[HISTORY: Adopted by the Board of Trustees of the Village of Scotia 5-13-1992 as L.L. No. 1-1992. Amendments noted where applicable.]
This chapter is intended to regulate mass gatherings in order to ensure that the public's health, safety and welfare will be protected, including but not limited to the following:
As used in this chapter, the following terms shall have the meanings indicated:
- The person, group or organization applying for the mass gathering permit.
- A. Any assemblage, procession, parade or gathering of one thousand (1,000) people or more, with or without the levy of an admission fee, within the boundaries of the village.
- B. Excluded from the definition of "mass gatherings" are:
- (1) Operations, activities or affairs of any duly established village authority, which shall include the annual Memorial Day Parade.
- (2) The gathering of people normally associated with the routine weekly activity of a church or school or the routine business of a duly authorized commercial establishment within the village. However, special events or activities held by or on the grounds of a church, school or commercial establishment which may potentially affect the health, safety and welfare of the public and/or impose an adverse impact to village services shall be considered to be a "mass gathering."
- (3) Funeral processions.
- A written authorization for a permittee to hold an event in accordance with the provisions of this chapter.
- The person, group or organization duly granted the mass gathering permit.
- PUBLIC PLACES or VILLAGE LANDS
- Any lands, roads, streets, highways, alleys, sidewalks, drives or park facilities located within the boundaries of the Village of Scotia.
- All lands located within the corporate boundaries of the Village of Scotia, Schenectady County, State of New York, whether privately or publicly owned.
No person shall hold, permit or promote, by advertising or otherwise, a mass gathering as defined herein unless a permit has been issued by the Village Board of Trustees.
Application for such permit shall be on forms to be furnished by the Village of Scotia, addressed to the Village Board of Trustees, and shall be filed with the Village Clerk-Treasurer at least two (2) months prior to the date such use and assembly shall occur.
A written determination granting or denying a permit shall be made within forty-five (45) days after application is received, provided that all necessary information and documentation have been provided by the applicant.
Separate permits shall be required for each mass gathering, unless a schedule of similar seasonal activities is provided to the village. In that case, the Village Board of Trustees, at its discretion, may provide a season permit which can be applied for annually.
The issuance or denial of a permit shall be at the discretion of the Village Board of Trustees.
A permit issued for a mass gathering shall be kept on file and a copy provided to the permittee.
The applicant shall obtain a copy of this chapter and be in compliance with its provisions.
Standards for issuance shall include but not be limited to the following:
The proposed activity will not unreasonably interfere with or detract from the general public enjoyment of the proposed site or the promotion of public health, safety, welfare or recreation.
The proposed activity is not anticipated to incite violence, crime or disorderly conduct.
The proposed activity will not entail unusual, extraordinary or burdensome expense or operation by the village employees without due compensation to the village.
The desired area and facilities have not been reserved for other use at the day and hours in the application.
Any other requirements that the Village Board of Trustees, at its discretion, deems necessary for a fair determination of the application.
A permittee shall observe all park rules and regulations and all applicable local laws as though the same were inserted in the permit.
A permittee shall be liable for any loss, damage or injury sustained by any person by reason of the negligence of the permittee and shall indemnify and hold the village harmless therefor.
The Village Board of Trustees shall have the authority to unilaterally revoke a permit upon finding violation of any rule, regulation or local law or upon good cause shown.
Issuance of a mass gathering permit does not negate the requirement for the permittee to obtain permits, licenses or approvals or to otherwise comply with existing village, county, state or federal laws, ordinances, codes or regulations.
The Scotia Police Department, in conjunction with its duties imposed by law, shall diligently enforce the provisions of this chapter.
The following actions shall not be permitted without prior written approval of the Village Board of Trustees:
Vending, peddling or concessions. Exposing or offering for sale of any articles.
Advertising. Announcing, advertising or calling of the public's attention to any article, thing or service for sale, trade or hire.
Consumption of alcoholic beverages shall conform to Chapter 95, Alcoholic Beverages.
The applicant shall submit a plan depicting the sanitary services to be provided at a mass gathering, including the supply of potable drinking water and sanitary restrooms or facilities. Such plan shall be in accordance with all laws, codes, ordinances and standards and shall be subject to the approval of village officials.
A permittee shall be fully responsible for any and all damages to persons and property resulting from the mass gathering, including damage occurring at the gathering site or to the surrounding area. A permittee shall indemnify and hold the village harmless from any and all claims for injury or damages relating to the mass gathering.
Additionally, a permittee will be required to furnish certificate (s) verifying that the permittee is insured for the following minimum coverage limits and naming the village as an additional interest insured:
For gathering events held on private property: one million dollars ($1,000,000.) for personal injury; one million dollars ($1,000,000.) for property damage.
For gathering events held on village or public property: one million dollars ($1,000,000.) for personal injury; one million dollars ($1,000,000.) for property damage.
These coverage limits may be increased for particular events involving substantial risks, at the discretion of the Village Board of Trustees.
The insurance policy(ies) shall contain no provision for a deductible amount on claims (i.e., there shall be no deductibles) and the policy(ies) shall be in effect during the entire period of the event(s) and not be cancelable without giving the village ten (10) days' prior written notice. Failure to keep such policy(ies) in effect shall result in the immediate and automatic revocation of the permit without a hearing.
A mass gathering event shall not cause the village to incur additional costs. Such additional costs shall include, but not be limited to, a cost resulting from police, fire or Department of Public Works overtime compensation. A permittee shall reimburse the village for any such additional costs and shall provide the village with satisfactory assurance that any additional costs attributable to the gathering will be paid by the permittee.
Any person who shall use or allow the use of property for a mass gathering, as defined herein, or any person who shall promote or advertise such a gathering without first obtaining the permit required by this chapter shall be in violation of this chapter.
Any person who commits or allows any act in violation of any provision of this chapter shall be liable for the following penalties:
For a first offender of this chapter, the person violating the same shall be subject to a fine of not more than five hundred dollars ($500.) nor less than one hundred dollars ($100.) and/or imprisonment not to exceed fifteen (15) days in jail.
For repeat offenders of this chapter, the person violating the same shall be subject to a fine of not less than one thousand dollars ($1,000.) and/or imprisonment not to exceed one (1) year in jail.
In addition to the fines stated in Subsection A above, the offender will also be responsible for any and all damages incurred by the village associated with the gathering, including but not limited to personal injury or property damage claims and charges for village services expended which are attributable to the event.
In addition to the above-provided penalties, the village may maintain an action or proceeding in the name of the village in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.