Village of Tarrytown, NY Article III Sidewalk Musicians

[Adopted 9-4-2012 by L.L. No. 6-2012[1]]

[1] Editor's Note: This local law also revised the name of this chapter from "Sidewalk Cafes and Vending" to "Sidewalk Cafes, Vending and Musicians."

§ 247-16 Intent.

The sidewalk musician regulations as established in this article are designed to allow for sidewalk musicians on public property on the terms and conditions as specified in this article and to promote and protect the public health, safety and general welfare. These general goals include, among others, the following specific purposes:

A. To allow for sidewalk musicians in a specified area of Main Street and to establish regulations for such musicians so that the public can enjoy the music and the music does not negatively impact the residents on Main Street who reside above the commercial establishments on the first floor.

B. To promote sidewalk musicians as an amenity to the restaurants and other businesses on Main Street and throughout the Village.

C. To preserve and enhance the character of the Restricted Retail (RR) District.

§ 247-17 Definitions.

For the purpose of this article, the following terms shall have the following meanings:

SIDEWALK

Any area between the curbline and a structure, whether publicly or privately owned, which is used by the public or open to use by the public.

SIDEWALK MUSICIAN

One person playing a musical instrument without amplification on the sidewalk.

§ 247-18 Permit required; terms and conditions.

A. No person shall play a musical instrument on Village sidewalks except upon the granting of a revocable permit therefor by the Village Administrator pursuant to this article and in accordance with the terms and conditions of such permit.

B. The Village Administrator is hereby authorized to grant revocable permits for the use of the sidewalks for the playing of musical instruments upon the following terms and conditions:

(1) The permit and regulated activity shall be valid only during a single calendar year. All permits, regardless of when issued, shall expire on December 31 and shall be renewed each year thereafter on application of the applicant.

(2) The permitted activity shall be conducted only on Main Street between Broadway and Baylis Court.

(3) The permitted activity shall only be conducted on Fridays, Saturdays, Sundays and holidays during the period from April 1 through October 31 between the hours of 5:00 p.m. and 9:00 p.m.

(4) Only four sidewalk musician permits shall be issued by the Village Administrator for a calendar year. For the purposes of this article, four sidewalk permits shall mean that only four sidewalk musicians shall be allowed to play musical instruments on the street. Permits and the locations occupied by sidewalk musicians shall be determined on a first come, first served basis.

(5) There shall be no more than two sidewalk musicians per block (same side of street) and the sidewalk musicians shall be at least 100 yards apart, regardless of the side of the street on which the sidewalk musician is located.

(6) A sidewalk musician may play a nonamplified musical instrument and may sing along with the playing of the instrument. Two or more musicians shall not be permitted to play musical instruments or sing in a single location pursuant to this article.

(7) Drums shall not be permitted pursuant to this article.

(8) The applicant shall have the consent of the owner of the property and the proprietor of the business, if different than the owner, of the premises in front of which the permit activity is to be conducted.

(9) The sidewalk musician shall place a chair or stand next to the structure and shall not sit or stand next to the curb or obstruct in any way pedestrians walking on the street. The sidewalk musician shall not obstruct ingress or egress to the door of the business in front of which the permit activity is to be conducted.

(10) The sidewalk musician shall not solicit, in any form, payment, tips or donations for his or her performance, including the placement of any type of container or other device on the sidewalk or in the vicinity of the sidewalk musician for the deposit of tips, donations or payments.

(11) The applicant shall agree, on a form approved by the Village Attorney, to indemnify and save harmless the Village of Tarrytown, its officers, agents and employees from and against any claim of loss, liability or damage by any person arising as a result of the applicant's playing of a musical instrument on the sidewalk.

§ 247-19 Application for permit.

A. Application for a permit pursuant to this article shall be made at least 14 days prior to the intended date(s) of the playing of a musical instrument on a form designated by the Village Administrator. Such form shall contain at least the following information:

(1) The name and address of the applicant.

(2) The proposed site for the activity.

(3) The printed name, address and signature of the owner of the property.

(4) The printed name, address and signature of the proprietor of the business in front of which the permit activity is to be conducted.

B. The application shall be accompanied by an application fee as set forth by resolution of the Board of Trustees in the Master Fee Schedule, which may be amended from time to time.[1]

[1] Editor's Note: The Master Fee Schedule is available for review in the Village offices.

§ 247-20 Determination on application.

The Village Administrator shall grant or deny an application for a permit pursuant to this article within 14 days of its complete submission.

§ 247-21 Notice of violation; denial, revocation or suspension of permit; sanctions.

Upon a finding by a Village Code Enforcement Officer that the applicant has violated any provision of this article or the terms and conditions of the permit, the Code Enforcement Officer shall give notice to the applicant to correct such violation or cease such practice within 24 hours. If the applicant fails to comply with such notice, the Code Enforcement Officer may suspend the permit for a period not in excess of 30 days, during which time the applicant shall be entitled to a hearing before the Village Administrator, at which the applicant may be represented by counsel, to present evidence in his or her behalf and confront the evidence against him or her. If, upon considering the evidence presented at the hearing, the Village Administrator adheres to the finding, the Village Administrator may reinstate the permit with additional conditions related to the violation or improper practice which has been found or revoke the permit and forfeit the applicant's cash deposit.

§ 247-22 Reservation of rights.

Neither the adoption of this article nor the granting of any permit pursuant hereto shall be construed as a waiver of any right, privilege or immunity of the Village of Tarrytown with respect to streets and sidewalks, whether express or implied.

§ 247-23 Penalties for offenses.

Any person who shall violate any of the provisions of this article shall be liable to prosecution in the Village Justice Court and may, upon conviction thereof, be liable to a fine that shall not exceed $500, imprisonment for not more than 15 days for each such offense, or both such fine and imprisonment.