 when determining the appeal. The Town Board must act on the appeal at its next regularly scheduled Town Board meeting and set forth in writing its reasons for granting or denying the appeal. If the applicant demonstrates that a Town Board decision on appeal prior to the next regularly scheduled Town Board meeting is necessary due to the time-sensitive nature of the intended use or activity, then the Town Board shall hold a special meeting to consider and act on the applicant's appeal. If the Town Board denies an applicant's appeal, the applicant may seek judicial review pursuant to law.
A.
This chapter shall be enforced by the Police Department,
Town Highway Superintendent, Building Inspector and/or Code Enforcement
Officer.
B.
Any applicant or person who violates any provision
of this chapter or the term of any permit issued pursuant to this
chapter shall, upon conviction, be subject to punishment by a fine
not to exceed $350 or imprisonment for a period not to exceed 15 days,
or both. Each week's continued violation shall constitute a separate
additional violation.
C.
In addition to and not in lieu of the above, any applicant
or person who violates any provision of this chapter or the term of
any permit issued pursuant to this chapter shall, upon the order of
a court of competent jurisdiction, be liable to the Town for a civil
penalty in an amount not to exceed $350. Each week's continued violation
shall constitute a separate additional violation.
D.
In addition to and not in lieu of any of the above,
the Town Board or any enforcement officer may institute any appropriate
action or proceeding to prevent, restrain, enjoin, correct or abate
any violation or threatened violation of this chapter or of the term
of any permit issued pursuant to this chapter.
