[HISTORY: Adopted by the City Council of
the City of Jamestown 10-25-1999. Amendments noted where applicable.]
The Mayor and the City Council find that streets
and other public places in the City are from time to time temporarily
closed and used as sites for ethnic festivals, art shows, neighborhood
celebrations and other public events which are privately sponsored
but open to the public. Events of this kind serve to improve the quality
of life of the residents of the City and often result in large numbers
of people congregating within the confines of the temporarily closed
streets or public places, and the resulting crowd conditions create
concerns for police and fire access and control and other concerns
relating to the health, safety and welfare of the public and of persons
and property in the closed area. It is therefore essential that a
policy be established for governing these events which shall facilitate
control over them by the sponsor and by city officials from departments
involved with the event to safeguard persons and property.
As used in this chapter, the following terms
shall have the meanings indicated:
Event held by the residents of a defined section of the City
to be attended by the residents of that particular section.
The area of the City bounded on the north by Sixth Street,
on the east by Foote Avenue, on the south by Harrison Street and on
the west by Monroe Street.
Property which is owned, operated, maintained, and/or controlled
by the City which is not rental in nature. Examples of public property
include, but are not limited to, parking lots, plazas, streets, sidewalks
and parks.
A preplanned single event or series of events that, because
of its nature, interest, location, promotion or any combination of
similar influences, is expected, or later found, to draw a large number
of people, sponsored by an individual or entity other than the City,
proposed to be held on public property or on private property but
affecting public property or requiring City support services, for
the purpose(s) of entertainment, celebration, amusement, cultural
recognition, arts and crafts displays and/or sales, amateur sports
demonstration or competition, or similar activities generically considered
recreational in nature. Examples include, but are not limited to,
ethnic festivals, street fairs, street art shows, public celebrations,
outdoor concerts, parades, road races, walk-a-thons, and any outdoor
event that employs the use of amplified music or sound.
[Amended 8-26-2019]
A peddler conducting business during a special event with
the written permission of the event sponsor.
The individual, group of individuals, corporation or other
entity responsible for organizing the event.
Those which can or must be provided by the City to ensure
that a special event is conducted in such a manner as to protect the
safety, health, property and general welfare of its citizens. Examples
include fire protection, crowd management and control and traffic
management and control.
It shall be unlawful for any person, firm, corporation,
association, group or organization within the corporate limits of
the City of Jamestown to conduct a special event or to act as a special
event vendor as herein defined without first having obtained and paid
for and having in force and effect a valid, current permit or license
therefor.
[Amended 11-17-2003; 11-26-2007]
A.
Application for special event permit. The sponsor
of the special event must submit a completed application form to the
City Clerk/Treasurer. All applications are to be submitted on the
forms provided by the City Clerk/Treasurer. The City Clerk/Treasurer
shall be responsible for the processing of all applications and shall
notify the applicant of any additional required materials and information.
Any application submitted less than 30 days prior to the event shall
be subject to late fees. No application form shall be accepted by
the City Clerk/Treasurer if any event sponsor owes any outstanding
fees or fines to the City until such fees or fines, along with any
application fees required to be paid pursuant to this chapter, are
paid in full.
[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 8-26-2019; 11-25-2019 by L.L. No.
1-2020]
B.
City costing process. The completed forms shall be
distributed to the appropriate City departments, which will estimate
the additional costs that would be incurred as a result of the event.
This information may be used in establishing terms and conditions
under which an event may be conducted when the use of police or other
City personnel is appropriate, possible and not in conflict with any
other administrative policies and procedures and/or labor agreements.
C.
Application for special event vendor license. The sponsor of a special event may authorize vendors to operate within the defined area of the special event. Local businesses located outside the designated confines of the special event will be required to obtain written authorization from the event sponsor to operate as a vendor. Nothing in this chapter shall be interpreted to modify or diminish the rights of individuals holding a valid encroachment permit pursuant to § 175-3B of this Code to utilize such encroachment permit during a special event.
[Amended 11-27-2012; 8-26-2019]
D.
The application for a special event vendor license
must be submitted on the forms provided by the City Clerk/Treasurer.
Said application, signed by the event sponsor, must be submitted by
the event sponsor to the City Clerk/Treasurer, along with the appropriate
fees, no less than one day prior to the date of an approved event.
Upon receipt of a properly completed application, the City Clerk/Treasurer
shall issue a special event vendor license. Said license shall be
prominently displayed or carried by the vendor at all times during
participation in the special event.
[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 8-26-2019; 11-25-2019 by L.L. No.
1-2020]
[Amended 11-17-2003; 11-26-2007; 11-27-2012; 8-25-2014; 8-26-2019; 11-25-2019 by L.L. No. 1-2020]
The fee for a not-for-profit special event vendor license shall
be $30 per day per vendor. The fee for a for-profit special event
vendor license shall be $60 per day per vendor. There shall be no
fee for a special event vendor license for any business principally
located within the corporate limits of the City of Jamestown. All
special event vendor license fees shall be paid by the event sponsor
at the time of filing of the special event application or of any special
event vendor license applications. The City Clerk/Treasurer shall
not accept any application for filing unless the fee therefor has
been paid.
[Amended 8-26-2019]
The Public Safety Committee of the Jamestown
City Council will review all special event applications and shall
be authorized to either approve or deny said applications, and shall
report their decisions to the City Council at large. Any member of
the City Council may move for a vote by the City Council at large
to confirm or overturn a decision of the Public Safety Committee either
to approve or deny a special event application.
[Added 8-26-2019[1]]
Any public market or farmer's market, as those terms are defined
in § 260 of the Agriculture and Markets Law, as well as
any participating vendors in such markets, shall be subject to permitting
pursuant to this chapter; provided, however, that any vendor authorized
by the sponsor of such public market or farmer's market who is engaged
in the sale of farm and food product, as that term is defined in § 260
of the Agriculture and Markets Law, as well as any vendor engaged
in the sale of homemade or hand-crafted goods, shall not be subject
to a vendor fee.
[Added 8-26-2019]
The granting of a special event permit by the Public Safety Committee and/or City Council pursuant to this chapter shall temporarily suspend the application of any conflicting sections of this Code to the extent that anticipated violations of such other sections are either expressly addressed by, or were reasonably foreseeable upon review of, the special event application, including but not limited to the provisions of: Chapter 198, Peace and Good Order, except § 198-4, Disorderly conduct; Chapter 300, Zoning; and Chapter 290, Vehicles and Traffic. It shall be presumed that by granting the special event permit, the City Council, through the Public Safety Committee or by its own action at large, has considered the impact of such anticipated and foreseeable violations on the general public and/or public property, has determined that the granting of a special event permit is in the public interest, and intends to so suspend the application of such conflicting sections of this Code that would otherwise render the special event unlawful. Nothing in this chapter, however, shall be construed to authorize or permit otherwise criminal conduct.
A.
Permits and licenses. Approval to conduct a special
event by this process does not relieve the sponsor or any participant,
including but not limited to foodstands, vendors, peddlers or exhibitors,
from the responsibility of applying for any other permits or licenses
or meeting any other requirements which may be applicable.
B.
Insurance. All events must obtain a liability insurance
policy in the amount of $1,000,000 with the City named as an additional
insured, or a larger amount at the discretion of the City. This insurance
shall satisfy all insurance requirements for the City for holding
the special event. Additional insurance requirements of city departments
shall be considered by the Public Safety Committee in formulating
the amount of coverage required. The insurance policy shall be subject
to the review and approval of the Corporation Counsel of the City.
C.
Due date. All required permits, licenses, security
deposits and insurance policies must be obtained no later than seven
days prior to the date of the event.
A.
Daily time restriction. The hours of operation for
any special event taking place on the streets of the City shall be
between 9:00 a.m. and 10:00 p.m. on any day of the week.
B.
Memorial Day restriction. No special event other than
the Memorial Day Parade shall be permitted to operate in the downtown
area between the hours of 9:00 a.m. and 12:00 noon on Memorial Day.
C.
Safety lane restriction. The placement of any vehicle,
trailer or other installation associated with the special event shall
be directed by the Deputy Fire Chief and the Chief of Police/Director
of Public Safety of the City of Jamestown or their designated representative(s)
to ensure that a safety lane remains open at all times.
[Amended 2-24-2003]
D.
Site maintenance. All areas used must be left in a
clean condition.
E.
Services available from the City. The city will provide
certain equipment and materials to facilitate comfort and control
over the event, subject to availability and the City's prior need
for such equipment and materials.
(1)
Temporary parking signs. All temporary signs for restricting
parking must be posted 24 hours in advance and maintained by the sponsor.
Requests for the necessary materials should be directed to the Jamestown
Police Department, Parking Enforcement Unit, which shall have responsibility
for the initial posting of the temporary signs either through physical
placement or directive as to locations. Any usage of temporary signs
without the authorization of the Parking Enforcement Unit will be
neither recognized nor enforced. Upon the event's completion, all
signs must be taken down by the sponsor and returned to the Parking
Enforcement Unit.
(2)
Barricades. Moveable barricades shall be delivered
to the site where the sponsor or its designated representative shall
sign for their receipt. The cost of replacing lost or damaged barricades
lies with the sponsor.
(3)
Fees. A fee for providing police officers above the
number normally scheduled may be charged. Said fee is to be determined
by the Chief of Police and shall not be in excess of the actual cost.
F.
Other restrictions. The following are prohibited within
the confines of any special event:
(1)
Overnight camping, except for security personnel.
(2)
Unlicensed gambling or illegal games of chance.
(3)
Littering and the use of glass containers.
(4)
Open fires that are not under the guidelines established
by the Fire Prevention Bureau.
(5)
No grease or substance of any kind can be discharged
upon the streets or sidewalks or into the storm drains and sewers.
A.
Fine. Special events shall not be held without the
authorization of the Public Safety Committee nor held in contravention
of the terms and conditions set forth by the Public Safety Committee.
Violation of this chapter may subject the sponsor to a fine of $500
in addition to any other penalty provided in the ordinances or in
any other law on account of commencement of said special events without
required permits, licenses or authorization.
B.
Closing of unauthorized special events. The Police
Chief may close any special event conducted without authorization
of the Public Safety Committee, and the sponsors and participants
may be subject to arrest.
C.
Closing of events due to public safety hazard. The
Police Chief/Director of Public Safety, the Deputy Fire Chief or their
designated representative(s) may close any special event or any portion
of a special event that is subsequently determined to be an imminent
hazard to the public health, safety or welfare.
[Amended 2-24-2003]
A.
Block parties as herein defined are excluded from the provisions of this policy. Applications for block parties are to be submitted to the City Clerk's Office on such forms as are approved by the City Council Public Safety Committee and provided by the City Clerk's Office. Such applications shall then be referred to the Public Safety Committee for review and action. Payment of a street obstruction fee in accordance with Chapter 175 of the City Code shall be due upon filing the application. All requests shall comply with the requirements established by the Public Safety Committee in conjunction with the following guidelines:
[Amended 8-26-2019]
(1)
Utilizing
such forms as are approved by the Public Safety Committee and provided
by the City Clerk's Office, the organizer of a block party shall notify
all property owners/residents of the street(s) to be shut down of
the terms of the proposed event and shall obtain the signatures of
a majority of those property owners/residents consenting to the block
party taking place.
(2)
A
fire lane sufficient for access by emergency/public safety personnel
and vehicles shall be maintained at all times during the block party.
(3)
Block
parties shall conclude no later than 9:00 p.m. with all barricades
removed, the street cleared of all debris and obstructions, and normal
traffic resumed at that time.
(4)
The
City Council Public Safety Committee shall have the authority to modify
any of the guidelines provided herein or set additional requirements
as are appropriate to the proposed block party.
B.
City events. Events initiated by and/or sponsored
or cosponsored by the City are excluded from the provisions of this
policy.
C.
Events solely within parks. Events that are held entirely
within the jurisdiction of the Parks, Recreation and Conservation
Commission that do not require the intervention of any other city
department shall be deemed an event sponsored or cosponsored by the
City for the purposes of this chapter and shall be regulated by the
Policy for Use of Park Facilities.
