[HISTORY: Adopted by the Board of Trustees of the Village of Ballston Spa as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-13-1996 by L.L. No. 1-1996]
For the purposes of this article, the following terms shall be given the meanings set forth herein:
AMUSEMENT EVENTS
Any form of entertainment open to the public and generally conducted in the outdoors with the presence of tents, booths or temporary structures erected for such purpose or any combination of the foregoing, including but not limited to forms of entertainment commonly known as "carnivals," "circuses," "fairs," "bazaars" and "outdoor shows."
APPLICATION
That form specified by the Village Clerk used for obtaining an amusement event permit.
ORGANIZATION
A group having a joint or common interest and organized for some purpose. An "organization" shall include a charitable, religious, membership, hospital or not-for-profit corporation.
The purpose of this article is to preserve the public peace and good order, to prevent tumultuous assemblages and to assure the health and safety of the residents of the Village of Ballston Spa in regard to the conduct of all amusement events.
A. 
All amusement events are prohibited in the Village of Ballston Spa except when they are for the profit of an organization as herein defined, and provided that a permit from the Village Board has been secured in advance of such amusement event and remains valid throughout such event.
B. 
It shall be unlawful to erect, operate or maintain any amusement event without having secured a permit from the Village Board or to continue to erect, operate or maintain such event after the expiration or revocation of such permit.
No later than four weeks in advance of a proposed amusement event, an application shall be executed and filed with the Village Clerk by the organization seeking a permit. All applications for permits for amusement events shall supply the following information:
A. 
The name, address and the telephone number of the organization.
B. 
The names, addresses and the telephone number of two authorized officers or directors who will be responsible for and can be contacted during the operation of the amusement event and who shall both sign said application.
C. 
The date(s), time(s) and place of the amusement event.
D. 
A complete description of all activities, games of skill, rides and special events.
E. 
A notarized letter signed by the property owner stating the nature, extent and duration of the amusement event and granting permission for the organization to use the property.
F. 
A certificate of insurance pursuant to § 78-5 of this article.
G. 
Any other documents required to be provided pursuant to any section of this article.
H. 
Such additional information as the Village Clerk may require.
[Amended 4-12-2021 by L.L. No. 4-2021]
A. 
Upon filing the application, the applicant must furnish a surety bond, cash or certified check in an amount to be established by the Village Trustees payable to the Village Clerk to ensure that the applicant will clean the area and put the property in order at the conclusion of the amusement event. If the applicant fails to clean and restore the amusement area, or if damage is done to public or private property as a result of said amusement event, the Village Clerk may apply the bond, cash or check to the cost of cleanup or restoration and may recover from the organization such additional costs as may be incurred.
B. 
All amusements must procure public liability insurance in amounts to be established by the Village Trustees for both bodily injury and damage to property.
C. 
All insurance shall include the Village of Ballston Spa as a named insured and be noncancelable without 10 days' prior written notice to the Village Clerk.
D. 
The Village Clerk may require an applicant to supply additional insurance coverage, if available, where the minimum amounts stated herein are insufficient in the opinion of the Village Clerk after considering the size, duration and hazard presented by the proposed amusement event.
A. 
Every professional fund-raiser, commercial coventurer, professional solicitor and charitable organization, as each is defined by Article 7-A of the Executive Law of New York State, organizing, controlling or otherwise involved in conducting an amusement event shall include with an application for such event proof of valid registration with the Secretary of State as such fund-raiser, coventurer, solicitor or organization.
B. 
With each application, a professional fund-raiser or commercial coventurer shall also submit proof that a surety bond naming him/her as obligor is on file with the Secretary of State.
No permit for an amusement event shall be issued, and any outstanding permit may be revoked if the Village Board determines that such amusement event includes any activity which, in the judgment of the Village Board, will disturb the order and peace of the Village or will jeopardize the health, safety or welfare of the residents of the Village of Ballston Spa.
Prior to opening an amusement event to the public, the permit holder shall file proof with the Village Clerk that his/her mechanical rides have been inspected and found satisfactory by the New York State Department of Labor in compliance with § 202-b of the Labor Law.[1]
[1]
Editor's Note: Section 202-b of the Labor Law was repealed 12-31-1983 by L. 1983, c. 876, § 9.
A. 
Permits may be subject to conditions that the Village Board deems necessary to ensure proper sanitation, to prevent undue noise, to prevent fire hazards and to protect the public safety, health and welfare.
B. 
All permits shall be subject to the hours of operation determined by the Village Board.
The term of any permit shall not exceed six days, and only two permits may be issued per organization for each calendar year.
A permit pursuant to this article must be conspicuously displayed during the operation of said amusements and be available for inspection by any person demanding such inspection, said display to be at the site or location of the amusement.
Any person who shall erect, operate or maintain any amusement event without first having obtained a permit or who shall own the land on which such amusement event is located shall be guilty of a violation of this article. Such violation is an offense punishable by a fine not to exceed $500 for each day such violation continues or by imprisonment for 15 days, or both such fine and imprisonment.