Chapter 5.25
PARADES, ATHLETIC EVENTS, BLOCK PARTIES AND OTHER SPECIAL EVENTS
Sections:
5.25.090 Reimbursement for town services.
5.25.100 Revocation or suspension of permit.
5.25.110 Appeals to hearing examiner.
5.25.120 Violations – Penalties.
5.25.130 Cost recovery for unlawful special event.
5.25.010 Definitions.
As used in this chapter, the following terms shall have the meanings set forth below:
(1) “Applicant” means any person or organization seeking a special event permit from the town to conduct or sponsor an event governed by this chapter.
(2) “Athletic event” means an occasion in which a group of persons collects to engage in or watch a sport or form of physical exercise on a town street, sidewalk, alley or other street right-of-way, which obstructs, delays or interferes with the normal flow of pedestrian or vehicular traffic, or does not comply with traffic laws and controls. Athletic events include bicycle and foot races.
(3) “Block party” means a festive gathering on a street requiring a closure of a street, or a portion thereof, to vehicular traffic, and use of the street for the festivity, including barbecues, picnics, music or games.
(4) “Parade” means a march or procession consisting of any number of persons, animals, or vehicles, or a combination thereof, on any town street, sidewalk, alley or other street right-of-way, which obstructs, delays or interferes with the normal flow of pedestrian or vehicular traffic, or does not comply with traffic laws and controls.
(5) “Permit application fee” means the fee to be paid by the applicant for a special event permit at the time the application is filed with the town. The fee shall cover the actual full costs of processing special event applications and administering the provisions of this chapter.
(6) “Permittee” means any person or organization to whom a special events permit has been issued by the town.
(7) “Refundable deposit” means the amount of money a permittee is required to pay to the town to assure adequate cleanup of the special event site. The deposit shall be returned to the permittee upon the completion of the event and confirmation by the town that adequate cleanup did occur, less any portion of the deposit necessary to complete such cleanup.
(8) “Special event” means a street fair, arts and crafts show, carnival, rally, dance, or other events that occur on private property, town property, or a town street, sidewalk, alley or other street right-of-way, which obstructs, delays or interferes with the normal flow of pedestrian or vehicular traffic, or does not comply with traffic laws and controls, or occurs in town parks, open space, or trail areas during nondaylight hours. “Special event” may also mean any event that is reasonably expected to have a substantial impact by requiring city-provided emergency or protective services such as police, fire, public works or other city services.
(9) “Special event permit” means the permit issued by the town after the applicant has met all applicable reviews and requirements as set forth in this chapter.
(10) “Substantial impact” means creating an increase in the amount, scope or level of need for town-provided emergency or protective services such as police, fire or medical aid and/or necessitating special traffic control measures such as barricades, traffic direction by police, or similar measures above those that would normally be required without the event and that results in actual, documented costs to the town due to the event. Substantial impact may also mean any other event or activity that affects the ordinary use of parks, public streets, sidewalks, traffic, etc., and will generate or invite considerable public participation and/or spectators.
(11) “Town” shall mean the town of Hunts Point. [Ord. 559 § 2, 2022; Ord. 509 § 1, 2015]
5.25.020 Permit required.
Any person wanting to conduct or sponsor a parade, athletic event, block party, or other special event in the town that will take place on public rights-of-way or any other public property and/or will create a substantial impact and use of town services shall first obtain a special event permit from the town. [Ord. 509 § 1, 2015]
5.25.030 Permit fee.
The fee for a special event permit shall be set by resolution. [Ord. 509 § 1, 2015]
5.25.040 Permit application.
(1) Any person or organization wanting to sponsor a parade, athletic event, block party, or other special event shall apply for a special event permit by filing a complete application on the form as supplied by the town at least seven calendar days prior to the date on which the event is to occur.
(2) A complete application for an individual shall include the applicant’s full name, street address, telephone number, and date of birth. An individual applicant shall also disclose all criminal convictions within the preceding five years, and the name or location of the court in which the conviction was entered. The application shall include the name, address and telephone number of the person who shall be directly in charge of and responsible for the event.
(3) A complete application for an organization, whether formal or informal, shall include the organization’s full name, street address, telephone number (including home or cellular phone numbers for all officers, directors, or persons exerting significant management authority) and, if applicable, the state or location of incorporation or other legal creation. The organization shall also designate in the application at least two contact persons for purposes of the proposed special event. All such contact persons shall also provide the information required of individuals in subsection (2) of this section. The application shall include the name, address and telephone number of the person who shall be directly in charge of and responsible for the event.
(4) A complete application for any applicant shall also include payment of the permit fee and specific details regarding the date, time, duration, and route or other location of the proposed special event. The application shall include whether the event will require the use of any town street or right-of-way and, if so, the location and dimensions of the proposed use, together with a statement as to the dimensions of remaining unobstructed street or right-of-way. If the permit sought is for the use of a town street not connected with the event, a full and complete description of the use sought to be made of the street by the applicant and the duration of such use. The application shall include plans for the assembly and dispersal of the event, including times and locations thereof, and setup/take-down times. The application shall further include reasonable estimates regarding the number of expected participants or spectators, reasonable information regarding the criteria set forth in HPMC 5.25.060, and any other information required in the reasonable discretion of the town necessary or useful to the town’s decision to grant, condition, or deny any special event permit.
(5) The town shall issue the special event permit as set forth in HPMC 5.25.050 only after a complete application has been reviewed by appropriate town departments, including police, fire, town engineer, and others as determined by the town, and approved for issue. [Ord. 509 § 1, 2015]
5.25.050 Permit issuance.
A special event permit shall be denied based upon the determination that:
(1) The proposed event would unreasonably prevent or block the provision of emergency services within the town, including access by emergency vehicles to or from residences. In no event shall a special event permit be issued for any activity on a dead end or cul-de-sac street; or
(2) The conduct of the event is reasonably likely to cause substantial injury to persons or property; or
(3) The event would unduly disturb the use by the public of the public streets and/or sidewalks; or
(4) The applicant fails to complete the application form after having been notified of any required additional information or documents; or
(5) Information contained in the application, or supplemental information received from the applicant, is found to be false in any material detail. [Ord. 509 § 1, 2015]
5.25.060 Permit conditions.
The town may condition the issuance of a special event permit by imposing reasonable requirements concerning the time, place and manner of the event. Any such conditions shall be designed to protect the safety and rights of persons and property, control traffic, and otherwise address issues of public safety and order. Such conditions include but are not limited to:
(1) Alteration of the date, time, route or location of the event proposed on the event application;
(2) Conditions concerning the area of assembly and disassembly of an event;
(3) Conditions concerning accommodation of pedestrian or vehicular traffic, including restricting the event to only a portion of a street or to any other specified public property;
(4) Requirements for the use of traffic cones or barricades;
(5) Requirements for the provision of additional services including but not limited to police services, medical aid services, or sanitary facilities. Whenever such services are provided, the applicant shall reimburse the town for the costs incurred by the town in providing them;
(6) Requirements for use of and payment for event staff and provision of notice of permit conditions to event participants;
(7) Restrictions on the number and type of vehicles, animals, equipment, or structures at the event;
(8) Compliance with animal protection ordinances and laws;
(9) Requirements for use of and payment for garbage containers, cleanup, and restoration of town property or other impacted private property;
(10) Restrictions on the use of amplified sound;
(11) Requirements for advance written notice to residents and/or businesses regarding any special event which would require a street closure;
(12) Requirements to show that the conduct of such event will not unduly interfere with the movements of emergency response equipment en route to a call for service; and
(13) Adequate plans for parking exist to meet the need generated by the proposed special event;
(14) Whenever the requested permit is for an action which will require the use of any town street, or other town property, whether or not such use is connected with an event, the applicant must agree to indemnify, defend and hold the town harmless from any and all claims for bodily injury or property damage that may arise out of or in connection with the applicant’s permitted event or use;
(15) Such other and further conditions as the town deems necessary to reasonably ensure that the proposed event does not in any way create a likelihood of endangering those who may participate or be spectators;
(16) If any of the above criteria are not met by the permit application, the town shall deny the permit or may issue the permit with such conditions as the town deems necessary for the permit application to meet all of the criteria set forth above. [Ord. 509 § 1, 2015]
5.25.070 Indemnification.
(1) Prior to and as a condition of the issuance of a special event permit, the permit applicant, and an authorized officer of any sponsoring organization, must agree to reimburse the town of Hunts Point for any costs incurred by the town in repairing damage to town or private property occurring in connection with the permitted event.
(2) Prior to and as a condition of the issuance of a special event permit, the permit applicant shall agree to defend, indemnify and save harmless the town, its appointed and elective officers and employees, from and against all loss or expense, including but not limited to judgments, settlements, attorneys’ fees, expert witness fees, and costs by reason of any and all claims and demands upon the town, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom sustained by any person or persons, and on account of damage to property including loss of use therefrom, arising out of any activity under or in connection with this event, except only such injury as shall have been occasioned by the sole negligence of the town, its appointed or elected officers or employees. Any concurrent negligence or fault between the permittee and the town shall be apportioned ratably.
(3) The town shall require a refundable deposit relating to reimbursement of costs for cleanup services. The amount of such deposit shall be within the reasonable discretion of the town, and shall be further based on the information provided in the application and in the recommendation of other town departments included in the review of the application. [Ord. 509 § 1, 2015]
5.25.080 Insurance required.
Permittee shall provide the town with proof of commercial general liability insurance in the amount of $1,000,000 combined single limits per occurrence, and an endorsement naming the town of Hunts Point as an additional insured must be provided. [Ord. 509 § 1, 2015]
5.25.090 Reimbursement for town services.
The permittee shall be responsible for all reasonable costs incurred by the town for the expenditure of funds, manpower or equipment to ensure the safe and orderly conduct of an event or disassembly or removal of any articles erected or used in connection with the event or collection of trash and debris occasioned by the event. These costs include but are not limited to police and fire services. The permittee shall reimburse the town for such costs in a timely manner. [Ord. 509 § 1, 2015]
5.25.100 Revocation or suspension of permit.
All permits issued pursuant to this chapter shall be temporary, shall vest no permanent rights in the applicant or permittee, and may be revoked by the town as follows:
(1) The permit may be immediately revoked by the town in the event of a violation of any of the terms or conditions of the permit; or
(2) The permit may be immediately revoked by the town in the event the permitted special event shall become, for any reason, unreasonably dangerous to persons or property, or if any structure or obstruction permitted becomes unreasonably insecure or unsafe. Nonexhaustive examples of “unreasonably dangerous” behavior or occurrences include the commission of any criminal act or, in the judgment of a police officer, probable cause to believe that any criminal act has been committed; or
(3) If any event for which the permit has been revoked is not immediately discontinued, the town may remove any structure or obstruction, or cause to be made, without obligation to do so, such repairs upon the structure or obstruction as may be necessary to render the same secure and safe, or terminate any special event. The cost and expense of such removal, repair or termination shall be assessed against the permittee, including all professional fees associated with enforcement of the collection of the same. [Ord. 509 § 1, 2015]
5.25.110 Appeals to hearing examiner.
The decision of the town under this chapter to issue, condition, or deny a special event permit may be appealed to the hearing examiner. Such appeal must be in writing and filed with the town within five days from the date of the town’s decision. Any such appeal must specifically identify the claimed error or errors in the town’s decision, set forth the specific relief requested to be granted with supporting rationale, and be accompanied by a $250.00 filing fee. Incomplete appeals shall be rejected. The hearing examiner shall, as soon as practicable, fix a time and place for the hearing of such appeal. Following hearing on the appeal, the examiner may affirm, reverse and/or modify the town’s decision, or remand the decision to the town for further consideration. [Ord. 509 § 1, 2015]
5.25.120 Violations – Penalties.
Any person who violates any of the provisions of this chapter shall be guilty of a gross misdemeanor and shall, upon conviction thereof, be punished by a fine in a sum not to exceed $5,000, or by imprisonment for a term not to exceed one year, or by both such fine and imprisonment. In addition, each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by any person constitutes a separate offense. Any violation may further be abated as a nuisance, or otherwise at law or equity. [Ord. 509 § 1, 2015]
5.25.130 Cost recovery for unlawful special event.
Whenever a special event is conducted without a special event permit when one is required or is conducted in violation of the terms of an issued event permit, the permittee shall be responsible for, and the town shall charge the permittee for, all town costs incurred as a result of the adverse impacts of the special event or the violation of the special event permit, including the town’s collection costs and attorneys’ fees related to cost recovery. [Ord. 509 § 1, 2015]