[HISTORY: Adopted by the Board of Trustees of the Village of Massena 10-2-2007
by L.L. No. 2-2007. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
A designated area within which the public streets shall be closed
for a neighborhood party.
A neighborhood block party, celebration or event, but shall not include
a garage sale, yard sale, bazaar, rummage sale or other similar activity having
the principal purpose of fundraising for an individual or organization, nor
shall it include a political meeting or rally, carnival or theatrical or musical
performance, such as rock concerts or similar events.
A Village street, highway or road.
A.Â
The Mayor shall be authorized to issue a permit for the
temporary blocking of a street for the purpose of holding a party. At least
14 days before the commencement of such a party, an application for such permit
shall be filed by a bona fide resident of the street to be blocked, who is
over the age of 18, and such application shall contain at least the following
information:
B.Â
The application may require such additional information
as the Village Board shall prescribe by resolution.
The applicant shall be responsible for removal of litter, debris and
other materials from the street or portion thereof used for the party which
are attributed to or caused by the party.
A.Â
Daily time restriction. The hours of operation for any
special event taking place on the streets of the Village shall be between
9:00 a.m. and 10:00 p.m. on any day of the week.
B.Â
Site maintenance. All areas used must be left in a clean
condition.
C.Â
Services available from the Village. The Village will
provide certain equipment and materials to facilitate comfort and control
over the event, subject to availability and the Village's prior need
for such equipment and materials.
(1)Â
Temporary parking signs. All temporary signs for restricting
parking must be posted 24 hours in advance and maintained by the sponsor.
Requests for the necessary materials should be directed to the Massena Police
Department, which shall have responsibility for the initial posting of the
temporary signs either through physical placement or directive as to locations.
Any usage of temporary signs without the authorization of the Police Chief,
or his designee, will be neither recognized nor enforced. Upon the event's
completion, all signs must be taken down by the sponsor and returned to the
Police Department.
(2)Â
Barricades. Moveable barricades shall be delivered to
the site where the sponsor or its designated representative shall sign for
their receipt. The cost of the replacing lost or damaged barricades lies with
the sponsor.
D.Â
A street or portion thereof blocked off for a party shall
not be obstructed by obstacles which cannot be readily moved to allow emergency
and hazard vehicles to enter it in response to an emergency.
No more than one permit shall be granted by the Mayor in any calendar
year for the same block(s).
The persons, organization or association to whom the permit is issued
shall be liable for all losses, damages or injuries sustained by any person,
whether a participant or spectator at the block party or recreational event,
whether or not said losses, damages or injuries arise by reason of the negligence
of the person, persons or organization to whom such permit shall have been
issued. The Mayor shall require the applicant to enter into a hold-harmless
agreement, which agreement shall provide that the applicant shall agree to
save and hold the Village harmless of and from any and all obligations and
liabilities which may arise from the temporary street closing which represents
the subject matter of the application. The applicant shall further agree as
part of these provisions to hold harmless the Village and to defend at his
own cost and expense any claims or lawsuits instituted by third parties, which
obligations or liabilities might otherwise exist or be asserted against the
Village. The Mayor shall further have the option to require that, prior to
the issuance of a permit or commencement of the temporary street closing for
commercial advertising purposes or profit, the applicant submit evidence of
liability insurance covering damages to property and injuries to members of
the general public arising out of the temporary street closing in such amounts
as may be determined by the Mayor.
A.Â
Any person, firm or corporation who or which shall violate
any provision of this chapter shall, upon conviction, be subject to a penalty
of not more than $250, or imprisonment for a term not to exceed 15 days, or
both. Each day's continued violation shall constitute a separate offense.
B.Â
The Police Chief or his designee may close any special
event conducted without authorization from the Mayor, and the sponsors and
participants may be subject to arrest.
C.Â
The Police Chief, Fire Chief or his designated representative(s)
may close any block party or portion that is subsequently determined to be
an imminent hazard to the public health, safety or welfare.
