The City Council finds and determines that public events held
at various times throughout the year and at various venues within
the City of Newburgh enrich the quality of life and enhance the recognition
and celebration of our diverse cultural, historic, spiritual and artistic
heritage. The City Council further finds that providing public spaces
as an appropriate forum for the exercise of free expression is an
affirmative obligation of government under the First Amendment of
the Constitution of the United States and under the Constitution of
the State of New York. The City Council further finds and determines
that a system of organization and review is a necessary and appropriate
method of preserving and protecting public health and safety, protecting
property and facilities, coordinating emergency services and response,
ensuring the flow of communications and transportation, maintaining
compliance with applicable regulations and codes, and preserving public
order while affording opportunity and access to public facilities
in the best interest of the City of Newburgh and its citizens. To
that end, this chapter has as its purpose the lawful, necessary and
appropriate regulation of the time, place and manner of mass gatherings
and public events.
As used in this chapter, the following terms shall have the
meanings indicated:
APPLICANT or SPONSOR
Any person(s) or entity(ies) seeking to hold a mass gathering
or public event which is regulated hereunder and/or is subject to
any provision of law, rule and regulation, or any part thereof, which
is so subject, and which is subject to the review, inspection, regulation
or enforcement of or by the City or other lawful authority.
CITY
Unless otherwise designated, the City of Newburgh and its
authorized officials, officers and employees.
MASS GATHERING AND/OR PUBLIC EVENT
A gathering of 10 or more persons in such manner as shall
have been planned in advance around a central theme or purpose which
uses or occupies space on public premises, including but not limited
to public streets and sidewalks, public parkland, City-owned or -controlled
buildings, public waterways, public airspace, public highways and
thoroughfares, docks, walkways, bridges, mains or transmission lines,
berms, shoulders or lands auxiliary or adjacent thereto, in such manner
as would interfere with, obstruct, preclude or otherwise impact the
normal and ordinary use thereof by the general public, and all such
uses as the City may regulate or control as to time, place and manner
under the provisions of any and all applicable laws, rules and regulations.
Such events shall include but are not limited to festivals, parades,
rallies, fairs, celebrations, ceremonies, marches, demonstrations,
exhibitions, performances, arts and cultural events, and any other
occurrence involving public gathering and/or attendance which is not
otherwise considered a matter of right under prevailing law such as
to be exempt from governmental regulation.
VEHICLE
Any and all types and means, other than human beings of carrying,
transporting, displaying, offering, providing, selling or otherwise
using for commercial purposes wares, goods, merchandise, products,
foods, beverages, crafts, materials, clothing, or other items for
sale or distribution, including but not limited to wagons, carts,
pushcarts, automobiles, trucks, trailers, tables, platforms, benches,
surfaces, or other such means of display and/or sales.
Before issuing any permit as required hereunder, for events
reasonably anticipated to involve more than 100 persons and/or to
include activities defined elsewhere herein as inherently dangerous,
the City may reasonably require the applicant/sponsor to provide a
safety plan designed to protect public health, safety and property
before, during and after said event. Such public safety plan shall
be subject to the prior review and approval of the Chief of Police,
the Fire Chief, the Code Compliance Supervisor, the City's Consulting
Engineer and the City Manager and shall comply with the requirements
of any and all such City and public safety officials acting in their
official capacities and employing their professional judgment on the
basis of their knowledge and experience, and with the provisions of
any and all applicable laws, codes, rules and regulations. Such safety
plan shall include provisions for adequate and sufficient toilet and
sanitation facilities, emergency medical response, communications
and command control, safety and security, and other provisions applicable
to events of such size and nature.
The City shall have the right to determine the times, hours, dates, durations and locations for all such events held on City or public property, which shall be done in consideration of the factors enumerated in §
110-5B hereinabove. The City shall be under no obligation to permit, allow or oversee any event if other events or activities are or will be anticipated to occur on the same day or times within the City and such other events or activities will make demands upon City personnel, properties, equipment or facilities such as to raise the reasonable possibility that the demand upon same may be such as to preclude the City from accommodating multiple events in a lawful, responsible, safe and organized manner. The City shall grant applications for the use of City locations, facilities and sites on a "first-come, first-served" basis and as described hereinabove.
[Amended 9-13-2021 by Ord. No. 5-2021]
A. Denial. The City shall deny applications for permits to hold events
for any one or more of the following reasons:
(1) The applicant has failed to complete and/or satisfy any of the requirements
of the application procedure or has failed to properly complete and/or
submit the application form.
(2) The applicant has failed to pay the required fees and/or provide
the required insurance coverage or security or escrow account or deposit.
(3) The applicant has a prior history of failing to comply with the terms,
conditions and requirements of applicable laws, codes, rules and regulations
in the holding of previous events or procedures applicable thereto.
(4) The applicant has applied for permission to hold the event at such
time and/or place which is not available for any of the following
reasons and no other equivalent, suitable or sufficient place and/or
time is available to hold the proposed event:
(a)
The time and place has been granted to another applicant who
has filed a proper application prior to the subject application.
(b)
The safe and proper conduct and holding of the proposed event
will require the dedication and/or use of City personnel, property,
facilities or equipment at such time as same are not available by
reason of force majeure, including but not limited to extreme weather
conditions, fire, flood, public emergency, riot, labor unrest or other
matters or causes beyond the City's control.
(c)
The applicant has applied to hold the proposed event at a location which is not a traditional public forum and it is not dedicated or suitable for the proposed use or for events involving the exercise of free speech or expression or other activities protected by the First Amendment and/or for any of the reasons set forth in §
110-4B hereinabove.
(d)
The granting of the application to hold or conduct the event
in the time, place and/or manner described in the application and
the holding or conduct of same as so described would result in a violation
of one or more laws, code provisions, rules or regulations or the
civil rights of any individual under federal or state law, including
but not limited to those relating to buildings, electricity and other
forms of energy, fire prevention, sanitation, food and beverages,
toilet facilities, access to medical care, protection of property
rights, protection of fair business practices and economic competition,
public nuisances, noise, parking, intellectual property rights, occupancy,
disorderly conduct, emergency response, and those applicable to the
use of public parks and recreational facilities.
B. In any case where a permit is denied under this section, the City shall provide the applicant with a written denial as set forth in §
110-4C hereinabove, and the applicant shall be entitled to submit an amended application, in compliance with the time frame set forth in this chapter, or a new application.
C. Revocation.
(1) The
City Manager or designee may revoke a permit if the permit holder
fails to abide by the terms and conditions of the permit or upon a
finding of any violation of any applicable rule, ordinance, local
law upon notice to the permit holder as set forth herein.
(2) Any
permit for a public gathering or assemblage, parade or motorcade,
or special event issued pursuant to this chapter may be summarily
revoked by the City Manager or designee at any time when, by reason
of disaster, public calamity, riot or other emergency, the City Manager
or designee determines that the safety of the public or property requires
such revocation.
(3) Notice
of any action revoking a permit shall be delivered by electronic mail
and, as immediately practicable thereafter, by certified mail to the
email address(es) and mailing address(es) listed on the permit application.
The filing of an application and/or the use of City- or publicly
owned property or facilities for an assembly, mass gathering or event
shall be and operate as a release of the City of Newburgh and its
officers, employees and agents from and against any and all claims,
actions, losses, liability or damages of any kind arising out of or
resulting from or caused by the occupancy or use of such property
or facilities by any and all persons or groups participating or involved
in said event, and the agreement of the applicant, sponsor, cosponsor
and organizer, jointly and severally, to indemnify defend and hold
harmless the City of Newburgh and its employees and agents from same.
The granting of permission by the City and/or the use of City-
or publicly owned property or facilities by any person or group or
organization shall in no way be considered an endorsement or any expression
of support, of disagreement or of any position or opinion of the City
whatsoever with respect to the activities, policies, opinions, positions,
precepts or other aspects of the persons or groups organizing, sponsoring,
holding or participating in such event or use, and no person associated
in any way with said event is authorized to or shall make any public
statements or representations concerning the City of Newburgh concerning
same.
If any part, portion or provision of this chapter shall be invalidated
by reason of any law or decision of any court or other agency with
authority or jurisdiction thereover, the remainder shall remain if
full force and effect as the sense thereof may allow.
This chapter shall take effect immediately, as provided by the
Municipal Home Rule Law and other laws of the State of New York.