[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.]
The Mayor and the Village Board find that streets and other public places
in the Village are from time to time temporarily closed and used as sites
for ethnic festivals, art shows, neighborhood celebrations and other public
events which are privately sponsored but open to the public. Events of this
kind serve to improve the quality of life of the residents of the Village
and often result in large numbers of people congregating within the confines
of the temporarily closed streets and public places, and the resulting crowd
conditions create concerns for police and fire access and control and other
concerns relating to health, safety and welfare of the public and of persons
and property in the closed area. It is therefore essential that a policy be
established for governing these events which shall facilitate control over
them by the sponsor and by Village officials from departments involved with
the events to safeguard persons and property.
As used in this chapter, the following terms shall have the meanings
indicated:
An event held by the residents of a defined section of the Village
to be attended by the residents of that particular section.
Property which is owned, operated, maintained, and/or controlled
by the Village which is not rental in nature. Examples of public property
include, but are not limited to, parking lots, streets, sidewalks and parks.
A preplanned single event or series of events that, because of its
nature, interest, location, promotion or any combination of similar influences,
is expected or later found to draw a large number of people, sponsored by
an individual or entity other than the Village, proposed to be held on public
property or on private property but affecting public property or requiring
Village support services, for the purpose(s) of entertainment, celebration,
amusement, cultural recognition, arts and crafts displays and/or sales, amateur
sports demonstration or competition, or similar activities generically considered
recreational in nature. Examples include, but are not limited to, ethnic festivals,
street fairs, street art shows, public celebrations, outdoor concerts, parades,
road races and walk-a-thons.
The individual, group of individuals, corporation or other entity
responsible for organizing the event.
Those which can or must be provided by the Village to ensure that
a special event is conducted in such a manner as to protect the safety, health,
property and general welfare of its citizens. Examples include fire protection,
crowd management and control and traffic management and control.
It shall be unlawful for any person, firm, corporation, association,
group or organization within the corporate limits of the Village of Massena
to conduct a special event or to act as a special event vendor as herein defined
without first having obtained and paid for and having in force and effect
a valid, current permit or license therefor.
A.
Application for special event permit. The sponsor of
the special event must submit a completed application form to the Village
Clerk. All applications are to be submitted on the forms provided by the Village
Clerk. Any application submitted less than 30 days prior to the event shall
be subject to late fees.
B.
Village costing process. The completed forms shall be
distributed to the appropriate Village departments, which will estimate the
additional costs that would be incurred as a result of the event. This information
may be used in establishing terms and conditions under which an event may
be conducted when the use of police or other Village personnel is appropriate,
possible and not in conflict with any other administrative polices and procedures
and/or labor agreements.
Fees for the event will be determined in accordance with § 242-4.
The Mayor will review all special event applications and shall be authorized
to either approve or deny said applications.
A.
Permits and licenses. Approval to conduct a special event
by this process does not relieve the sponsor or any participant, including
but not limited to food stands, vendors, peddlers or exhibitors, from the
responsibility of applying for any other permits or licenses or meeting any
other requirements which may be applicable.
B.
Due date. All required permits, licenses, security deposits
and insurance policies must be obtained no later than seven days prior to
the due date of the event.
A.
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.
Site maintenance. All areas used must be left in a clean
condition.
C.
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)
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)
Barricades. Moveable barricades shall be delivered to
the site where the sponsor or its designated representative shall sign for
their receipt. The cost of replacing lost or damaged barricades lies with
the sponsor.
(3)
Fees. A fee for providing police officers above the number
normally scheduled may be charged. Said fee is to be determined by the Chief
of Police and shall not be in excess of the actual cost.
A.
Fine. Special events shall not be held without the authorization
of the Mayor nor held in contravention of the terms and conditions set forth
by the Village Board of Trustees. Violation of this chapter may subject the
sponsor to a fine of $500 in addition to any other penalty provided in the
ordinances or in any other law on account of commencement of said special
events without required permits, licenses or authorization.
B.
Closing of unauthorized special events. The Police Chief
or his designee may close any special event conducted without authorization
of the Mayor, and the sponsors and participants may be subject to arrest.
C.
Closing of events due to public safety hazard. The Police
Chief, the Fire Chief or their designated representative(s) may close any
special event or any portion of a special event that is subsequently determined
to be an imminent hazard to the public health, safety or welfare.
A.
Block parties. Block parties as herein defined are excluded from the provisions of this policy (see Chapter 106).
B.
Village events. Events initiated by and/or sponsored
or cosponsored by the Village are excluded from the provisions of this policy.
C.
Events solely within parks. Events that are held entirely
within the jurisdiction of the Recreation Commission that do not require the
intervention of any other Village department shall be deemed to be an event
sponsored or cosponsored by the Village for the purposes of this chapter and
shall be regulated by the Recreation Commission.
