[HISTORY: Adopted by the Board of Trustees of the Village of Ossining 1-20-2021 by L.L. No. 1-2021. Amendments noted where applicable.]
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.
A. 
Special event permits are not required for the following:
(1) 
Funeral processions.
(2) 
Regular sporting events held at facilities which are approved for such purposes.
(3) 
A student assemblage at any school chartered by New York State.
(4) 
A gathering for the purpose of expressive activity, provided that the sponsors provide the Village Manager with written notice at least 48 hours in advance of the gathering if more than 50 persons are expected to attend. The name, address and contact information of the sponsor, the proposed location or route, and the date and time of the gathering shall be provided.
(5) 
Events sponsored in whole or in part by the Village.
(6) 
Gatherings for religious purposes held at facilities which are approved for such purposes.
(7) 
A wedding of a property owner, a member of the property owner's family or a tenant legally occupying the property pursuant to a lease agreement establishing the tenancy, provided such tenancy is permitted by a certificate of occupancy issued by the Building Department.
(8) 
A family reunion, graduation party, or a similar family gathering limited to the invited guests, in reasonable number, of a property owner, a member of the property owner's family, or a tenant legally occupying the property pursuant to a lease agreement, provided such tenancy is permitted by a certificate of occupancy issued by the Building Department.
(9) 
Block parties. Applications for block parties shall be submitted to the Superintendent of Recreation and Parks for approval and, where necessary, for review by appropriate Village departments. The organizer of the block party shall notify all property owners/residents of the street(s) to be shut down of the terms of the proposed event and shall obtain the signatures of a majority of those property owners/residents consenting to the block party taking place. A fire lane sufficient for access by emergency/police personnel shall be maintained at all times during the block party. Block parties shall conclude by 9:00 pm Sunday through Thursday and 10:00 pm on Friday and Saturday. The organizers of the block party shall pay a street closing/obstruction fee as detailed in the Village's fee schedule. The applicant(s) for the block party shall agree in writing to hold the Village harmless from any and all obligations and liabilities which may arise from the temporary street closing which is the subject of the application. The applicant(s) are responsible for the removal of litter and debris resulting from the block party. The Superintendent of Recreation and Parks has the option of requiring the applicant(s) to submit proof of liability insurance for damage to property and personal injury arising out of the temporary street closing.
A. 
Time for submission. The special event permit application form shall be submitted to the Superintendent of Recreation and Parks no later than 75 days before the scheduled event. Application forms that are untimely submitted are subject to denial by the Superintendent.
B. 
Application form. The special event application form shall be available through the Department of Recreation and Parks web page. The Superintendent may require additional documentation or information from the applicant.
C. 
No later than 15 days prior to the scheduled special event, the sponsor shall provide the Superintendent with a list of all participating food vendors with contact information; a description of methods to be used for cooking and disposal of grease, et. al where applicable; proof that the food vendors possess the required license from the Westchester County Health Department; and a site plan of all vendor locations with entry and exit points clearly delineated. Failure to timely provide the information in this subsection or to provide incomplete information may result in the denial or rescission of the permit to hold the special event. No refund will be issued where the event application is denied or the event canceled due to the applicant not timely providing required documents or providing incomplete documents.
A. 
Application fee. Application fees for special event permits shall be established and amended from time to time by resolution of the Board of Trustees and shall published in the current Village fee schedule. Application fees are nonrefundable.
B. 
Insurance. All sponsors of special events must obtain general liability and automobile coverage with limits of $1,000,000 per occurrence and $2,000,000 in the aggregate. The Village of Ossining shall be named as additional insured under the general liability and automobile liability policies. The insurance shall be on a primary and noncontributory basis with a waiver of subrogation. The general liability insurance shall include endorsements extending coverage to all structures constructed and/or brought to the special event, including but not limited to stages, tents, portable restroom facilities, dumpsters and generators. If alcohol is to be sold and/or charged for, additional liquor law liability coverage of $1,000,000 shall be obtained with a certificate of insurance naming the Village of Ossining as additional insured. If alcohol is being served but not sold, additional host liability coverage of $1,000,000 shall be obtained with a certificate of insurance naming the Village of Ossining as an additional insured. Also, proof of statutory workers compensation and disability insurance coverage shall be provided for all employees participating in the event where applicable. The aforementioned insurance policies shall not be cancellable without at least 30 days' prior written notice to the Village, such notice to be provided to the Superintendent and the Village's Corporation Counsel. All certificates of insurance along with associated insurance policies shall be provided to the Corporation Counsel no later than 15 days prior to the scheduled event. Failure to provide the required insurance information may lead to the cancellation of the event. In addition to the aforementioned insurance requirements, should the event require the construction and/or installation of structures, including portable restrooms, dumpsters for trash, tents and/or temporary structures, the sponsor shall provide certificates of insurance from the entities supplying the portable restrooms, dumpsters, tents, generators and/or temporary structures showing general liability and, where applicable, automobile liability. The Village reserves the right to review the coverage requirements where so warranted. The insurance requirements listed above are minimum requirements subject to increase if the special event so warrants.
C. 
Indemnification and hold harmless. The sponsor shall submit a fully executed hold harmless agreement, in a form satisfactory to the Village Corporation Counsel, by which the sponsor shall indemnify and save harmless the Village, its agents and employees, including elected officials, from and against all claims, damages, loss and expense (including but not limited to attorneys' fees) arising out of or resulting from the permitted activity, sustained by any person or persons, provided that any such claims, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of property caused by the tortious or negligent act of omission of the sponsor, the sponsor's employees, agents, subcontractors and event participants. The signed hold harmless agreement shall be provided no later than 15 days prior to the scheduled event.
D. 
Security deposit. The Superintendent and/or the Special Events Advisory Committee shall require the sponsor to provide a security deposit in an amount to be determined for clean-up expenses and for compliance with permit conditions. If the sponsor fails to honor the permit conditions or to adequately clean up the property after the event, the Village may use such portion of the security deposit as is required.
E. 
Approval to conduct a special event by the process described in this chapter does not relieve the sponsor or any participant, including but not limited to food vendors and those who are selling and/or distributing alcoholic beverages, from the responsibility of applying for and obtaining any other permits or licenses or meeting any other requirements which may be applicable for the special event.
F. 
Following receipt of the application, the Superintendent shall notify the sponsor in writing that the date(s) for the special event has been tentatively approved subject to receipt of outstanding documents, possible review by the Special Events Advisory Committee and payment of fees. Upon receipt of this tentative approval, the sponsor may begin to advertise the special event.
G. 
All banner permit applications for the special event shall be submitted at least 30 days prior to the special event to the Superintendent. Banner applications submitted fewer than 30 days prior to the special event will not be accepted. Banner display dates and locations will be granted on a first-come first-served basis.
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.
A. 
Composition of the Special Events Advisory Committee (SEAC). The SEAC shall be composed of the following officials or their designees:
(1) 
Village Manager, who shall serve as SEAC chairperson.
(2) 
Superintendent of Recreation and Parks.
(3) 
Police Chief.
(4) 
Chief Engineer of the Fire Department.
(5) 
Captain of the Ossining Volunteer Ambulance Corps.
(6) 
Village Engineer.
(7) 
Building Inspector.
(8) 
Director of Planning.
(9) 
Corporation Counsel.
B. 
Responsibilities of the SEAC. The SEAC is responsible for reviewing, evaluating, approving or disapproving all applications for Event Levels 2 and 3 and those Event Level 1 applications referred by the Superintendent. The SEAC shall consider among other things, the number of anticipated attendees, required Village support services and the Village's ability to provide such services.
C. 
Authority of the SEAC. The SEAC may:
(1) 
Approve or disapprove an application as submitted. If the application is disapproved, the SEAC shall state in writing the reason(s) for the disapproval.
(2) 
Establish the terms and conditions for the special event. Terms and conditions may include, but are not limited to location, timing, scope and/or financial arrangements.
D. 
SEAC procedures. The SEAC shall be subject to the provisions of the Open Meetings Law (Public Officers Law Article 7). Meetings shall be open to the public and noticed as required by law. Five members of the SEAC shall constitute a quorum for conducting business. Decisions shall be made by a majority vote of the SEAC membership. The Superintendent shall forward applications to the SEAC chairperson within two business days of receipt. The SEAC chairperson shall call a meeting of the SEAC and provide the SEAC with the application and any attachments. Except for unusual circumstance, the meeting should be held no later than five business days after the SEAC application is forwarded to the chairperson. The SEAC shall issue its written decision within two business days of the meeting, unless additional information has been requested. The SEAC's decision shall not be issued fewer than twenty-five calendar days before the scheduled special event. If the application is denied or includes modifications not agreed to by the applicant, the applicant may appeal the SEAC decision to the Board of Trustees, which at a public meeting shall decide to affirm, modify or reverse the SEAC's determination.
A. 
The SEAC may deny a special permit for any of the following non-exclusive factors: there are inadequate Village resources available to protect the health, safety, property and general welfare of the residents and property owners of the village or the safety of participants and/or attendees at the event; the special event has been the subject of a violation or has had any adverse impacts on the surrounding property in the Village within the last two years; the special event does not provide for sufficient services or facilities; a high probability of disorderly conduct likely to endanger public safety or to result in significant property damage may result from the special event; or a prior application for another special event on the same date has received temporary approval or issuance of a special permit.
B. 
Once a special event permit has been issued, any proposed amendment or modification to the permit shall be submitted in writing to the Superintendent promptly but no later than three business days prior to the event. Such amendment or modification may include by example, the identity of the event sponsor, date of the event, the location or route of the event, the number of attendees or the addition of tents, alcohol or food. For an Event Level 1 permit granted by the Superintendent, the Superintendent shall review the proposed amendment or modification and shall have the discretion to rescind or modify the permit due to changed conditions. For Event Types 2 and 3 and Event Type 1 determined by the SEAC, the Village Manager shall review the proposed amendment or modification and upon consultation with staff shall have the discretion to rescind or modify the permit due to changed conditions.
C. 
If, after the special event permit has been issued, a determination is made that any of the representations and/or statements contained in the application, including requested documents were materially false, the Village Manager or designee, may rescind or modify such permit.
D. 
If at the time of the scheduled special event it is determined that any of the permit conditions are not being complied with, the Village Manager or designee, may terminate or suspend the event until such conditions are satisfied. Village staff may take all necessary actions to effectuate the Village Manager's determination.
E. 
In addition to the authority to suspend or terminate a special event pursuant to § 226-9D, the Village Manager or designee may suspend or terminate the special event or any portion thereof that is determined to present an imminent hazard to the health, safety, property or general welfare of the residents and property owners of the Village or the safety of participants and/or attendees at the special event.
F. 
In the event that a special event permit is rescinded prior to the scheduled event date, the sponsor may appeal such determination to the Board of Trustees in writing. Following a public meeting, the Board of Trustees may affirm or overturn the rescission.
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.