[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.
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.
Excluded from the definition of "mass gatherings" are:
Operations, activities or affairs of any duly established village authority,
which shall include the annual Memorial Day Parade.
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."
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.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
The issuance or denial of a permit shall be at the discretion
of the Village Board of Trustees.
F.
A permit issued for a mass gathering shall be kept on
file and a copy provided to the permittee.
G.
The applicant shall obtain a copy of this chapter and
be in compliance with its provisions.
A.
Standards for issuance shall include but not be limited
to the following:
(1)
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.
(2)
The proposed activity is not anticipated to incite violence,
crime or disorderly conduct.
(3)
The proposed activity will not entail unusual, extraordinary
or burdensome expense or operation by the village employees without due compensation
to the village.
(4)
The desired area and facilities have not been reserved
for other use at the day and hours in the application.
(5)
Any other requirements that the Village Board of Trustees,
at its discretion, deems necessary for a fair determination of the application.
B.
A permittee shall observe all park rules and regulations
and all applicable local laws as though the same were inserted in the permit.
C.
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.
D.
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.
E.
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:
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.
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.
B.
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:
(1)
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.
(2)
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.
(3)
These coverage limits may be increased for particular
events involving substantial risks, at the discretion of the Village Board
of Trustees.
C.
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.
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.
