[HISTORY: Adopted by the Town Board of the Town of Batavia 8-16-2017 by L.L. No. 3-2017. Amendments noted where applicable.]
GENERAL REFERENCES
Parks — See Ch. 169.
A. 
Any and all usage of the Town of Batavia buildings by outside organizations not affiliated with the Town of Batavia shall be permitted upon written application filed with the Town Clerk, subject to compliance with the requirements of this policy.
B. 
Applications for use shall be made no sooner than 60 days prior to the applied-for date of occupancy.
The Town will permit the use of the Town's facilities and its grounds, when not in use for Town business, by outside organizations (hereinafter "users") for any of the following purposes:
A. 
For instruction in any branch of education, learning or the arts.
B. 
For meetings of community organizations, volunteer or otherwise, which serve Town residents.
C. 
For meetings of other federal, state and local governments, including veterans' organizations.
The Town and users shall keep all exits clear at all times, and the authorized maximum occupancy posted shall be strictly observed. All users shall inform participants of the location of exits and emergency response equipment.
Users shall keep the grounds and facilities clean and neat, and users shall be responsible for any loss or damage to the demised premises and its equipment as well as the avenues of ingress and egress thereto. Upon completion of the use of the grounds or facilities by the user, the same are to be returned to the same condition as existed prior to the occupancy by the user.
The Town of Batavia will not be held responsible for any articles lost or stolen during the occupancy of the user.
The user assumes the responsibility for keeping and maintaining order while occupying Town grounds and/or facilities. The user shall immediately vacate the grounds or facilities upon a violation of any law or this policy, the purpose of which is to preserve the public peace and good order, by the user and/or its participants, guests or invitees.
Fees, deposit requirements, procedures and rules for the use of Town facilities pursuant to this policy shall be set and/or amended from time to time by the Town Board, by resolution.
All costs resulting from the user's failure to clean or return the premises to its preoccupancy condition as required by § 110-4 of this policy, or resulting from damage to the premises by the user or its participants, guests or invitees, shall be charged against the security deposit. If the deposit is not sufficient to cover all such costs, the user shall reimburse the Town for same within 30 days after demand by the Town. Failure of the user to reimburse the Town after due demand will result in immediate termination of the user's right to use the premises, and the Town may commence an action in a court of competent jurisdiction to recover monetary losses resulting from the user's failure to reimburse the Town. In the event the Town must sue the user as above, the user agrees to be responsible for all costs of the action, including but not limited to reasonable attorneys' fees.
All garbage and trash created by users shall not be left behind, dumped or disposed of on Town property.
Users shall obtain, at said user's expense, general liability insurance in form, content and amount satisfactory to the Town of Batavia, for protection against claims of personal injuries, including death or damage to property arising out of the use of any Town facility. Said insurance shall be issued by a reputable insurance company, authorized to do business in the State of New York, and said policy shall also name the Town of Batavia as an additional insured. The policy shall provide that in the event of cancellation or modification the insurer shall provide the Town with at least 10 days' written notice of such cancellation or modification. In no event shall such liability insurance exclude from coverage any municipal operations or municipal property.
The user agrees to indemnify and hold harmless the Town of Batavia against any and all liability, loss, damage, suit, charge, attorneys' fees, judgment, expenses of whatever kind or nature which the Town may directly or indirectly incur or be required to pay by reason or in consequence of the wrongful or negligent act or omission of the user, its agents, employees or contractors. If a claim or action is made or brought against the Town for which the users may be responsible hereunder in whole or in part, then the user shall be notified and shall handle and assume the defense of same.
This policy shall apply to Town facilities, including the Town Hall and the appurtenant real property; highway garage; and any other Town-owned property, with the exception of public parks, which are specifically excluded from the application of this policy.
The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.