Special events are largely beneficial to the community, however,
special events which are likely to attract a large number of people
can adversely affect the well-being of Village residents and business
owners and strain municipal resources. Special events on public and
private property can disturb nearby residents in the peaceful enjoyment
of their homes and property, interfere with the general public's
normal use of highways and other municipal facilities, and can be
harmful to the public safety and welfare. To provide for the well-being
of the community, the Village Board of Trustees establishes procedures
whereby the Village can be informed in advance of special events,
be assured that such special events, if appropriate under the Village
Code and the Constitution of the State of New York, can be accommodated
without unduly burdening the community or the resources of the Village
of Ossining.
As used in this chapter, the following terms shall have the
meanings indicated:
BLOCK PARTY
A neighborhood celebration or event, but shall not include
a garage sale, yard sale, bazaar, rummage sale or other similar activity
having the principal purpose of fundraising for an individual or organization,
nor shall it include a political meeting or rally, carnival or theatrical
or musical performance such as concerts or similar events. No block
party shall charge a fee for any item, including but not limited to
admission, food or beverage.
EVENT LEVEL
There are three event levels: Event Level 1: anticipated
attendance of participants, staff, volunteers and others not to exceed
299 as well as staff determination of scope of requested Village support
services; Event Level 2: anticipated attendance of participants, staff,
volunteers and others between 300 and 499 as well as staff determination
of scope of requested Village support services; and Event Level 3:
anticipated attendance of participants, staff, volunteers and others
exceeds 500 as well as staff determination of scope of requested Village
support services. The Event Level will be determined by the Superintendent
of Recreation and Parks or designee in consultation, where necessary,
with other Village departments.
EXPRESSIVE ACTIVITY
Any assembly or similar gathering held for the purpose of
exercising free speech activity protected by either the First Amendment
to the United States Constitution or Article I, Section 8 of the New
York State Constitution, which shall include conduct the sole or principle
purpose of which is the expression, dissemination or communication
of opinions, views, or ideas and for which no fee or donation is charged
or required as a condition of participation in such assembly. It includes,
by way of illustration and without limitation, press conferences,
speeches, protests and demonstrations.
PARADE
Any march or procession consisting of people, animals, bicycles,
vehicles or a combination thereof, except funeral processions, on
any public street, sidewalk, alley, or other public right-of-way,
which obstructs, delays, or interferes, with the normal flow of pedestrian
or vehicular traffic, or does not comply with traffic laws or controls.
PUBLIC PROPERTY
Property which is owned, operated, maintained, and/or controlled
by the Village which is not rental in nature. Examples of public property
include, but are not limited to, parking lots, plazas, public spaces,
streets, sidewalks and parks.
SPECIAL EVENT
Any temporary gathering, demonstration, performance, exhibition,
amusement or activity that is conducted or sponsored by a person,
organization, entity or association other than the Village of Ossining,
proposed to be held on public property or on private property either
affecting public property or requiring village support services. Examples
of special events include, but are not limited to, carnivals, circuses,
fairs, bazaars, outdoor shows and concerts, parades, religious processions,
walks, runs, marathons, bicycle races, which may involve one or more
of the following:
A. The closing of a public street.
B. The use, blocking or restriction of village property, roads, or rights-of-way.
C. The use of amplified sound exceeding the standards set forth in Chapter
178, Noise, of the Village of Ossining Code.
D. The sale or service of food and/or alcohol to the public.
E. The substantial increase or disruption of the normal flow of traffic
on any street or highway.
F. The placement of portable toilets.
G. The placement of temporary no-parking or directional signs or banners.
H. Construction and/or installation of temporary structures, including
but not limited to a stage.
I. Installation of a tent exceeding 400 square feet.
J. The use of Village support services that would otherwise not be necessary
in the absence of such an event.
SPONSOR
Individual, group of individuals, corporation, or other entity
responsible for organizing the special event.
SUPERINTENDENT
Refers to the Superintendent of the Department of Recreation
and Parks or his/her designee.
SUPPORT SERVICES
Those services which can or must be provided by the Village
to ensure that a special event is conducted in such a manner as to
protect the safety, health, property and general welfare of Village
residents and property owners. Examples include fire protection, crowd
management and control, traffic management and control, and sanitation
services.
Any person or organization desiring to conduct or sponsor a
special event in the Village shall obtain a special event permit from
the Superintendent or the Special Events Advisory Committee as detailed
herein.
The Superintendent shall review the application for special event permits. No permit shall be issued where the application is found to be incomplete and/or requested information has not been provided. If the application is found to be incomplete, the Superintendent shall notify the sponsor that the application is incomplete. Upon receipt of a complete application, the Superintendent shall determine the event level of the proposed special event in consultation with other Village departments where necessary. For Event Level 1, if it is determined by the Superintendent that total attendance at the event will be 299 or fewer and, support services, if any, will only be required from the Department of Recreation and Parks, the Superintendent may grant the permit upon payment by the applicant of all fees, submission of certificates of insurance and security deposit. For Event Levels 2 and 3 and for those proposed special events under Event Level 1 where support services from other Village departments will be needed or where the Superintendent concludes that the application should be denied, the Superintendent shall promptly forward the application to the Special Events Advisory Committee pursuant to §
226-8. In addition to forwarding the application to the Special Events Advisory Committee, the completed application will be distributed to the appropriate Village departments. Information from the Village departments may be used in establishing terms and conditions under which an event may be conducted when the use of support services is determined to be necessary.
Upon determining that the proposed date for the special event is tentatively approved (§
226-6F), the Superintendent shall advise the sponsor of its responsibility to notify all property owners and business owners located within 50 feet of the location of the special event. The notice shall be sent out by regular mail within 20 calendar days after notice from the Superintendent using the property owners' addresses on the most recent tax roll and business owners' addresses obtained from available sources. Such notice shall include the sponsor's name, telephone number and email address, special event date, time, location and rain date and such other information as required by the Superintendent. Proof of mailing upon the property owner(s) and business owner(s) shall be provided to the Superintendent within 20 calendar days of mailing.
Any person who violates any provision of this chapter shall
be guilty of a violation and shall, upon conviction, be subject to
the imposition of a fine in accordance with the following schedule
for each violation. Each day that a violation continues shall be deemed
a separate offense.
A. For the first offense, a fine of not less than $500 nor more than
$2,000 for each offense, plus any costs incurred by the Village as
a result of the violation(s).
B. For a second offense within a three year period, a fine of not less
than $1,000 nor more than $5,000 for each offense, plus any costs
incurred by the Village as a result of the violation(s).
C. For a third and subsequent offense within a three year period, a
fine of not less than $2,500 nor more than $15,000 for each offense,
plus any costs incurred by the Village as a result of the violation(s).
The issuance of a special event permit shall not be deemed to
authorize any physical alteration to land or property owned by the
Village, including Village roads. For purposes of this section, the
term "alteration" shall include, but shall not be limited to, the
grading, filling or clearing of land, the cutting, felling or removal
of trees or other vegetation and a change in the physical characteristics
of a building or structure or the component parts thereof.
If any part or provision of this chapter or the application
thereof to any person or circumstance is adjudged to be invalid by
any court of competent jurisdiction, such judgment shall be confined
in its operation to the part, provision or application directly involved
in the controversy in which such judgment shall have been rendered
and shall not affect or impair the validity of the remainder of this
chapter or the application thereof to any other person or circumstances.