[HISTORY: Adopted by the Town Board of the Town of Martinsburg 3-21-2021 by L.L. No. 2-2021; amended in its entirety 5-19-2021 by L.L. No. 3-2021.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter, adopted as Ch. 205, was renumbered to maintain the alphabetical organization of the Code.
As used in this chapter, the following terms shall have the meanings indicated:
PERSON or APPLICANT
Includes any person, persons, firm, company corporation, partnership, association, club, limited liability company, limited liability partnership, joint venture, owner or lessee of real property, promoter, sponsor, or any other group or organization whether formalized or not.
SPECIAL EVENT ON TOWN ROADS AND TRAILS
Any outdoor gathering of 250 or more people and activities involving pedestrians, vehicles, bicycles, skateboards, motorcycles, ATVs, UTVs, or other recreational equipment, or any combination thereof which involve:
A. 
Any organized formation, parade, procession of other event taking place on Town roads or trails which may interfere, impede or obstruct the flow of traffic or which do not comply with normal traffic regulations or controls; or
B. 
Any event intended to include and/or to take place on Town off-highway property.
A. 
No person may organize, operate, promote, or conduct a special event on a Town trail, park or other land in the Town of Martinsburg, without first obtaining a permit to do so from the Town Clerk, as authorized by the Town Board.
B. 
The Town Board of the Town of Martinsburg will consult with the Town Highway Superintendent and the County's Director of Recreation, Forestry and Parks, who will consult with the County's Superintendent of Highways, the Emergency Management Director, the Lewis County Sheriff and any other relevant county department(s), as the event may warrant in processing the permit.
A. 
All applications shall be made to the Town of Martinsburg Town Clerk by submission of three copies to the Town Clerk, by the person(s) sponsoring or running the event involving roads, trails park or other lands, or by the duly authorized agent or attorney thereof. The appropriate application fee, as set forth in the fee schedule in effect for the said event permit, must be submitted with the application along with all other documentation required herein. No action will be taken upon any application until it is deemed complete by the Town Board, in consultation with the appropriate County Departments.
B. 
A $20 nonrefundable application fee will be submitted with the application.
C. 
The application for a permit hereunder shall be made in writing upon such form or forms as may be crafted by the Town of Martinsburg and shall be submitted to the Town Clerk at least 45 or more days prior to the first day such special event is anticipated to be held. Such application shall include the following information:
(1) 
The applicant's name, age, and residence address; if the applicant is a corporation, partnership or association, the name of the entity, address for its principal office, together with the names and addresses of its directors, partners, or associates. If the applicant is not a resident or does not have a place of business within Lewis County, the name of a natural person, over the age of 18, who resides within Lewis County and is authorized by the applicant and who shall agree by acknowledged statement to accept service notices and summons on behalf of the applicant with respect to the application, the conduct of the outdoor public assembly or any other matter relating to the enforcement of this chapter;
(2) 
The proposed dates and hours of operation for the proposed special event, and a description of the event;
(3) 
The expected minimum and maximum number of persons and vehicles/other equipment, if any, per day of the event to use the roads and/or property(s), if any, per day and collectively;
(4) 
A description of the purpose for the special event and the activities to take place thereat, including without limitation, concessions, entertainment, vehicles, equipment, etc.;
(5) 
The admission/participation fee to be charged, if any.
D. 
Approval.
(1) 
After careful review and consultation, the Town Board shall determine whether the permit application will be approved or denied. The Town Board will communicate its decision on the application, in writing, by issuing a permit with any and all conditions to which the applicant may be required to meet prior to and during the event. If denied, the Town Board shall indicate the reason for such denial.
(2) 
Simultaneously with notification of approval or denial of a permit to the applicant, the Town shall notify the County DRFP, who shall notify the County Manager, Board of Legislators and any appropriate Departments of the special event permit issued, including any conditions and information on the type of event, date, location, estimated size, and any other relevant information.
(3) 
Upon the Town approval of the event, the Town shall charge a fee of $0.50 per individual to be paid by the special event within 10 following the special event to be used for any maintenance and/or repair needed on the roads following such event. This fee may be changed or waived from time to time by the Town of Martinsburg Town Board.
E. 
Depending upon the activities and estimated size of assembly of persons participating in the special event, the applicant shall be required to comply with any and all other applicable state and local laws.
F. 
The Town, shall have the right, in its sole discretion, at any time to terminate the permit, or any portion thereof, should it be necessary due to any operations, conditions, or circumstances which may arise. Any termination of the permit shall not constitute a breach of the permit, and no liability shall be incurred by or arise against the Town, its agents and/or employees for loss of profits or any other damages.
A. 
The Town makes no affirmation that the Town-owned or operated road/site/trail/property to be used for the special event has been designed, constructed, or maintained for the purpose of the conduct of the event. The applicant and its participants assume full risk and responsibility for the event. The applicant and its participants assume full risk and responsibility for planning and conducting a safe and orderly event that does not expose participants or the public to any unreasonable hazards, with minimal disruption to normal uses of the Town roads, trail system and properties. It shall be the sole obligation of the applicant to determine whether the Town site(s) is suitable for the purpose of safely conducting the event.
B. 
The applicant shall exercise due care in its use of the Town property and shall upon the expiration, termination, or cancellation of the issued permit surrender the Town property/site in as good a condition as on the effective date of the permit. Depending upon the nature of the event and the anticipated number of participants, the issuance of a permit may be conditioned upon an undertaking, bond or guarantee restoration of the Town property to its previous condition.
C. 
The applicant/permittee agrees to notify the Town and County about any hazardous or unsafe conditions, and about any accidents that occur during the event immediately upon the discovery of such condition or accident.
D. 
The applicant shall provide all insurance requirements as listed below. The applicant shall provide the Town with proof of insurance prior to the commencement of the event, i.e., a certificate of insurance is required to be in full force and effect prior to and during the event and shall include but not be limited to the following coverage, if applicable:
(1) 
Worker's compensation and disability insurance as required by New York State for any and all employees.
(2) 
Commercial general liability insurance. The applicant shall maintain an occurrence form of commercial liability policy or policies insurance against liability from premises, personal injury or death, advertising injury, liability under an insured contract, negligence, occurring on or in any way related to the premises or occasioned by a reason of the operations of the applicant.
(3) 
Automobile and/or motorized vehicle insurance is required as applicable. The applicant shall maintain automobile, other vehicle and equipment policy(s) insurance against liability for bodily injury, death, damage to property and other coverages relating to the use, operation, loading or unloading of any automobiles, motorized vehicles, and other equipment on and around the event site. If the event involves participants' use of motorized vehicles (autos, ATVs, UTVs, motorcycles, motorbikes, snowmobiles, etc.), it is the applicant/permittees' responsibility to assure that all participants' motorized vehicles are properly licensed, registered and insured, as may be required by law.
E. 
In addition to the protection afforded to the Town by the insurance provisions hereinabove set forth, the Town shall not be liable for any damage or injury to the applicant, employees, event organizers, volunteers, participants, or any other person, or to any property, occurring on the event site covered by the permit. The applicant/permittee agrees to defend, indemnify, and hold harmless the Town of Martinsburg, and its agents, from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of any claim for personal injuries, property damage or wrongful death associated in any way with the applicant's or participants' use of the permitted site/property, or in any way related to the event, no matter how caused.
F. 
The Town, upon prior consultation with the approval of the Town Attorney, may adjust the required insurance coverages and amounts, depending upon the nature of the event, i.e., activities, size, duration.
G. 
Off-street parking facilities must be provided for at the start and finish locations. Participating businesses must provide a parking plan and a plan for protection of any adjoining land owned by others. Protection of property may necessitate fencing and/or barricades. A parking plan may include the side of the street. All proposed signs, flaggers and volunteer locations are to be included. Temporary waste facilities (port-a-potties, trash barrels, etc.) may also be required. If temporary structures are proposed, they must be included in the description of the event route.
A. 
If after a permit is issued (but prior to the actual event), the Town determines, through its lawful agent(s), i.e., the Town Supervisor, Highway Superintendent, etc., that any of the items required as a condition under the permit is not adhered to or accomplished within the required time limits, then the permit may be immediately terminated.
(1) 
Any person, as defined by this chapter, who shall organize, promote, conduct or cause to be conducted a special event on Town roads, trails, or other Town property as defined in this chapter, without having a written permit in accordance with the provisions of this chapter shall be deemed to have violated this chapter.
(2) 
Any person violating this chapter shall be subject to a civil penalty, enforceable and collectible by the Town of Martinsburg, in the amount of $250 to $750, depending upon the violation, the nature and size of the special event which was, or is, being held without issuance of, or compliance with, a permit as herein required. Said violation shall be enforced in any court of competent jurisdiction within the County of Lewis.
(3) 
In addition to the above penalty, the Town may maintain an action or proceeding in the name of the Town in a Court of Competent jurisdiction to compel compliance with, damages caused or to restrain by injunction, the violation(s) of such local law.