[HISTORY: Adopted by the Board of Trustees of the Village
of Airmont 9-2-2014 by L.L. No. 4-2014. Amendments noted where applicable.]
In keeping with the residential character of our community,
the Village of Airmont Board of Trustees recognizes and encourages
the friendly association of neighborhood residents. This chapter intends
to permit the limited closure of streets for neighborhood block parties.
Village streets shall not be closed (except for emergency purposes)
for any other activities or events, including but not limited to bazaars,
political meetings or rallies, carnivals, theatrical or musical performances,
street fairs, circuses or any other activity or event to which the
general public or non-neighborhood individuals may attend.
As used in this chapter, the following terms shall have the
meanings indicated:
A designated area within which the public streets shall be
closed for a neighborhood party.
A property is impacted by a temporary blocking of a street
under this chapter, if:
A neighborhood block party, celebration or event, defined
as an outdoor public party put on by the residents of a Village block
or neighborhood, but shall not include a garage, sale, yard sale,
bazaar, rummage sale or other similar activity having the principal
purpose as fundraising for an individual or organization, nor shall
it include a political meeting or rally, carnival or theatrical or
musical performances, such as rock concerts or similar events.
A Village street, highway or road.
A.
The Village Clerk shall be authorized to issue a permit for the temporary
blocking of a street for the purpose of holding a party. At least
14 days before the commencement of such party, an application for
such permit shall be filed by a bona fide resident of the street to
be blocked, who is over the age of 18, and such application shall
contain at least the following information:[1]
[Amended 11-7-2016 by L.L. No. 8-2016]
(1)
The name and address of the applicant.
(2)
The name of the street or streets and a description of the portions
thereof to be blocked.
(3)
A description of the specific party to be held.
(4)
The date and the hours thereof.
(5)
Signature of every resident impacted by the proposed closure, whether
in favor or opposed.
(6)
Notification to the local Police and Fire Departments.
[1]
Editor's Note: A copy of an application is attached to this chapter.
B.
A failure to obtain a signature from the affected representative
of a property impacted by the proposed closure will be deemed as opposition
from that property. The applicant is responsible for notifying all
residents impacted by the proposed closure.
[Amended 11-7-2016 by L.L. No. 8-2016]
C.
The application may require such additional information as the Village
Board shall prescribe by resolution.
The application shall be accompanied by a fee of $250, which
shall be refundable in the event that the permit is denied or after
the event has taken place and the Village Clerk has determined the
applicant is in compliance with this chapter. The permit shall be
granted by the Village Clerk upon determining that the party is authorized.
The permit shall be denied if the Village Clerk finds that the residents
opposed to the event exceed 30% of the total residents on the street
or upon determining that the party is not authorized. The Village
Clerk shall advise the applicant of the reason for denial of the application.
A permit issued pursuant to this chapter shall be valid only
for the date and the hours specified thereon, which shall not be before
8:00 a.m. or after 11:00 p.m.
The applicant shall be responsible for removal of litter, debris
and other materials from the street or portion thereof used for the
party which is attributable to or caused by the party.
A street or portion thereof blocked off for a party shall not
be obstructed by obstacles which cannot be readily moved to allow
emergency and hazard vehicles to enter it in response to an emergency.
No more than two permits shall be granted by the Village Clerk
in any calendar year for the same block or blocks.
The persons, organization or association to whom the permit
is issued shall be liable for all losses, damages or injuries sustained
by any person, whether a participant or spectator at the block party
or recreational event, whether or not said losses, damages or injuries
arise by reason of the negligence of the person, persons or organization
to whom such permit shall have been issued. The Village Clerk shall
require the applicant to enter into a hold-harmless agreement, which
agreement shall provide that the applicant shall agree to save and
hold the Village harmless of and from any and all obligations and
liabilities which may arise from the temporary street closing which
represents the subject matter of the application. The applicant shall
further agree as part of these provisions to hold harmless the Village
and to defend at his own cost and expense any claims or lawsuits instituted
by third parties, which obligations or liabilities might otherwise
exist or be asserted against the Village. The Village Clerk shall
further have the option to require that the applicant submit evidence
of liability insurance covering damages to property and injuries to
members of the general public arising out of the temporary street
closing in such amounts as may be determined by the Village Clerk.
Any person, firm or corporation who shall violate any provision
of this chapter shall, upon conviction, be subject to a penalty of
not more than $250, or imprisonment for a term not to exceed 15 days,
or both. Each day's continued violation shall constitute a separate
offense.
