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:
A. Providing for adequate police presence.
B. Providing for adequate firesafety.
C. Preventing undue noise, annoyance and traffic congestion.
D. Preventing any adverse effect to the village, financial
and otherwise.
As used in this chapter, the following terms shall have the meanings
indicated:
APPLICANT
The person, group or organization applying for the mass gathering
permit.
MASS GATHERING
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."
PERMIT
A written authorization for a permittee to hold an event in accordance
with the provisions of this chapter.
PERMITTEE
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.
VILLAGE
All lands located within the corporate boundaries of the Village
of Scotia, Schenectady County, State of New York, whether privately or publicly
owned.
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:
A. Vending, peddling or concessions. Exposing or offering
for sale of any articles.
B. Advertising. Announcing, advertising or calling of the
public's attention to any article, thing or service for sale, trade or
hire.
C. Signs. Displaying or posting of signs in any manner shall conform to Chapter
205, Signs, of the Village Code. Posting shall include gluing, pasting, tacking, wiring or otherwise adhering or freestanding signage.
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 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.
A. Any person who commits or allows any act in violation
of any provision of this chapter shall be liable for the following penalties:
(1) 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.
(2) 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.
B. 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.
C. 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.