[HISTORY Adopted by the Common Council of
the City of Peekskill as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-7-1979 (Ch. 241, Art. I of the 1984 Code)]
[Amended 3-12-2012]
As used in this article, "Peekskill Riverfront
Green" shall refer to the following: all that area of City-owned land,
together with the improvements thereon, lying between the railroad
and the Hudson River, bordered on the south by an area leased to the
Peekskill Yacht Club by the City and on the north by the area owned
by the City known as “Peekskill Landing.”
The following shall be prohibited at the Peekskill
Riverfront Green:
A.
Parking of any vehicle in other than designated parking
areas and other than between painted lines for vehicle parking in
such areas.
B.
Driving a vehicle at a rate of speed in excess of
15 miles per hour.
C.
Unless otherwise authorized by the Commissioner of
Public Safety, parking or standing of any vehicle between the hours
of 10:00 p.m. and 6:00 a.m. or parking or standing of any vehicle
for longer than four hours, except vehicles parked in the area of
the boat launching ramp, displaying boat launching permits, or in
the commuter parking lot, displaying parking permits.
[Amended 6-24-1985; 4-14-1986]
D.
The use of loudspeakers.
E.
The use of radios, tape recorders or other audio devices,
including car radios, in such a manner that such devices are audible
at a distance of more than 25 feet from such device.
F.
Working on or repairing any vehicle, excluding emergency
repairs.
G.
The breaking, throwing or smashing of glass or any
glass container.
H.
The launching of boats without a permit.
[Added 7-17-1989]
All other rules or ordinances pertaining to
the use of parks in the City of Peekskill[1] shall apply to the Peekskill Riverfront Green to the extent
consistent with this article.
The requirements of this article shall not apply
to special events or group activities at the Peekskill Riverfront
Green pursuant to a permit therefor issued by the City,[1] provided that such permit shall so indicate in writing.
[Amended 5-14-2007 by L.L. No. 3-2007]
Any violation of the terms of this article shall be punishable by a fine of up to $50, except that a violation of § 449-2G of this article shall be punishable by a fine of up to $250 and/or by up to 15 days' imprisonment.
[Adopted 8-13-1979 (Ch. 241, Art. II of the 1984 Code)]
The purpose of this article shall be to regulate
the use of the City of Peekskill Riverfront Green for the holding
of special events and to institute a system of user charges relating
to activities or periods of activity at the Riverfront Green which
result in additional cost to the City.
It is found that large concentrations of people
and special assemblages as well as regular evening users of the Riverfront
Green require additional City personnel and services.
As used in this article, the following terms
shall have the meanings indicated:
A charge per person in attendance at a special event.
Any stand or display, whether portable or stationary, selling
food products for consumption at a special event, but shall not include
a duly authorized City concessionaire.
A fee per vehicle for parking at the Peekskill Riverfront
Green, which shall not apply to users or permittees actually using
the boat ramp.
An authorization issued by the City Clerk at the Peekskill
Riverfront Green for which a fee or fees shall be charged in accordance
with this article.
Any organized activity for other than business and/or commercial
purposes at the Riverfront Green, conducted by a sponsor and requiring
reserved area and/or additional City personnel or services.
Any person, corporation, partnership, association or other
bona fide legal entity able to assume legal responsibility for a special
event.
Any booth, display or area at a special event where goods
or merchandise are offered for display, inspection or sale or entertainment
is offered, excluding food or food products offered for sale and/or
consumption.
[Amended 3-12-2012; 9-25-2017 by L.L. No. 2-2017]
A sponsor must apply to the Department of Recreation at least
one month in advance of a proposed special event for a permit therefor.
The Department of Recreation may issue a permit if it appears that
there will be no conflict with any other planned activity or special
event in accordance with rules for scheduling promulgated by the City
Manager applicable to City parks; that the proposed activity or special
event shall be consistent with community standards of morals and decency;
that the special event is not purely for business and/or commercial
purposes and if the sponsor shall tender the fees as provided in the
Consolidated Fee Schedule maintained in the office of the City Clerk.
No sponsor shall be granted a permit for more
than a two-consecutive-day period, and no sponsor shall be granted
a permit more than once during a calendar year.
[Amended 2-27-2017 by L.L. No. 1-2017; 9-25-2017 by L.L. No. 2-2017]
All fees shall be set forth in the Consolidated Fee Schedule
maintained by the office of the City Clerk.
The fees computed pursuant to § 449-11A,
B and C shall be payable in advance at the time of purchasing a permit.
The portion of the fee provided for in § 449-11D shall be
paid in advance on an estimated basis and the balance (or refund),
if any, within seven days after the special event.
Any fee based upon admissions shall be subject
to adjustment based upon actual admissions, as to which the sponsor
shall be required to maintain an accurate count in a manner satisfactory
to the City and, with respect thereto, the City shall reserve the
right to audit the receipts, books and records of the sponsor with
respect to the special event for a period of one year after the special
event.
Fees paid for permits issued hereunder shall
be refundable in the event of cancellation because of weather or otherwise,
in the discretion of the City, except to the extent of the City's
actual expenditures and/or cost in connection with preparation for
the special event, if any.
[Amended 3-12-2012]
A.
The City
Manager shall promulgate rules and regulations governing the uses
authorized hereunder pursuant to and consistent with this article.
Said rules and regulations and the terms thereof shall be incorporated
into any permit issued pursuant hereto. Said rules and regulations
shall include a provision that the sponsor of any special event, prior
to issuance of a permit therefor, shall be required to post an insurance
endorsement for liability insurance from an A.M. Best rated “secured”
New York State admitted insurer. The insurance shall be primary and
noncontributory, in the following minimum coverage amounts, naming
the City as additional insured, and shall provide primary coverage
for the City, its boards, commissions, officers, employees and volunteers:
(1)
Public
liability insurance coverage: $1,000,000 per occurrence and $2,000,000
aggregate for events to which the public is invited or expected to
attend; and $500,000 for events to which the public is not invited
or is not expected to attend at which 50 or more people are expected
to be in attendance; and
(2)
Such
other insurance required to cover activities to take place at the
special event, which activities are excluded from public liability
insurance coverage: $2,000,000 per occurrence.
B.
In addition,
prior to issuance of a special event permit, the applicant shall be
required to execute a defense and indemnity agreement protecting the
City from any and all claims, actions, proceedings, and lawsuits arising
out of the special event. The applicant shall also indemnify the City
for any applicable deductibles.
C.
The foregoing
agreement and insurance shall be subject to the approval of the City
Corporation Counsel.
[1]
Editor's Note: Former § 449-16, Parking charge, as amended,
was repealed 2-27-2017 by L.L. No. 1-2017, and again on 9-25-2017
by L.L. No. 2-2017.
Any person conducting or participating in an
event or activity subject to the terms of this article without a permit
or contrary to the terms of this article shall be in violation of
this article and subject to a fine of up to $100.
