[HISTORY: Adopted by the Board of Trustees of the Village of LeRoy
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-21-1982 by L.L. No. 4-1982]
As used in this article, the following terms shall have the meanings
indicated:
The Board of Trustees, Village of LeRoy.
A series of related events or performances conducted on village property,
sidewalks, streets and other public rights-of-way, including but not limited
to parades, festive activities, cultural events, exhibitions, competitions,
collections of shows, live entertainment and other amusement enterprises and/or
the dispensation of food which is open to the public at large, but excluding
sidewalk sales conducted by the village merchants.
The permission, in writing, of the Clerk of the Village of LeRoy
issued in accordance with the provisions of this article, or other applicable
local law, to carry on a festival.
Every natural person, copartnership, association or corporation,
whether profit or nonprofit.
The person or entity who executes the application of a license to
conduct a festival.
The village official or employee designated to be responsible for
receiving applications and issuing licenses.
A person who operates, during the life of the license, a booth or
stand or otherwise occupies space in which he conducts games of skill or chance
or dispenses food and beverage, merchandise or the like.
The Village of LeRoy.
The purpose of the article is the regulation through licensing and inspection
of festivals and affairs of like nature to be conducted in the Village of
LeRoy on public streets, sidewalks, rights-of-way and/or other village property
for the protection of the health, welfare and safety of the public in general.
A.
No license for a festival or other activity of a similar
nature shall be considered or issued unless and until the sponsor desiring
to conduct the affair shall have made and signed a written application to
the Village Clerk for an operator's license, in the form provided by
the village, and paid the proper fee therefor when required, not less than
two weeks prior to the first day of operation of the proposed festival.
B.
The issuance of the festival operator's license
shall be further conditioned upon the following:
(1)
The sponsor's requesting and obtaining from the
Mayor of the Village of LeRoy permission to close the street or streets necessary
to conduct the festival.
(2)
The sponsor's requesting and obtaining from the
Village Board of Trustees of LeRoy permission to use property owned by the
village, as well as sidewalks and other rights-of-way.
(3)
The sponsors and/or vendors executing an indemnification
agreement on behalf of the village, substantially as follows: "The sponsor
and/or vendor hereby represent, stipulate, contract and agree that they do
jointly and severally indemnify and hold harmless the Village of LeRoy against
liability for any and all claims for damages to property or injury to or death
of persons arising out of or resulting from the issuance of the license or
conduct of the public at and during the life of the festival."
(4)
Approval by the Fire Department, upon a satisfactory
examination of the proposal, with respect to compliance with regulations as
hereinafter set forth in the fire prevention section of this article.
(5)
Approval by the Chief of Police, or his alternate, of
the crowd control plan upon the presentation of a written proposal.
(6)
The sponsor depositing with the Village Clerk at the
time of the filing of the application, in cash or by certified check made
payable to the Village of LeRoy, the sum of $500 to guarantee that upon the
termination of the festival the general area where the affair has been conducted
will be left in good condition, cleaned up and cleared of all paper, waste
material and debris within two days from the termination of the festival.
If the sponsor fails to meet this requirement, the village, in its discretion,
shall clean and restore the area to prefestival condition, deducting the moneys
spent thereon from the deposit aforementioned. This provision may be waived
by the Board of Trustees, upon application.
A.
If the sponsor is determined to be a wholly nonprofit
entity, a minimum licensing fee of $10 shall be charged. This provision may
be waived by the Board of Trustees, upon application. A fee of $100 shall
be charged in all other instances for a festival operator's license.
B.
The fee for a vendor's license shall be the sum
of $10 per day. This fee shall not apply in an instance where the sponsor
is a wholly nonprofit entity, nor shall it apply in those cases where the
vendor and the sponsor are one and the same.
C.
The preceding fees shall be payable in advance to the
Village Clerk.
D.
In addition thereto, vendors intending to operate food
and beverage stands shall be required to obtain a license, if required, from
the County Health Department, County of Genesee, and pay any fee required
by the health and sanitary laws of the State of New York and the County of
Genesee.
A.
All health and sanitary requirements, regulations and
licensing shall be adhered to by the sponsors and/or vendors of the festival,
as provided for in the sanitary codes of the Village of LeRoy, the County
of Genesee and the State of New York, which are incorporated by reference
herein as if fully set forth.
B.
In addition thereto, the operator of a festival shall
provide a sufficient number of temporary or permanent toilet facilities for
the use of vendors and the use of the public, such number to be determined
in the discretion of the Village Clerk.
A.
The sponsor and/or vendors shall, with the consent of
the Fire Department and the Superintendent of Public Works, be authorized
to install, hood and connect to fire hydrants specially marked by the Fire
Department a master hose or water-carrying device to supply water to booths
and stands operating at the festival, subject to the following provisions:
(1)
The Fire Department, together with Superintendent of
Public Works, shall determine which fire hydrants will be used as hereinabove
stated.
(2)
The sponsor and/or vendors shall maintain all fire hydrants
within the perimeter of the festival free and clear of any obstruction, with
the closest object located next to a fire hydrant at no less than two feet
in any direction from its geometrical center.
(3)
The sponsor and/or vendors shall meet and observe at
all times the requirements of the Water Department of the Village of LeRoy.
B.
The sponsor and/or vendors, while operating a booth or
stand in which there is heating or cooking apparatus for the preparation of
food shall keep at all times, in a visible, easily accessible location within
the booth or stand, a fully charged fire extinguisher of the kind classified
as "abc."
C.
All doors or gates on entrances to and exits from the
premises where the festival shall be conducted shall be kept open and unobstructed
during the hours of operation of the festival in order to facilitate the rapid
ingress or egress of all persons attending in case of emergency.
D.
It shall be the duty of the sponsor, before the license
shall be issued, to provide the Village Clerk, the Fire Department and the
Police Department with a sketch depicting the following:
(1)
Location of all fire hydrants within the perimeter of
the festival.
(2)
The physical layout of booths, stands, amusement rides
and the lanes of traffic that shall hereinafter be set forth, showing the
dimensions of said booths and stands and the location and size of the area
which the amusement rides will occupy.
E.
After the sponsor has assigned the individual booths
and stands to the vendors and the areas used for amusement rides to the operators,
it shall be the duty of said sponsor, by the end of the first day of the festival,
to provide the Village Clerk with a list in which the names, addresses and
locations of the vendors and operators of amusement rides shall be set forth.
F.
It shall be the obligation and duty of the sponsor to
maintain during the duration of the festival an unimpeded and unobstructed
lane for emergency traffic, at least 10 feet in width, for the rapid ingress
and egress of vehicles required for emergencies or other governmental purposes.
All electrical requirements, regulations and licensing shall be adhered
to by the sponsors and/or vendors of the festival, as provided for in the
electrical and building codes of the Village of LeRoy which are hereby incorporated
by reference as if fully set forth. Should use of village meters be desired,
prior arrangements shall be made with the Village Clerk.
A.
No alcoholic beverages shall be sold, served or consumed
and no games of skill or chance shall be conducted during the operation of
the festival unless and before the sponsor or the vendors obtain a proper
and legal license to dispense alcoholic beverages and/or conduct games of
skill or chance from the State of New York, the County of Genesee, the village
or any other regulatory agency.
B.
The sponsor and vendors receiving such licenses to dispense
alcoholic beverages and/or conduct games of skill or chance shall be conclusively
presumed to be cognizant of the provisions of the Alcoholic Beverage Law of
New York, of state rules and regulations in regard thereto and all applicable
federal, state and municipal laws, rules and regulations regarding the operation
of games of skill and chance, all of which are incorporated herein by reference
as if fully set forth.
A.
The duration of a license for a festival shall be for
not more than five consecutive days, after which period it shall lapse.
B.
The earliest hours at which it shall be lawful to begin
operation of a festival in the village shall be 11:00 a.m., Monday to Saturday,
and 1:00 p.m. on Sundays. Closing time shall not be later than the closing
time permitted by the Alcoholic Beverage Laws.
A.
The operator's license or any vendor's license
may be revoked by the Village Clerk at any time during the life of such license
for any violation by the operator or individual vendor of any provision of
this article or any violation of the Code of the Village or any other applicable
state or federal law, in addition to the penalties set forth in the general
penalties section of this article.
B.
Anything to the contrary in this section notwithstanding,
in the cases of revocation of food and beverage vendor's licenses, such
revocation shall be at the discretion of the appropriate health or regulatory
authority.
A.
Before any license shall be granted, the sponsor shall
provide and deposit with the Village Clerk a public liability insurance policy
in an amount of $100,000 single limit, naming the sponsor and the Village
of LeRoy as coinsured.
B.
In addition thereto, the sponsor shall hold the village
harmless from any and all claims or judgments recovered against him or the
village in any court of competent jurisdiction in excess of the amount of
insurance required by the village, or if the maximum is required, for all
claims in excess of $1,000,000 single-limit liability insurance policy.
A violation by the sponsor or the vendors of the provisions of this
article, upon conviction thereof, in addition to the forfeiture of the license,
shall be punishable by a fine not to exceed $500 or by imprisonment not exceeding
15 days or both per violation, such fine and imprisonment to be in the discretion
of the court.
[Adopted 6-11-1997 by L.L. No. 5-1997]
This article shall be known as, and may be cited as, the "Oatka Festival
Grounds Law" of the Village of LeRoy.
The Village Board of Trustees of the Village of LeRoy finds that the
health, safety and general public of the residents, businesses and visitors
of the Village of LeRoy are promoted by the establishment of standards and
regulations in the form of local legislation regulating some conduct of visitors,
residents, patrons, vendors and other participants at the Oatka Festival.
A.
The Village Board of Trustees hereby finds that in previous
years some people who participated in or visited the annual Oatka Festival
have brought pets onto the festival grounds, that some such pets scared or
intimidated other patrons and guests, especially small children; that some
people who participated in or visited the Oatka Festival rode bicycles on
festival grounds or roller-skated, skateboarded or roller-bladed on the grounds
or on sidewalks adjacent to said grounds in such a manner as presented a danger
to other patrons and/or participants.
B.
The Village Board of Trustees hereby finds that new local
legislation prohibiting such conduct within the festival grounds is desirable
to help protect the public health and safety and promote the general welfare
of those persons in attendance at the annual Oatka Festival.
As used in this article, the following terms shall have the meanings
indicated:
The Oatka Festival grounds shall include:
A.
All of Trigon Park, being bordered by East Main Street
on the north and the village street known as "Trigon Park" on the west, south
and east.
B.
The lands owned by the LeRoy Central School District
bounded on the north by East Main Street and Trigon Park, on the west by Wolcott
Street, on the south by Stanley Place and the rear property lines of lots
fronting on Lincoln Avenue, and on the east by the rear property lines of
lots fronting on South Street and by the property of the United Methodist
Church of LeRoy, New York.
C.
PETS
The lands owned by the Village of LeRoy on the east bank
of Oatka Creek bounded north by Main Street bridge, east by Wolcott Street,
west by Oatka Creek and south by the north boundary of lands now owned by
James and Marjorie Fulmer.
The word "pets" shall have its normal meaning, except that as used
herein it shall specifically exclude Seeing Eye dogs or other such dogs or
animals specifically trained to guide and assist blind or other handicapped
persons, or any pet or animal that is a part of an act or exhibitor's
presentation participating in the Oatka Festival. Thus, Seeing Eye dogs and
other similar guiding animals are permitted on festival grounds, as are animals
that are a part of or are participating in the Oatka Festival with an organized,
participating group or exhibition.
A.
No person shall bring or permit to be brought, or cause
to be brought, any pet onto Oatka Festival grounds between the hours of 7:00
a.m. and 6:00 p.m. EDT on the Saturday, and between the hours of 7:00 a.m.
and 6:00 p.m. EDT on the Sunday of the Oatka Festival as such dates are authorized
by the Village Board of Trustees of the Village of LeRoy for each year once
this article becomes effective.
B.
No person shall ride a bicycle or roller-skate, roller-blade,
skateboard or in-line skate upon Oatka Festival grounds between the hours
of 7:00 a.m. and 6:00 p.m. EDT on the Saturday, and between the hours of 7:00
a.m. and 6:00 p.m. on the Sunday of the Oatka Festival as such dates are authorized
by the Village Board of Trustees of the Village of LeRoy for each year once
this article becomes effective.
C.
Any peace officer or police officer, as those terms are defined by New York State statute, shall have the authority to capture any stray animal or pet found to be on Oatka Festival grounds during the hours specified in Subsection A above. Ownership of such stray animal or pet shall be prima facie evidence that such owner caused or permitted such animal or pet to be on Oatka Festival grounds in violation of Subsection A above.
Any person who violates or disobeys the provisions of this article,
or who permits such noncompliance, or neglects or refuses to comply with its
terms shall be guilty of an offense and, upon conviction thereof, shall be
subject to a fine of not more than $100.
