Alcoholic beverages — See Ch. 52.
Amusement devices — See Ch. 56.
Bicycles — See Ch. 64.
Peddling and soliciting — See Ch. 154.
ARTICLE IGeneral Provisions (§ 102-1 — § 102-12)
ARTICLE IIOatka Festival (§ 102-13 — § 102-18)
§ 102-5Health and sanitary requirements.
§ 102-6Fire prevention.
§ 102-7Electrical requirements.
§ 102-8Alcoholic beverages; games of chance or skill.
§ 102-9Duration of license; hours of operation.
§ 102-10License revocation.
§ 102-12Penalties for offenses.
As used in this article, the following terms shall have the meanings indicated:
- The Board of Trustees, Village of LeRoy.
- A series of related events or performances conducted on village property, sidewalks, streets and other public rights-of-way, including but not limited to parades, festive activities, cultural events, exhibitions, competitions, collections of shows, live entertainment and other amusement enterprises and/or the dispensation of food which is open to the public at large, but excluding sidewalk sales conducted by the village merchants.
- The permission, in writing, of the Clerk of the Village of LeRoy issued in accordance with the provisions of this article, or other applicable local law, to carry on a festival.
- Every natural person, copartnership, association or corporation, whether profit or nonprofit.
- The person or entity who executes the application of a license to conduct a festival.
- SUPERVISOR OF LICENSES
- The village official or employee designated to be responsible for receiving applications and issuing licenses.
- A person who operates, during the life of the license, a booth or stand or otherwise occupies space in which he conducts games of skill or chance or dispenses food and beverage, merchandise or the like.
- The Village of LeRoy.
The purpose of the article is the regulation through licensing and inspection of festivals and affairs of like nature to be conducted in the Village of LeRoy on public streets, sidewalks, rights-of-way and/or other village property for the protection of the health, welfare and safety of the public in general.
No license for a festival or other activity of a similar nature shall be considered or issued unless and until the sponsor desiring to conduct the affair shall have made and signed a written application to the Village Clerk for an operator's license, in the form provided by the village, and paid the proper fee therefor when required, not less than two weeks prior to the first day of operation of the proposed festival.
The issuance of the festival operator's license shall be further conditioned upon the following:
The sponsor's requesting and obtaining from the Mayor of the Village of LeRoy permission to close the street or streets necessary to conduct the festival.
The sponsor's requesting and obtaining from the Village Board of Trustees of LeRoy permission to use property owned by the village, as well as sidewalks and other rights-of-way.
The sponsors and/or vendors executing an indemnification agreement on behalf of the village, substantially as follows: "The sponsor and/or vendor hereby represent, stipulate, contract and agree that they do jointly and severally indemnify and hold harmless the Village of LeRoy against liability for any and all claims for damages to property or injury to or death of persons arising out of or resulting from the issuance of the license or conduct of the public at and during the life of the festival."
Approval by the Fire Department, upon a satisfactory examination of the proposal, with respect to compliance with regulations as hereinafter set forth in the fire prevention section of this article.
Approval by the Chief of Police, or his alternate, of the crowd control plan upon the presentation of a written proposal.
The sponsor depositing with the Village Clerk at the time of the filing of the application, in cash or by certified check made payable to the Village of LeRoy, the sum of $500 to guarantee that upon the termination of the festival the general area where the affair has been conducted will be left in good condition, cleaned up and cleared of all paper, waste material and debris within two days from the termination of the festival. If the sponsor fails to meet this requirement, the village, in its discretion, shall clean and restore the area to prefestival condition, deducting the moneys spent thereon from the deposit aforementioned. This provision may be waived by the Board of Trustees, upon application.
If the sponsor is determined to be a wholly nonprofit entity, a minimum licensing fee of $10 shall be charged. This provision may be waived by the Board of Trustees, upon application. A fee of $100 shall be charged in all other instances for a festival operator's license.
The fee for a vendor's license shall be the sum of $10 per day. This fee shall not apply in an instance where the sponsor is a wholly nonprofit entity, nor shall it apply in those cases where the vendor and the sponsor are one and the same.
The preceding fees shall be payable in advance to the Village Clerk.
In addition thereto, vendors intending to operate food and beverage stands shall be required to obtain a license, if required, from the County Health Department, County of Genesee, and pay any fee required by the health and sanitary laws of the State of New York and the County of Genesee.
All health and sanitary requirements, regulations and licensing shall be adhered to by the sponsors and/or vendors of the festival, as provided for in the sanitary codes of the Village of LeRoy, the County of Genesee and the State of New York, which are incorporated by reference herein as if fully set forth.
In addition thereto, the operator of a festival shall provide a sufficient number of temporary or permanent toilet facilities for the use of vendors and the use of the public, such number to be determined in the discretion of the Village Clerk.
The sponsor and/or vendors shall, with the consent of the Fire Department and the Superintendent of Public Works, be authorized to install, hood and connect to fire hydrants specially marked by the Fire Department a master hose or water-carrying device to supply water to booths and stands operating at the festival, subject to the following provisions:
The Fire Department, together with Superintendent of Public Works, shall determine which fire hydrants will be used as hereinabove stated.
The sponsor and/or vendors shall maintain all fire hydrants within the perimeter of the festival free and clear of any obstruction, with the closest object located next to a fire hydrant at no less than two feet in any direction from its geometrical center.
The sponsor and/or vendors shall meet and observe at all times the requirements of the Water Department of the Village of LeRoy.
The sponsor and/or vendors, while operating a booth or stand in which there is heating or cooking apparatus for the preparation of food shall keep at all times, in a visible, easily accessible location within the booth or stand, a fully charged fire extinguisher of the kind classified as "abc."
All doors or gates on entrances to and exits from the premises where the festival shall be conducted shall be kept open and unobstructed during the hours of operation of the festival in order to facilitate the rapid ingress or egress of all persons attending in case of emergency.
It shall be the duty of the sponsor, before the license shall be issued, to provide the Village Clerk, the Fire Department and the Police Department with a sketch depicting the following:
Location of all fire hydrants within the perimeter of the festival.
The physical layout of booths, stands, amusement rides and the lanes of traffic that shall hereinafter be set forth, showing the dimensions of said booths and stands and the location and size of the area which the amusement rides will occupy.
After the sponsor has assigned the individual booths and stands to the vendors and the areas used for amusement rides to the operators, it shall be the duty of said sponsor, by the end of the first day of the festival, to provide the Village Clerk with a list in which the names, addresses and locations of the vendors and operators of amusement rides shall be set forth.
It shall be the obligation and duty of the sponsor to maintain during the duration of the festival an unimpeded and unobstructed lane for emergency traffic, at least 10 feet in width, for the rapid ingress and egress of vehicles required for emergencies or other governmental purposes.
All electrical requirements, regulations and licensing shall be adhered to by the sponsors and/or vendors of the festival, as provided for in the electrical and building codes of the Village of LeRoy which are hereby incorporated by reference as if fully set forth. Should use of village meters be desired, prior arrangements shall be made with the Village Clerk.
No alcoholic beverages shall be sold, served or consumed and no games of skill or chance shall be conducted during the operation of the festival unless and before the sponsor or the vendors obtain a proper and legal license to dispense alcoholic beverages and/or conduct games of skill or chance from the State of New York, the County of Genesee, the village or any other regulatory agency.
The sponsor and vendors receiving such licenses to dispense alcoholic beverages and/or conduct games of skill or chance shall be conclusively presumed to be cognizant of the provisions of the Alcoholic Beverage Law of New York, of state rules and regulations in regard thereto and all applicable federal, state and municipal laws, rules and regulations regarding the operation of games of skill and chance, all of which are incorporated herein by reference as if fully set forth.
The duration of a license for a festival shall be for not more than five consecutive days, after which period it shall lapse.
The earliest hours at which it shall be lawful to begin operation of a festival in the village shall be 11:00 a.m., Monday to Saturday, and 1:00 p.m. on Sundays. Closing time shall not be later than the closing time permitted by the Alcoholic Beverage Laws.
The operator's license or any vendor's license may be revoked by the Village Clerk at any time during the life of such license for any violation by the operator or individual vendor of any provision of this article or any violation of the Code of the Village or any other applicable state or federal law, in addition to the penalties set forth in the general penalties section of this article.
Anything to the contrary in this section notwithstanding, in the cases of revocation of food and beverage vendor's licenses, such revocation shall be at the discretion of the appropriate health or regulatory authority.
Before any license shall be granted, the sponsor shall provide and deposit with the Village Clerk a public liability insurance policy in an amount of $100,000 single limit, naming the sponsor and the Village of LeRoy as coinsured.
In addition thereto, the sponsor shall hold the village harmless from any and all claims or judgments recovered against him or the village in any court of competent jurisdiction in excess of the amount of insurance required by the village, or if the maximum is required, for all claims in excess of $1,000,000 single-limit liability insurance policy.
A violation by the sponsor or the vendors of the provisions of this article, upon conviction thereof, in addition to the forfeiture of the license, shall be punishable by a fine not to exceed $500 or by imprisonment not exceeding 15 days or both per violation, such fine and imprisonment to be in the discretion of the court.
§ 102-17Conduct prohibited.
This article shall be known as, and may be cited as, the "Oatka Festival Grounds Law" of the Village of LeRoy.
The Village Board of Trustees of the Village of LeRoy finds that the health, safety and general public of the residents, businesses and visitors of the Village of LeRoy are promoted by the establishment of standards and regulations in the form of local legislation regulating some conduct of visitors, residents, patrons, vendors and other participants at the Oatka Festival.
The Village Board of Trustees hereby finds that in previous years some people who participated in or visited the annual Oatka Festival have brought pets onto the festival grounds, that some such pets scared or intimidated other patrons and guests, especially small children; that some people who participated in or visited the Oatka Festival rode bicycles on festival grounds or roller-skated, skateboarded or roller-bladed on the grounds or on sidewalks adjacent to said grounds in such a manner as presented a danger to other patrons and/or participants.
The Village Board of Trustees hereby finds that new local legislation prohibiting such conduct within the festival grounds is desirable to help protect the public health and safety and promote the general welfare of those persons in attendance at the annual Oatka Festival.
As used in this article, the following terms shall have the meanings indicated:
- OATKA FESTIVAL GROUNDS
- The Oatka Festival grounds shall include:
All of Trigon Park, being bordered by East Main Street on the north and the village street known as "Trigon Park" on the west, south and east.
The lands owned by the LeRoy Central School District bounded on the north by East Main Street and Trigon Park, on the west by Wolcott Street, on the south by Stanley Place and the rear property lines of lots fronting on Lincoln Avenue, and on the east by the rear property lines of lots fronting on South Street and by the property of the United Methodist Church of LeRoy, New York.
The lands owned by the Village of LeRoy on the east bank of Oatka Creek bounded north by Main Street bridge, east by Wolcott Street, west by Oatka Creek and south by the north boundary of lands now owned by James and Marjorie Fulmer.
- The word "pets" shall have its normal meaning, except that as used herein it shall specifically exclude Seeing Eye dogs or other such dogs or animals specifically trained to guide and assist blind or other handicapped persons, or any pet or animal that is a part of an act or exhibitor's presentation participating in the Oatka Festival. Thus, Seeing Eye dogs and other similar guiding animals are permitted on festival grounds, as are animals that are a part of or are participating in the Oatka Festival with an organized, participating group or exhibition.
No person shall bring or permit to be brought, or cause to be brought, any pet onto Oatka Festival grounds between the hours of 7:00 a.m. and 6:00 p.m. EDT on the Saturday, and between the hours of 7:00 a.m. and 6:00 p.m. EDT on the Sunday of the Oatka Festival as such dates are authorized by the Village Board of Trustees of the Village of LeRoy for each year once this article becomes effective.
No person shall ride a bicycle or roller-skate, roller-blade, skateboard or in-line skate upon Oatka Festival grounds between the hours of 7:00 a.m. and 6:00 p.m. EDT on the Saturday, and between the hours of 7:00 a.m. and 6:00 p.m. on the Sunday of the Oatka Festival as such dates are authorized by the Village Board of Trustees of the Village of LeRoy for each year once this article becomes effective.
Any peace officer or police officer, as those terms are defined by New York State statute, shall have the authority to capture any stray animal or pet found to be on Oatka Festival grounds during the hours specified in Subsection A above. Ownership of such stray animal or pet shall be prima facie evidence that such owner caused or permitted such animal or pet to be on Oatka Festival grounds in violation of Subsection A above.
Any person who violates or disobeys the provisions of this article, or who permits such noncompliance, or neglects or refuses to comply with its terms shall be guilty of an offense and, upon conviction thereof, shall be subject to a fine of not more than $100.