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City of Newburgh, NY
Orange County
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Table of Contents
Table of Contents
[Adopted 11-22-1982; amended 1-23-1989 by Ord. No. 5-89[1]]
[1]
Editor's Note: This ordinance also renumbered former §§ 220-17 through 220-20 as §§ 220-20 through 220-23.
No person shall be allowed in the Recreation Park between the hours of 10:00 p.m. and 6:00 a.m., except for attendance at and going to and from bona fide City of Newburgh sanctioned activities and City employees on official business.
[Amended 4-12-2010 by Ord. No. 3-2010]
A. 
The Multi-Purpose Building shall be under the management of the City Manager or the City Manager's designee under the general supervision of the City Manager.
B. 
The Multi-Purpose Building may be used by all City departments, boards and agencies and also by non-City groups and organizations, including but not limited to Club 60, provided that all events and programs sponsored by non-City groups and organizations must be cosponsored by and approved by the City Manager or the City Manager's designee.
[Amended 10-10-1989 by Ord. No. 28-89; 10-28-1991 by Ord. No. 44-1991; 4-9-2001 by Ord. No. 8-2001; 4-22-2002 by Ord. No. 10-2002; 6-20-2005 by Ord. No. 5-2005; 4-12-2010 by Ord. No. 3-2010; 6-14-2010 by Ord. No. 10-2010; 5-9-2011 by Ord. No. 12-2011]
A. 
Written requests for use; fees.
(1) 
All requests to use the facility, except by City departments, boards or agencies, shall be submitted in writing to the City Manager or the City Manager's designee no fewer than 30 days prior to the date requested and shall be accompanied by the following fees as set forth in Chapter 163, Fees, of this Code:
(a) 
A nonrefundable permit application fee.
(b) 
Usage fees.
(c) 
A refundable damage fee to be used for any necessary replacement and/or repair costs of the building and its equipment beyond normal wear and tear. Within a reasonable time after completion of an event and/or program, the City Manager or the City Manager's designee shall provide to the applicant an invoice of hours, supplies and equipment expended in the cleaning and repair of the building necessitated by such event and/or program. In the event such invoice demonstrates costs in excess of the security deposit paid, the applicant shall pay the total cost of such excess within 30 days of the presentment of the invoice. In the event such invoice demonstrates costs less than the security deposit paid, the City shall refund the overage within 30 days of the presentment of the invoice.
(2) 
Any organization requesting to pay the usage fees as set forth for organizations whose membership is more than 50% residents shall, at the time of their request to use the facility, submit to the City Manager or the City Manager's designee, in a form acceptable to him/her, proof that the organization is one in which residents of the City of Newburgh comprise 50% or more of such organization's membership. The City Manager or City Manager's designee's written findings on such issue shall be included in the permit issued by him for use of the facility. Any person aggrieved by the decision of the City Manager or the City Manager's designee or this issue may appeal such, in writing, to the City Manager within 10 days of the issuance of the permit. All decisions of the City Manager shall be final.
(3) 
The fees listed in Chapter 163, Fees, for this section shall be refunded if the request for use is denied, but shall not be refunded if the request for use is granted but the facility is not used for the period of time requested.
B. 
(Reserved)
C. 
All groups requesting use of the facility, except City departments, boards or agencies, shall agree to indemnify the City for any liability to persons or property or damage to the facility resulting from the group's use of the facility.
D. 
Any group or organization applying to use the building must present to the City, before the application is approved, a certificate of insurance with an insurance company which is authorized to do business in the State of New York written on an occurrence basis and approval of the City Manager. The certificate must indicate that the City of Newburgh is named on the policy as a named insured. The certificate must also indicate that the policy may not be canceled without at least 10 days' notice to the City Manager, who shall be specified as the representative of the City. The required insurance coverage shall be in the form of a general liability insurance policy for bodily injury and property damage in the amount of at least $500,000 for each occurrence and $1,000,000 aggregate for bodily injury and $50,000 each occurrence and $100,000 aggregate for property damage.
E. 
In the event that several groups request the use of the facility on the same date, the City Manager or the City Manager's designee shall decide which group's request shall have priority.
A. 
The facility may be used only for events benefiting the public and not for private purposes.
B. 
Rules for use of the facility.
(1) 
The facility must be left in a clean condition after use. The group using the building is responsible for cleanup of the facility to the satisfaction of the City Manager or the City Manager's designee.
[Amended 4-12-2010 by Ord. No. 3-2010]
(2) 
No City equipment or property is to be removed from the facility or damaged.
(3) 
No alcoholic beverages may be served, distributed or used in the facility or on City property.
(4) 
The number of persons occupying the facility shall not exceed the maximum legal occupancy established by the Fire Department.
(5) 
No group using the facility shall discriminate against persons seeking access to an event open to the public on the basis of race, sex, creed, color or national origin.
(6) 
City employees shall have access to the facility at the time and during any meeting or event. The City reserves the right to eject individual attendees or to cancel an event for violation of this article or other City ordinances.
(7) 
The facility may be used during the hours of operation of Delano-Hitch Recreation Park as established by § 220-15 and also during hours when the park is closed, upon approval of the request by the City Manager.
[Added 6-14-2010 by Ord. No. 10-2010; amended 5-9-2011 by Ord. No. 12-2011; 6-18-2012 by Ord. No. 3-2012]
A. 
Use of the City's Aquatic Center shall be at the rates set forth in Chapter 163, Fees, of this Code.
B. 
All requests to use the athletic fields, except by City departments, boards or agencies, shall be submitted in writing to the City Manager or the City Manager's designee no less than 30 days prior to the date requested, except that all requests to use the athletic fields between May 1 and August 31 shall be submitted no earlier than February 1 of the current year. All such requests shall be on a form to be provided by the City Manager or the City Manager's designee and shall be accompanied by the fees set forth in Chapter 163, Fees, of this Code.
C. 
Conditions and rules for use of athletic fields.
(1) 
The City Manager or the City Manager's designee shall have the sole authority to cancel or delay a game(s) due to inclement weather and/or due to unsafe field conditions.
(2) 
No alcoholic beverages shall be served, distributed, used or processed on City property.
(3) 
The City Manager or the City Manager's designee shall determine the hours during which games can be played Monday through Friday and the maximum number of games to be played in a single weekday. On Saturdays, no games shall begin before 9:00 a.m., and games must end no later than 10:00 p.m. On Sundays, no games shall begin before 12:00 noon, and games must end no later than 5:00 p.m.
[1]
Editor's Note: Former § 220-19, Penalties for offenses, was repealed 9-28-1998 by Ord. No. 12-98. See now § 220-27.