[HISTORY: Adopted by the Common Council of
the City of Hudson 8-20-2002 by L.L. No. 4-2002 (Ch. 78, Art. IV,
of the 1973 Code). Amendments noted where applicable.]
Streets and other public places in the City
are from time to time temporarily closed and used as sites for art
shows, ethnic festivals, neighborhood celebrations and other public
events which are privately sponsored but open to the public. Events
of this kind serve to improve the quality of life and economic well-being
of the residents of the City. They may also result in large numbers
of people congregating within the confines of the temporarily closed
streets or public places, and the resulting crowd conditions create
concerns for police and fire access and control and other concerns
relating to the health, safety and welfare of the public and of persons
and property in the area. It is therefore essential that a policy
be established for governing these events which shall facilitate control
over them by the sponsor and by City officials from departments involved
with the event to safeguard persons and property.
The following words, when used in this chapter,
shall have the meanings herein stated, unless a different meaning
clearly appears from the context:
An organized procession consisting of people, animals, or
vehicles or a combination thereof using the public roadways, which
does not comply with normal and usual traffic regulations.
[Added 6-17-2014 by L.L. No. 8-2014]
A preplanned single event or series of events that, because
of its nature, interest, location, promotion or any combination of
similar influences, is expected to draw 50 or more people and/or vehicular
traffic, sponsored by an individual or entity other than the City,
proposed to be held on public property or on private property but
affecting public property or requiring City support services, for
the purpose(s) of entertainment, celebration, amusement, cultural
recognition, arts and crafts displays and/or sales, amateur sports
demonstration or competition, block parties, parades, races, or similar
activities.
The individual, group or individuals, corporation or other
entity responsible for organizing the event.
Those services which can or must be provided by the City
to ensure that a special event is conducted in such a manner as to
protect the safety, health, property and general welfare of its citizens.
Examples include crowd management and control, traffic management
and control, and fire protection.
The City is responsible for determining whether
to issue permits and licenses for special events and establishing
guidelines for the safe and proper conduct of such special events.
To fulfill these responsibilities the City must determine if a special
event should be conducted and the terms and conditions under which
an approved event may be conducted.
[Amended 6-17-2014 by L.L. No. 8-2014]
It is the sponsor's responsibility to make an application
to conduct a special event or parade as provided in this chapter and
to furnish any additional information that may be requested. It is
the sponsor's responsibility to make any notifications specified
in this chapter and to abide by all of the terms and conditions established
as part of the approval process. It shall be the sponsor's responsibility
to provide for the protection of the safety, health, property and
general welfare of those attending and participating in the special
event or parade as well as the adjacent properties.
A.
Application. The sponsor must submit an application to the City Clerk
at least 120 days prior to the event. The City Clerk shall check the
application for completeness and forward a complete application to
the Mayor or his designee for approval. The Mayor may meet with the
sponsor to review the obligations of various City departments and
the sponsor. The sponsor must supplement the application as new information
is learned or obtained, including the addition of sponsors. The Mayor
shall render his decision on a completed application no less than
20 days and no greater than 45 days after receipt of a completed application.
All permit applications and applicable fees must be submitted 14 days
prior to the start of the event, including those related to fireworks,
concession stands and amusement rides. Application forms are to be
obtained from and returned to the City Clerk. Exceptions to this application
process may be made for good cause shown upon petition to the Mayor.
[Amended 6-17-2014 by L.L. No. 8-2014]
B.
City costing process. The completed application shall
be distributed by the City Clerk to the appropriate City departments
and agencies, which will estimate the additional costs that would
be incurred as a result of the event. This information may be used
in establishing terms and conditions under which an event may be conducted
when the use of police or other City personnel is appropriate, possible
and not in conflict with any other administrative policies and procedures
and/or labor agreements.
A.
Review, general. The Mayor will review, approve or
disapprove each proposed special event on its own merits. In reviewing
a proposed special event, the Mayor will also review, evaluate and
determine the costs of City support services required for the special
event that will be charged to all sponsors unless the Mayor waives
all or any portion of these costs if such a waiver is in the best
interest of the City. The Mayor will consider various criteria and
factors, including but not limited to:
B.
Decision. The Mayor may either approve a proposed
event as submitted, make unilateral modifications or make modifications
in cooperation with the sponsor. The Mayor shall render his decision
in writing with reasons for conditions or denial specified.
C.
Appeals. An applicant for a special event may appeal
the decision of the Mayor within 30 days to the full Common Council,
which may recommend that it overturn the decision after a hearing.
The decision of the Common Council will be final.
[Amended 6-17-2014 by L.L. No. 8-2014]
A.
Notification prior to decision. If the parade or special event requires
a street closure(s), the applicant must cause to be posted in the
newspaper of record notice of such application within seven days of
submitting an application for a special event or parade to the City
Clerk. Said notice shall be published for two consecutive days and
shall include:
(1)
Date the application was submitted to the City Clerk and that the
application can be inspected at the City Clerk's office;
(2)
A description of the special event or parade;
(3)
The name or title, date(s), time(s), and location(s) or route(s)
of the special event or parade; and
(4)
The name of the applicant.
B.
Written public comments regarding the special event or parade application
may be submitted to the Clerk within 10 days of the first publication
of said notice.
[Amended 6-17-2014 by L.L. No. 8-2014]
A.
Permits and licenses.
(1)
Approval to conduct a special event or parade by this process does
not relieve the sponsor or any participant, including but not limited
to food stands, vendors, peddlers or exhibitors, from the responsibility
of applying for any other permits or licenses or meeting any other
requirements which may be applicable.
(2)
Fireworks. All permit, licensing and safety requirements
shall be observed. The discharge of personal fireworks is not allowed.
B.
Insurance. All events must obtain a liability insurance policy in
the amount of $1,000,000 for bodily injury, a minimum limit of $100,000
for property damage, and, in the case that alcohol will be sold at
the special event or parade, a minimum limit of $3,000,000 for liability
arising from the sale or consumption of alcohol, with the City named
as an additional insured, or a larger amount in the discretion of
the Mayor. This insurance shall satisfy all insurance requirements
for the City for holding the special event. Additional insurance requirements
of City departments shall be considered by the Mayor in formulating
the amount of coverage required. The insurance policy shall be subject
to the review and approval of the Corporation Counsel of the City.
C.
Due date. All required permits, licenses, fees, security deposits
and insurance policies must be obtained no more than 14 days prior
to the date of the event, with a copy of each submitted to the City
Clerk.
A.
Daily time restriction. The hours of operation taking
place within a public place shall be between the hours of 9:00 a.m.
and 11:00 p.m. Monday through Friday, until 12:00 midnight Saturday,
and between 1:00 p.m. and 10:00 p.m. on Sunday.
B.
Inspections. Pre-event and post-event inspections
will be performed by representatives of the sponsor and the Mayor.
C.
Site maintenance. All areas used must be left in a
clean condition. Any need for trash receptacles or trash removal must
be negotiated and approved by the Department of Public Works. Cleanup
must be completed by 12:00 noon on the day following the event. Events
which utilize amusement rides are allowed until 4:00 p.m. on the day
following the event.
D.
Services available from the City. The City may provide
certain equipment and materials to facilitate comfort and control
over the event, subject to availability and the City's prior need
for such equipment and materials. Exceptions from these services may
be made for justifiable reasons upon petition to the Mayor.
(1)
Temporary parking signs. All temporary signs for restricting
parking must be posted 12 hours in advance and maintained by the sponsor.
The actual time of the event shall be posted on these signs. Requests
for the necessary signs should be itemized in the application for
review by the Department of Public Works. Any usage of temporary signs
without the authorization of the Department of Public Works will not
be enforced.
(2)
Barricades. Any need for barricades should be specified
in the application for review by the Department of Public Works.
(3)
Security. The amount and type of security will be
determined by the Mayor upon review of the event application and the
recommendations of the Police Department. Private security may be
required of the sponsor.
(4)
Emergency medical services. The sponsor must provide
a designated emergency medical service area and emergency egress route
as needed. The sponsor shall meet all guidelines imposed by the New
York State Department of Health. If an event expects an estimated
crowd of 5,000 or more, the sponsor must submit proof of contracted
medical services.
(5)
Utilities. The sponsor is responsible for payment
for any utility use, with payment made directly to the affected department
or utility provider.
(6)
Restroom facilities. The Department of Public Works
will determine reasonable guidelines for portable bathrooms. Financial
responsibility for obtaining facilities rests with the sponsor.
(7)
Banners and signage. Any banner to be hung over the
streets of the City in relation to a special event must obtain approval
of the Mayor and the Department of Public Works and therefore should
be described in the application. All signage placed for the event
should follow any and all requirements for signs allowable under applicable
law. The sponsor shall be responsible for erecting and dismantling
any signage or banners it is permitted to hang.
(8)
Tents and temporary structures. The Mayor may set
forth conditions for the erection, maintenance and dismantling of
tents and temporary structures for the purpose of protecting the health,
welfare and safety of the public and property in the area of the event.
If the sponsor is permitted to erect a tent or other temporary structure,
the sponsor is responsible for erecting the tent or other temporary
structure and maintaining that tent or temporary structure. The sponsor
is responsible for dismantling the tent or other temporary structure
upon conclusion of the event, when the necessity for the tent or other
temporary structure ceases or upon order of the City.
(9)
Parades, motorcades and road races. Sponsors requesting
to conduct a parade, motorcade or race must specify their route in
their application for review by the Police Department. Escort services
will be provided based on the availability of police officers on that
particular day and the perceived needs of the parade, motorcade or
road race. Fees for such services may be charged.
An application fee as prescribed by resolution
of the Common Council will be charged. Other costs may be charged
based on estimated costs to the City.
[Amended 6-17-2014 by L.L. No. 8-2014]
Applicants shall be required to post a cash deposit or bond
with the City Clerk in the amount of $100 minimally and possibly more
based on the size of the event and the anticipated cost to the City.
The Mayor may waive this deposit with reasonable discretion. The cash
deposit will be applied against any damage to streets or public property
and any cleanup expenses incurred by the City as a result of the permitted
event. The cash deposit will be returned to the applicant if the City
finds that no damage has been committed or cleanup required. The unused
portion of any cash deposit partially applied against damage caused
by, or cleanup by, the permitted event shall be returned to the applicant.
Departments that participated in an approved
special event shall submit to the Mayor and designated Council Committee
any comments or suggestions for the future within two weeks after
the event.
A.
Fine. Special events shall not be held without the
authorization of the Mayor nor held in contravention of the terms
and conditions set forth by the Mayor (excluding reversions by the
Common Council on appeal). Violation of this chapter may subject the
sponsor to a fine of $500 per day.
B.
Closing of unauthorized special events. The Commissioner
of Police may close any special event conducted without authorization
of the Mayor, and the sponsors and participants may be subject to
arrest.
A.
Events initiated by and/or sponsored or co-sponsored
by the City are excluded from the provisions of this chapter.
B.
Notwithstanding the exclusion of City events, any
City event requiring significant support service assistance from any
department or agency other than the sponsoring department shall be
subject to application and costing procedures. The purpose of this
provision is to assist all departments and agencies in overall resource
and financial planning and processes.
[Added 6-17-2014 by L.L. No. 8-2014]
If it is found that the applicant misrepresents material submitted
in the application, or fails to meet the notification obligations,
or fails to comply with this chapter, or any combination thereof,
then the Mayor may deny said application or revoke application approval
and all fees paid to the City will be forfeit.
[Added 6-17-2014 by L.L. No. 8-2014]
The City Clerk shall post all confirmed and pending applications
for special events and parades to the City's website. The City
Clerk shall distinguish between pending applications and approved
applications on the website. Approved special events and parades will
remain on the City's website for at least 30 days following the
completion of the event. The City Clerk will remove pending applications
that have been denied within seven business days of their denial.
