[HISTORY: Adopted by the Board of Trustees of the Village of Sea
Cliff 11-2-1981. Amendments noted where applicable.]
These rules and regulations shall apply to the use of all Village parks
by civic, charitable, educational or private organizations.
All provisions of the Code of the Incorporated Village of Sea Cliff regulating the use of Village parks shall be applicable to the procedures contained herein and permits issued under this chapter, including, but not limited to, the provisions, regulations and procedures set forth in Chapters 43, 90 and A156 to the extent such provisions, rules and procedures are not inconsistent with or modified by this chapter. In the event of any inconsistency, the provisions of this chapter shall apply as regards the use of Village parks.
For the purposes of this chapter, the terms used herein are defined
as follows:
- APPLICANT
- Any civic, charitable, educational or private organization, whether organized for profit or nonprofit, desiring to use a Village park.
The provisions, requirements, terms and conditions of this chapter shall not apply to the casual or impromptu use of Village parks by Village residents or others, whether individually or in groups, where such activities are not organized, promoted, sponsored or associated with an applicant as that term is defined in § A157-3.
A.
Any applicant desiring to use a Village park shall make
application in writing to the Village Mayor at least 30 but not more than
90 days prior to the date desired.
B.
Applications shall be made on official forms supplied
by and available at the Village Hall.
C.
The applicant shall state in the application the following
information:
(1)
The name and address of the applicant.
(2)
The name and address of the person, persons, corporation
or association sponsoring the activity, if any.
(3)
The day and hours for which the permit is desired.
(4)
The park or portion thereof for which such permit is
desired.
(5)
Any other information which the Board of Trustees shall
find reasonably necessary to make a fair determination as to whether a permit
should be issued hereunder.
D.
Applications from organizations requesting use of the
park by children, youth groups or handicapped persons must be filed by a responsible
adult, and the application must indicate the number of participants and the
number and names of all adults who will be present to supervise the activity
during the use of the Village Park.
The following shall be standards for issuance of a permit:
A.
Whether the proposed activity or use of the park will
unreasonably interfere with or detract from the local public enjoyment of
the park.
B.
Whether the proposed activity and use will unreasonably
interfere with or detract from the promotion of public health, welfare, safety
and recreation.
C.
Whether the proposed activity or uses that are reasonably
anticipated will include violence, crime or disorderly conduct.
D.
Whether the proposed activity will entail extraordinary
or burdensome expense to the Village.
E.
Whether the park desired has been reserved for other
use at the date and hour requested.
F.
Whether the proposed activity, whether due to the nature
and/or frequency of the use, will result in extraordinary or excessive use,
wear or deterioration, either direct or indirect, to the park and its equipment
and facilities.
G.
In the event that the proposed activity will involve
the use of the park by children, youth groups or handicapped persons, whether
adequate and proper adult supervision will exist at all times. The ratio of
adult supervision for the number of children, members of the youth group or
handicapped persons shall depend upon the nature and duration of the proposed
activity, the number of participants, the age of the children, members of
the youth group or handicapped persons and the physical and mental ability
of the children, members of the youth group or handicapped persons.
A.
All permits shall contain the following terms and conditions:
(1)
The permit shall be valid only as stated therein as regards
the following particulars:
(2)
The permit shall not be transferable.
(3)
Adequate supervision for the conduct and safety of the
group must be maintained at all times. The applicant shall be responsible
for the care of equipment and grounds utilized and shall clean the area at
the completion of the event and leave the area used clean and orderly.
(4)
The applicant shall be responsible for the repair of
all damage resulting from the use, other than normal and reasonable wear and
tear. In the event of damage, the applicant shall make restitution to the
Village within 30 days from the date of notification thereof by the Board
of Trustees.
(5)
The applicant shall be jointly and severally liable for
any loss or damages suffered by the Village as a result of the use as determined
by the Board of Trustees and shall indemnify the Village as regards any amount
determined by said Board.
(6)
The applicant shall compensate the Village for any expenses
incurred as a result of the use of the park facilities.
(7)
The permit shall be subject to suspension or revocation as provided in § A157-11 of this chapter.
(8)
It shall be the responsibility of the applicant that
all participants conform to the conditions set forth in the permit.
B.
Permits may contain the following terms and conditions
at the discretion of the Mayor:
(1)
The applicant shall file a deposit, collateral or surety
with the Village in a sufficient amount to protect the property of the Village
and the person and property of the Village residents.
(2)
Where the proposed use involves children, youth groups
or handicapped persons, the required adult supervision set forth in the permit
shall be present before the group enters the park.
(3)
Liability insurance shall be obtained covering the applicant
and naming the Village as an additional insured in an amount determined necessary
by the Mayor and as set forth in the permit.
(4)
Such terms and conditions as the Mayor shall deem reasonable
and necessary to protect the property of the Village and the person and property
of Village residents.
At the discretion of the Mayor, any of the conditions set forth in § A157-7A may be modified or waived subject to review by the Board of Trustees.
Where a permit for the use of any Village park or part thereof has been
issued under another provision of the Code of the Incorporated Village of
Sea Cliff or by resolution of the Board of Trustees, the Mayor shall have
the right to waive any or all of the provisions of this chapter as part of
the permit otherwise issued.
A.
Within 15 days after receipt of an application, the Mayor
shall apprise an applicant in writing of his reasons for refusing a permit.
The applicant shall have the right to appeal the denial to the Board of Trustees
by serving written notice thereof oil the Village Clerk within 10 days of
said refusal.
A.
The Board of Trustees shall have the right to suspend
any permit issued under this chapter, immediately and without notice, where
there is reasonable cause to believe that:
(1)
Any condition of the permit has been or is being violated.
(2)
Continued operation in conformance with the permit is
detrimental to Village property or the health, safety and welfare of the person
and property of Village residents.
(3)
The applicant has made a misrepresentation, false statement
or fraudulent representation resulting in the issuance of the permit.
B.
Within 48 hours following suspension of a permit, the
applicant shall be notified in writing, setting forth specifically the grounds
for the suspension. Such notice shall be given personally or shall be mailed,
postage prepaid, certified mail, return receipt requested, to the applicant
at the address stated on the application.
A.
The holder of any permit which has been suspended may
apply for a review of the suspension as hereinafter, provided that:
(1)
The appeal shall be in writing, signed and acknowledged
by the applicant and shall state the ground or grounds on which the applicant
claims that the determination which resulted in the suspension was erroneous.
(2)
Such application shall be filed with the Village Clerk
by the applicant within 10 days after notice of the suspension of the permit
has been mailed to the applicant or delivered to the applicant in person.
(3)
Upon the filing of the application for appeal, a hearing shall be held thereon pursuant to the provisions of § A157-13 hereof.
(4)
At such hearing the Board of Trustees shall consider
the applicant's application on appeal upon all information available to the
Board of Trustees and as submitted by the applicant and in its discretion
shall receive new or additional evidence in support thereof or in opposition
thereto.
B.
The Board of Trustees, after such hearing, may affirm
the suspension or direct the issuance of or reinstatement of the permit pursuant
to this chapter.
C.
In the event that, following the hearing, the suspension
of the permit is affirmed by the Board of Trustees, the permit shall be deemed
revoked. A permit shall not be subsequently issued to the same applicant for
the same or similar use unless the circumstances or conditions which formed
the basis of the determination leading to the suspension and revocation of
the prior permit are alleviated or eliminated to the satisfaction of the Mayor.
The determination of the Board of Trustees following the hearing shall be
final.
A.
Any hearing held pursuant to this chapter shall be held
on a date, at a place, and hour designated by the Board of Trustees.
B.
The Village Clerk shall give notice thereof, stating
the name and address of the applicant, the subject matter of the hearing and
the date, place and hour thereof, and shall mail a copy of such notice to
the applicant at the address shown on the application for appeal. Notice shall
be given at least 10 days prior to such hearing.
C.
At the option of the Board of Trustees, said Board may
designate two or more members of the Board of Trustees to conduct the hearing
rather than the entire Board.
All fees shall be determined and paid in accordance with the provisions of § A155-4 of this code.
This chapter shall take effect immediately.
