[Adopted 4-9-2001 by Ord. No. 11-2001[1]]
[1]
Editor's Note: This ordinance provided that it shall take
effect 5-1-2001.
No persons shall be allowed to enter the stadium except for
attendance at and the going to and from bona fide City of Newburgh
sanctioned or approved activities, or in the course of the preparation
for and cleaning after such activities and except for City employees
on official business, unless they have first obtained a permit as
provided in this article.
A.
The stadium shall be under the management of the City Manager or
the City Manager's designee under the general supervision of the City
Manager.
[Amended 4-12-2010 by Ord. No. 4-2010]
B.
The stadium may be used by all City departments, boards and agencies
and also by other public or private groups and organizations upon
the issuance of a permit by the City Manager pursuant to this article,
and further provided that all events and/or programs sponsored by
groups and organizations not City departments, boards and agencies
shall abide by the terms and conditions set forth in this article.
[Amended 4-12-2010 by Ord. No. 4-2010; 5-9-2011 by Ord. No.
12-2011]
A.
The stadium may be used only for events and/or programs open to the
general public and not for any private purpose.
B.
The stadium must be left in a clean and undamaged (other than usual
wear and tear) condition after use. The group or organization using
the stadium is responsible for cleaning and repair of the stadium
to the satisfaction of the City Manager or the City Manager's designee.
C.
No City-owned equipment or property is to be removed from the stadium
nor shall the stadium be damaged.
D.
No alcoholic beverages may be served, distributed, used or possessed
in the stadium on City property.
E.
The number of persons occupying the stadium shall not exceed the
maximum legal occupancy established by the Fire Department.
F.
No group or organization using the stadium shall discriminate against
persons seeking access to an event and/or program open to the public
on the basis of race, sex, creed, color or national origin.
G.
City employees shall have access to the stadium at any time, including
during any event and/or program, for performance of their official
duties. City employees, in the performance of their official duties,
shall have the right to eject any individual from the stadium or to
cancel or terminate, without notice, any event and/or program for
violation of this article or any other City ordinance or any other
provision of county, state and/or federal law.
H.
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.
[Amended 16-20-2005 by Ord. No. 4-2005; 4-12-2010 by Ord. No.
4-2010; 6-14-2010 by Ord. No. 10-2010; 5-9-2011 by Ord. No.
12-2011]
A.
All requests to use the stadium 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 for such use, except that all requests to use the stadium 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 following fees as set forth in Chapter 163, Fees, of this Code:
(1)
A nonrefundable permit application fee;
(2)
A usage fee; and
(3)
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.
B.
In addition to the usage fee set forth above, there shall be a fee for the use of the Multi-Purpose Building as required by § 220-17 of this chapter.
C.
All requests by the Greater Newburgh City School District, or the
individual schools thereof, shall be approved pursuant to a separate
agreement between such school district and the City of Newburgh.
D.
For purposes of such usage fees, each calendar day that an event
and/or program is held shall be considered a separate event and/or
program requiring a separate usage fee. The usage fee shall be refunded
if the request for use is denied, but shall not be refunded if the
request for use is approved but the stadium is not used for the period
of time requested. City departments, boards and agencies shall be
exempt from these fees.
E.
Any organization requesting to pay the usage fees 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 the City Manager's designee's written findings on such issue shall
be included in the permit issued for use of the facility. Any person
aggrieved by the decision of the City Manager or the City Manager's
designee on this issue may appeal such decision, in writing, to the
City Manager within 10 days of the issuance of such permit. All decisions
of the City Manager shall be final.
[Amended 4-12-2010 by Ord. No. 4-2010; 5-9-2011 by Ord. No.
12-2011]
A.
Upon receipt of all items and deposits required in § 220-34 of this article, the City Manager or the City Manager's designee shall approve or deny the application and, in the event such application is approved, issue a permit for such use. In the event that two or more groups or organizations request the use of the stadium on the same date, the City Manager or the City Manager's designee shall decide which groups' or organizations' requests shall have priority, giving preference in such decision to those groups or organizations in which residents of the City of Newburgh comprise 50% or more of such group's or organization's membership.
B.
The City Manager shall approve or deny the application based upon
the following criteria:
(2)
The failure to comply with any provision of this article or any other
provision of law during any past use of the stadium by the applicant
or any individual associated with the applicant;
(3)
Reasonable cause to believe that the proposed use would pose an unreasonable
risk of causing bodily injury to the participants in the proposed
event and/or program, the spectators thereto, and/or to the general
public;
(4)
Reasonable cause to believe that the proposed use would pose an unreasonable
risk of causing property damage to the stadium, the property of the
City of Newburgh and/or the property of any other person;
C.
No permit granted hereunder shall be deemed to include the right
to use the stadium for sale of food, beverages, novelties, souvenirs
or any other item by the applicant or any other person. The right
to all such uses shall be pursuant to separate contract(s) entered
into with the City Manager or the City Manager's designee with the
prior approval of the City Manager.
[Amended 3-10-2003 by Ord. No. 5-2003; 6-20-2005 by Ord. No.
4-2005; 4-12-2010 by Ord. No. 4-2010; 6-14-2010 by Ord. No.
10-2010; 5-9-2011 by Ord. No. 12-2011]
A.
All requests to use the stadium 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 for such use, except that all requests
to use the stadium 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.
B.
All groups or organizations using the stadium, except City departments,
boards or agencies, shall be deemed to agree by such use:
(1)
To pay their own cost of all personnel, supplies and equipment necessary
and proper for the maintenance of the field as is required by their
use thereof.
(2)
To return the field and stadium to the City in a clean condition
free of all equipment, garbage and debris and repair all damage incurred
to the field and diamonds during the period of use.
(3)
To maintain general liability and property damage insurance with
an insurance company authorized to do business in the State of New
York written on an occurrence basis and to present a certificate of
insurance approved by the City Manager indicating that the City of
Newburgh is named on the policy as a named insured in the amounts
of not less than $1,000,000 for injuries including wrongful death
to any one person and subject to the same limit for each person, in
an amount not less than $3,000,000 on account of any one occurrence,
and in an amount not less than $500,000 for damage on account of all
occurrences related to property damage.
(4)
To report any accident to the Office of the City Manager as soon
as possible and not later than 24 hours from the time of such accident.
A detailed written report must be submitted to the City as soon thereafter
as possible and not later than three days after the date of such accident.
(5)
To be financially solvent and experienced and competent to perform
the type of work or to furnish the consideration to be furnished by
it.
(6)
To be familiar with all federal, state, municipal and department
laws, ordinances and regulations which may in any way affect the work
or play of those employed or engaged therein, but that there is no
right to control the actions of City employees nor any duty to supervise
the actions of City employees.
(7)
That the relation of the group to the work to be performed by it
under this section shall be that of an independent contractor. As
an independent contractor, all groups and organizations will be responsible
for all damage, loss or injury to persons or property that may arise
in or be incurred during the conduct and progress of said performances,
whether or not the group or organization, its agents or employees
have been negligent; that it shall held and keep the City free and
discharged of and from any and all responsibility and liability of
any sort or kind; that it shall assume all responsibility for risks
or casualties of every description, for loss, death or injury to persons
or property arising out of the nature of the performance, other than
those wholly caused by acts of God or preexisting conditions; that
it shall make good any damages that may occur in consequence of the
performances or any part of it and shall assume all blame, loss and
responsibility of any nature by reason of its neglect or violation
of any federal, state, county or local laws, regulations or ordinances
applicable to the group or organization and/or the nature of its performance.
(8)
To indemnify and save the City, its officers, agents and employees
harmless from any liability imposed upon the City, its officers, agents
and/or employees arising from its negligence, active or passive.
D.
All games played by the City of Newburgh Little League Baseball Program
shall be approved pursuant to a separate license agreement between
the program and the City of Newburgh.
E.
All groups or organizations using the stadium, except City departments,
boards or agencies, may operate concessions in a designated area of
this diamond under the following terms and conditions:
(1)
To use and occupy the designated area for no other purposes than
for the sale of hot and cold foods, ice cream and ice cream products
for public use; prior to beginning use of the designated area, to
obtain from the Orange County Department of Health all permits and
licenses necessary to sell food and beverages and provide the City
with proof that such permits and licenses have been obtained; at its
own cost and expense, to furnish all labor, food and nonalcoholic
beverage supplies.
(2)
Nothing herein contained shall prohibit City employees or the public
from bringing food or nonalcoholic beverages into the diamond for
personal consumption.
(3)
The sale of any product which is bottled or otherwise packaged in
a glass container is prohibited.
(4)
At all times, to comply with all rules and regulations adopted by
the City for the operation of the concession which are now in force
or which may be hereafter adopted; to comply with all rules, regulations,
laws and ordinances promulgated by the County of Orange and State
of New York, including but not limited to the rules and regulations
of the Orange County Department of Health; to comply with all laws
of the State of New York and the rules and regulations promulgated
thereunder.
(5)
That the group or organization is an independent contractor and not
an employee of the City and that any persons employed, retained or
engaged by the group or organization to perform the services authorized
hereunder shall be employees of the group or organization and not
of the City. The group or organization shall inform persons so employed,
retained or engaged of these facts.
(6)
To assume all risk in the operation of this service and to be solely
responsible and answerable in damages for all accidents or injuries
to person or property and to indemnify and keep harmless the City
and Department of Recreation of the City of Newburgh and its officers
and employees from any and all claims, suits, losses, damage or injury
to persons or property of whatsoever kind and nature, whether direct
or indirect, arising out of the use of the stadium under this section
or the carelessness, negligence or improper conduct of the group or
organization or any servant, agent or employee, which responsibility
shall be limited to the insurance coverage herein provided for.
