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HomeMy WebLinkAboutLL 3 of 2006 Motorcades Parades and Public Assemblies NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET Local Law Filing ALBANY NY (Use.this form to file a local law with the Secretary of State,) Text of law should be given as amended.Do not include matter being eliminated and do not use nal�cs or underlining to indicate new matter. 13 MVj I* of LANSING Town YVIMP Local Law No. 3 of the year 2006 A local law MOTORCADES,__PARADE i _AND. PfFBLI 5 EM LIEF LOCAL LAW NO, 3 OF THE YEAR 2006 Be It enacted by the - Tn SaARn _._ of the ltuw+.9rt�rt+�dre aody) MIX of I9H5IN� - ^� as follc„s: Town LOCAL LAW NUMBER 3 OF 2006 ARTICLE A: INTRODUCTION Section 1. Authority This Local Law is adopted pursuant to the authority granted the Town in Section 10 of the Municipal Home Rule Law and in Section 130 of Town Law, and related provisions of law and the regulations arising there under. Section 2. Title This Local Law shall be known as the Town of Lansing Motorcades, Parades and Public Assemblies Local Law, Local Law Number 3 of 2004,. Section 3. Purpose of the Motorcades, Parades and Public Assemblies Local Law By adoption of this Local Law,the Town declares its intent to regulate and control the Motorcades, Parades and Public Assemblies of Persons that occur within the Town's boundaries. The Town Board hereby declares that a clean, wholesome, and attractive environment is of vital importance to the continued general welfare of its citizens,and that Motorcades, Parades and Public Assemblies of Persons within the Town's boundaries can constitute or pose health, safety, and environmental a hazards and risks to persons and properties, and can constitute attractive nuisances to children and certain adults. Section 4. Prior Existing Local Laws This Local Law shall replace and supersede all prior existing Town Laws and ordinances relating to Motorcades, Parades and Public Assemblies of Persons with the Town's boundaries. ARTICLE B: DEFINITIONS For the purpose of this Local Law,the following words and phrases shall have the meaning ascribed to them in this Article. Enforcement Officer.Any Person appointed by the Town Board to represent the Town in particular matters pertaining to this Local Law. Motorcade: An organized procession containing 10 or more Vehicles, except funeral processions, upon any public highway, road, street, sidewalk, parking lot, alley, or public location within the Town. Motorcade, Parade Or Public Assembly Permit: A permit issued by the Enforcement Officer granting the right to hold or conduct a Motorcade, Parade or Public Assembly. Noncompliance Notice: A notice issued by the Enforcement Officer stating facts and circumstances concerning any portion of a Motorcade, Parade or Public Assembly that the Enforcement Officer determines to be out of compliance with the terms and/or requirements set forth in this Local Law or in any Motorcade, Parade or Public Assembly permit Parade: Any march, walk-a-than, procession, or similar event consisting of Persons, animals or Vehicles, or any combination thereof, except funeral processions, upon any public property that either (1) does not comply with normal and usual traffic regulations or controls,and/or(2)that will or potentially will disrupt or interfere with normal and customary traffic uses and traffic flow. Permittee: The holder of a Motorcade, Parade or Public Assembly permit. Person(s): Any individual(s), entity(ies), firm(s), partnership(s), association(s),corporation(s),company(ies),or organization(s) of any kind. Public Assembly. The holding of any meeting of persons at any location within the Town, in such numbers which, if not controlled or regulated, can reasonably be expected to interfere with the use of public property by others. A public gathering of 25 or more persons over a period of 15 or more minutes for reasons other than sporting events, funerals, church related activities, private parties, picnics, weddings, wholly indoor events, and government sponsored functions shall constitute a presumption that such meeting will or can be expected to interfere with the use of public property by others. Public Assembly shall include any mass gathering of Persons at any location in the Town where more than 200 Persons gather indoors or outdoors for any purpose other than sporting events, funerals, church related activities, private parties, picnics, weddings, and government sponsored functions. Any gathering in tents or other non-permanent or semi-permanent structures or shelters shall be deemed an outdoor event. Sheriffs Permit: A permit issued by the Tompkins County Sheriffs Department granting the right to hold or conduct a Motorcade, Parade or Public Assembly. Town. The Town of Lansing, New York. When used in relation to any Motorcade, Parade or Public Assembly law, regulation, requirement, policy, procedure, or benefit or protection incurred for the benefit of the Town of Lansing, and whenever the context otherwise requires,'Town"shall include all elected officials, appointed officials, employees, the Enforcement Officer,and agents of the Town. Town Board: The Town Board of the Town of Lansing,New York. Unpermitted Sponsor., Any Person who sponsors, promotes, initiates, creates, undertakes or participates in any Motorcade, Parade or Public Assembly which has not been permitted by the Town. Vehicles: Any contrivance or device that is or can be used to transport any cargo or Person, whether movable or powered by an engine,gears,solar energy,wind, manpower, or otherwise. Verified Statement.• A statement of the remedial costs and expenses incurred by the Town, or its agents or contractors, including the 50% administrative and overhead surcharge, as referenced in Article G(and elsewhere) in this Local Law. ARTICLE C: REGULATIONS CONCERNING MOTORCADE, PARADE OR PUBLIC ASSEMBLIES Section 9. Public Safety/Sheriffs Permit No Motorcade, Parade or Public Assembly of any kind may be held unless a Sheriffs Permit has first been issued by the Tompkins County Sheriffs Department. At a minimum, an application to the Tompkins County Sheriffs Department concerning a Sheriffs Permit for a Motorcade, Parade or Public Assembly shall contain the following information: A. The name, address and telephone number of the applicant or applicants and the name of the organizers or sponsoring organizations, if any. B. The date, hours, duration and beginning and ending locations at which the Motorcade, Parade or Public Assembly is scheduled to be held. A plan with drawings and written explanations showing and specifying the route of the Motorcade or Parade or the layout(s) of the Public Assembly site, including parking areas for Vehicles and methods of traffic control to be used thereon. C. An estimate of the size of the Motorcade, Parade or Public Assembly. D. The nature and purpose of the Motorcade, Parade or Public Assembly. E. The type, size, and nature of any signage, banners, floats, and presentations and performances of any kind. F. Whether or in what form police protection is required. G. Whether amplification of sound or voice is to be made,the method(s)by which such amplification(s)will be made(bullhoms, voice projection cones,amplifiers,etc.)and the anticipated decibel level to be created by such amplification method(s). H. Plans to assure the public safety and order. Section 2. Burning No materials of any kind shall be burned before, at,or after any Motorcade, Parade or Public Assembly without a permit from the Chief of the Town Fire Department, except in compliance with the New York State Solid Waste Disposal Law (see NYCRR Part 215.and related provisions of law and regulations,as now exist or as hereafter amended). No open fires of any sort shall be permitted without the written approval of the Chief of the Town Fire Department, which approval (a) may be withheld upon any reasonable basis, and/or (b) shall not be given whenever the New York State Department of Environmental Conservation has issued advisories or warnings against open fires due to any environmental or other conditions, such as but not limited to air quality Issues,drought,or high wind. "Burning"shall include any and all fireworks or other displays of sight or sound using any combustible materials. Section 3. Burying No materials of any kind shall be buried or partially buried before, at, or after any Motorcade, Parade or Public Assembly except in compliance with the New York State Solid Waste Disposal Law (see NYCRR Part 360 and related provisions of law and regulations,as now exist or as hereafter amended). ARTICLE D: MOTORCADE, PARADE OR PUBLIC ASSEMBLY PERMIT AND INDEMNIFICATION REQUIRMENTS Section 1. Motorcade,Parade or Public Assembly Permit Required No Person shall establish, maintain, suffer, license, or allow a Motorcade, Parade or Public Assembly wholly or partially within the Town unless a Motorcade, Parade or Public Assembly permit has first been issued for such Motorcade, Parade or Public Assembly pursuant to this Local Law. Section 2. Motorcade,Parade or Public Assembly Permit Renewal All Motorcade, Parade or Public Assembly permits shall be issued for period(s)of 6 hours or less, after which time a Motorcade, Parade or Public Assembly permit renewal application and approval shall be required. A Motorcade, Parade or Public Assembly permit renewal application shall consist of the approved initial Motorcade, Parade or Public Assembly permit application, updates concerning any new or different information, together with a re-certification by the Permittee or applicant concerning the accuracy of all information provided in the renewal application. If the Enforcement Officer determines that the Motorcade, Parade or Public Assembly permit renewal application is complete and accurate,then the Enforcement Officer may issue the Motorcade, Parade or Public Assembly permit renewal. Section 3. Motorcade, Parade or Public Assembly Indemnification Required No Person shall establish, maintain, suffer, license, or allow a Motorcade, Parade or Public Assembly wholly or partially within the Town unless a properly executed Motorcade,Parade or Public Assembly Indemnification Agreement,as approved by the Town,has first been delivered to and received by the Enforcement Officer. ARTICLE E: APPLICATION PROCEDURE Section 1. Application for a Motorcade,Parade or Public Assembly Permit The applicant for a Motorcade, Parade or Public Assembly permit shall obtain application forms from the Enforcement Officer. The completed forms, along with two copies of the forms,together with the appropriate fees,if any,shall be delivered to the Enforcement Officer at least 10 days prior to the day the Motorcade, Parade or Public Assembly is to be held. The Enforcement Officer shall approve or deny each Motorcade, Parade or Public Assembly permit application within 5 days following the date the application is delivered. If the application is denied, the reasons for the denial shall be set forth in reasonable particularity. No application shall be deemed to be complete without the submission of any required Motorcade, Parade or Public Assembly indemnification agreement. Section 2. Motorcade, Parade and Public Assembly Permit Application Requirements At a minimum, each application for a Motorcade, Parade or Public Assembly permit shall be by verified petition, addressed to the Town Board, and shall contain the following: A. A Sheriffs Permit showing approval of the Motorcade, Parade or Public Assembly by the Tompkins County Sheriffs Department. B. A statement specifying whether food or beverages are intended to be prepared, sold, or distributed. If food or beverages are intended to be prepared, sold or distributed, a statement specifying the method of preparation and distribution of the food or beverage. All such food and beverage providers must, whenever required by any law, regulation, or rule, possess all required permits from the Town, the County of Tompkins, and/or the State of New York, including all subdivisions,departments,and/or boards of health thereof. C. A detailed plan with drawings and written explanations showing and specifying: the method and means of disposing of garbage, trash, rubbish and other refuse; the property lines and all highway and roadway lines; all wells and sanitary sewers within 500 feet of the property; the source and method of water and electrical supplies; the locations of any streams, lakes,wetlands,floodplains and other bodies of water on or within 500 feet of the property; all parking and loading areas; all Vehicle and pedestrian ways; all existing and/or proposed natural or artificial fencing and screening; and any other pertinent matter required in the application or other unique feature of the property. D. A written statement specifying whether private security personnel or local law enforcement officers will serve during the Motorcade, Parade or Public Assembly and, if so,the names and addresses of such Persons, the services and/or duties to be performed by such Persons,and the qualifications of each such Person. E. A detailed, written plan specifying the facilities, if any, to be available for medical and ambulance service(s), including the names and addresses of all medical providers and ambulance service providers, if any, that the applicant will provide during the Motorcade, Parade or Public Assembly. F. A written statement subscribed by the applicant stating that the applicant shall not allow more Persons to participate in the Motorcade, Parade or Public Assembly than is specked in the Motorcade, Parade or Public Assembly permit. G. A properly executed Motorcade, Parade or Public Assembly indemnification agreement. H. A written statement from the owner of any property which the Motorcade, Parade or Public Assembly will use at any time for any purpose, which statement must unequivocally (1) provide permission or a license to so use such property during the duration of the Motorcade, Parade or Public Assembly, and (2) grant to the Town and the Enforcement Officer (and their agents and other governmental inspectors and police agencies) the right to enter upon the premises at any time to inspect for compliance with this Local Law, including all pertinent times both before and after the Motorcade, Parade or Public Assembly. I. The application fee. J. The Enforcement Officer may require that the applicant submit an Environmental Assessment Form("EAF")that is in compliance with the New York State Environmental Quality Review Act and 6 NYCRR Part 617("SEQRA"). If the EAF indicates that the proposed Motorcade, Parade or Public Assembly may have significant environmental impacts or consequences,the applicant shall be required to prepare and submit a Draft Environmental Impact Statement("DEIS")with the application. The application shall not be considered complete until the EAF is reviewed by the lead agency and/or until the DEIS, if one is required, has been accepted by the Town Board.The Town Board may hold public hearings upon the EAF or DEIS,and when required by law,the Town Board shall hold such public hearings. K. Any other information required by the permit form, including but not limited to names,addresses,contact numbers,etc. Section 3. Application Fee A non-refundable fee for a Motorcade, Parade or Public Assembly permit shall accompany all applications in an amount as the Town Board may, from time to time,establish by Resolution. Section 4. Advisory Authorities The Enforcement Officer, before issuing any Motorcade, Parade or Public Assembly permit,may seek advice from any or all of the following agencies: A. The New York State Department of Health and/or the Tompkins County Health Department, or any officer, agent or subdivision thereof. B. The Lansing Fire Department, the Tompkins County Sheriffs Department and/or the New York State Police, or any officer or agent thereof. C. The Town of Lansing Highway Superintendent, the Tompkins County Highway Department, and/or the New York State Department of Transportation, or any officer, agent or subdivision thereof. D. The Town Board, the Town's Planning Board, the Town's Zoning Board of Appeals, or any of the Town's Officers, Clerk's, Elected Officials,Appointed Officials,employees,and/or agents. E. Any members of the public potentially affected by the proposed Motorcade, Parade or Public Assembly. Q F. Any neighboring municipality or county if any portion of the proposed Motorcade, Parade or Public Assembly is to occur or be located within 1,000 feet of any such neighboring municipality or county. G. Any consultant or expert. Section 5. Issuance of a Motorcade,Parade or Public Assembly Permit A. In the event the Enforcement Officer approves an application for a Motorcade, Parade or Public Assembly permit, the Motorcade, Parade or Public Assembly permit shall be issued by the Enforcement Officer, unless the approval was made subject to the satisfaction of certain prior conditions. Then and in such event, the Enforcement Officer shall issue a Motorcade, Parade or Public Assembly permit only after said prior conditions have been met and/or complied with. B. All Motorcade, Parade or Public Assembly permits shall state that the Enforcement Officer and all other relevant public officials shall have the right to inspect a Motorcade, Parade or Public Assembly at any time. C. The Enforcement Officer may (and is hereby allowed to) determine that any proposed Motorcade, Parade or Public Assembly may or could cause liability, loss, or expense to the Town or any other Person. Such determination of the Enforcement Officer shall be reasonably made. In the event the Enforcement Officer makes a determination of the existence of any potential liability, loss, or expense, the Enforcement Officer, as a prior condition to the issuance of any permit, may require that the applicant (or Permittee upon any renewal application) provide a bond and/or other undertaking, and/or insurance (or any combination of these), to protect the Town from and against any such potential liability, loss, or expense. Such bond, undertaking, or insurance shall be in amounts reasonably determined by the Enforcement Officer, and any required insurance shall name the Town as an additional insured. The existence of any bond, undertaking or insurance does not affect the indemnity obligations otherwise owed to the Town, nor may any Person be or be deemed an intended beneficiary of such bond, undertaking, or insurance (as the Town shall be the sole beneficiary thereof and may collect and/or disburse any proceeds thereof in its discretion). D. If any eiectrical services are proposed or to be utilized at or in connection with any Motorcade, Parade or Public Assembly, all electrical installations are required to be inspected by the Town Electrical Inspector, and all permits issued shall be subject to fulfillment of such requirement at least 48 hours prior to the commencement of the proposed Motorcade, Parade or Public Assembly. ARTICLE F: GENERAL PERMIT CONSIDERATIONS Section 1: General Permit Considerations In granting or denying a Motorcade, Parade or Public Assembly permit, the Enforcement Officer shall take the following factors into consideration: A. Whether a Sheriff's Permit for the Motorcade, Parade or Public Assembly has been obtained and submitted to the Enforcement Officer. B. The proximity of the Motorcade, Parade or Public Assembly site to established residential areas, recreational areas, nursing homes or other medical facilities, firehouses, schools, or unique natural areas (including the lakefront and tributaries thereto),or main access routes thereto. C. The nature and type of proposed Motorcade, Parade or Public Assembly. Consideration under this factor should be viewpoint/content neutral, but such neutrality does not require the Town to ignore relevant factors related to the type of Motorcade, Parade or Public Assembly. D. The availability of other suitable routes or locations for the Motorcade, Parade or Public Assembly. E. Whether or not the proposed route or location can be reasonably protected from unreasonably affecting the public health and safety by reason of offensive or unhealthy conditions, processes, noises, odors,smoke,or materials. F. Whether the proposed Motorcade, Parade or Public Assembly will conflict in terms of route, location,or time with any other event or the normal flow of Persons or traffic. G. The size, number and type of Vehicles potentially involved, directly or indirectly, with such proposed Motorcade, Parade or Public Assembly;the number of Persons present or expected;the suitability and size of the location proposed or chosen;the proposed duration of the Motorcade, Parade or Public Assembly,and other related factors. H. The suitability and sufficiency of all services proposed to be provided, included but not limited to ambulance and medical care, police and security, food and beverage services, sanitary and refuse handling and removal, parking areas, water distribution systems, electrical supply systems, ingress and egress, traffic handling and routing, the sufficiency of all routes, roadways, pedestrian walkways and gathering areas, fire control plans, systems and devices, and the proper installation and inspection of any of the foregoing. I. The accuracy and sufficiency of any application materials, including but not limited to any site plan,drawing,survey,or map. J. The potential for unreasonable amounts or levels of disruption, nuisance, or other adverse effect upon any nearby residents or businesses, or any adverse impacts upon flora, fauna and the environment. ARTICLE G: ADMINISTRATION AND ENFORCEMENT Section 1. Enforcement Officer A. The Enforcement Officer shall review the application for a Motorcade, Parade or Public Assembly permit. In the event the Enforcement Officer determines that the application for a Motorcade, Parade or Public Assembly permit satisfies the conditions set forth in this Local Law and any special conditions imposed or applicable, the Enforcement Officer shall issue a Motorcade, Parade or Public Assembly permit. In the event the Enforcement Officer determines that the application for a Motorcade, Parade or Public Assembly permit satisfies most of the conditions set forth in this Local Law,the Enforcement Officer may, but is not required to, issue a Motorcade. Parade or Public Assembly permit based upon the remaining conditions being met prior to the occurrence of the Motorcade, Parade or Public Assembly. B. The Enforcement Officer may make inspections of each Motorcade, Parade or Public Assembly to ensure that the requirements of this Local Law and/or any permit are met. The Enforcement Officer shall report any observed violations to the Town Board. C. The Enforcement Officer shall issue a Noncompliance Notice for any conditions that are observed to be in violation of this Local Law, or in violation of any conditions stated upon any Motorcade, Parade or Public Assembly permit. Any Person who receives a Noncompliance Notice shall be in violation of this Local Law and shall endeavor to bring the Motorcade, Parade or Public Assembly into compliance as soon as possible. D. In the event of a disaster, calamity, riot or other public emergency, any of (i) the Enforcement Officer, (H) the Town Constable, (iii) the Tompkins County Sheriffs Department, (iv) the New York State Police, or (v) any Person designated by the Town in the event the Town declares any state of emergency, may immediately revoke a Motorcade, Parade or Public Assembly permit by delivering a written revocation to the Permittee. Such Revocation may take effect immediately upon delivery. Section 2. Revocation of a Motorcade, Parade or Public Assembly Permit After issuance of any Noncompliance Notice, the Enforcement Officer may revoke or restrict any Motorcade, Parade or Public Assembly permit. if any court proceedings are brought concerning such alleged violations,and the Permittee is found not guilty, or there is another adjudication in favor of the Permittee pertaining to the alleged violation of this Local Law or any Motorcade, Parade or Public Assembly permit issued hereunder, then the Motorcade, Parade or Public Assembly permit shall be reinstated by the Enforcement Officer with the same effect as if (1) no Noncompliance Notice had ever been issued, and (2) no revocation had occurred. If no such court proceeding is brought, then within 10 days of such revocation, any aggrieved Permittee may request a hearing before the Town Board. If a hearing is so requested, the Town Board shall hold such hearing within 20 days. Such hearing may be a public hearing at the sole discretion of the Town Board. Notice of any public hearing shall be made,in the official newspaper at least 5 days prior to the date thereof. Each Permittee shall be notified of the hearing by certified mail at least 5 days prior to the hearing. At the hearing the Town Board shall hear all Persons wishing to be heard concerning the revocation of the Motorcade, Parade or Public Assembly permit. The Town Board shall issue its decision within 10 days of any hearing, and may confirm the revocation of the Motorcade, Parade or Public Assembly permit, reinstate such Motorcade, Parade or Public Assembly permit, or reinstate(and/or amend or re-issue) such Motorcade, Parade or Public Assembly permit upon any one or more conditions. Section 3. Cleanup, Remedlation or Restoration of a Motorcade, Parade or Public Assembly The Enforcement Officer may order any Permittee, applicant or Unpermitted Sponsor to cleanup, remediate,and restore any property upon which a permitted or unpermitted Motorcade, Parade or Public Assembly (including those for which a permit was revoked)occurs. The subject property shall be restored to its condition prior to use as a Motorcade, Parade or Public Assembly site, or to its natural condition. The Permittee, applicant or Unpermitted Sponsor shall have no more than 1 day in which to cleanup, remediate, and restore the subject property. Upon notification given by the Enforcement Officer to the Town Supervisor that the Permittee, applicant or Unpermitted Sponsor of a Motorcade, Parade or Public 1' Assembly has failed or refuses to cleanup, remediate, and/or restore the subject �.J premises within that 1 day period, the Town Supervisor may, but is not required to, cause the Town to commence or contract out the cleanup, remediation, and restoration of the subject property. After such work has been completed, the Enforcement Officer shall file in the office of the Town Clerk a Verified Statement of all the direct costs of the cleanup, remediation, and/or restoration of the subject premises, together with a 50% surcharge as compensation to the Town for administering, supervising, and handling said work in accord with the provisions of this Local Law. Such Verified Statement shall be served by personal service or by certified mail upon the Permittee, applicant or Unpermitted Sponsor at the time of filing. Section 4. Judgment The Town may enter a civil judgment against any Permittee, applicant or Unpermitted Sponsor in the amount of any Verified Statement. Such civil action may be commenced in the Town Court, or any other court of competent jurisdiction,and enforced in accord with law. Section 5. Fines&Penalties A. Any Person who shall suffer, maintain, commit,or allow any violation of this Local Law shall be (1) guilty of an unclassified misdemeanor and subject to a fine of not more than $1,500.00 and a period of incarceration not to exceed 30 days,or(2)subject to a civil penalty of not more than$3,000.00 to be recovered by the Town of Lansing in a civil action. Every such Person shall be deemed guilty of a separate offense for each day that such violation, disobedience, omission, neglect or refusal shall continue. Similarly, a separate civil penalty shall apply and/or be assessable for each day that such violation, disobedience, omission, neglect or refusal shall continue. All provisions of New York Law generally applicable to misdemeanors shall apply to any criminal proceeding brought under this sub-section. B. In addition to the above provided criminal and civil fines, sentences, and penalties, the Town Board may also maintain actions or proceedings in the name of the Town in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any article of this Local Law, and to compel the payment of the amounts referenced upon any Verified Statements,including all costs,expenses,and the 50%surcharge, incurred by the Town in its efforts to cleanup, remediate, or restore the premises upon which a Motorcade, Parade or Public Assembly is or was located or routed. Section 6. Transfer of Title or Assignment by Owner A transfer of title(or any interests therein)in any premises by any Owner shall be no defense to any proceeding under this Local Law. No assignment of any obligations imposed by this Local Law shall be a defense to any proceeding under this Local Law. Section T. Indemnity Each Person working upon any cleanup, remediation, or restoration work following a Motorcade, Parade or Public Assembly, including all Persons acting in furtherance of the performance of any work pursuant to or under any Noncompliance Notice, shall indemnify, keep and save harmless the Town from and against any and all losses,costs,damages, expenses,judgments, claims, or liabilities of any kind whatsoever which may accrue against or be charged to or recovered from the Town from or by reason of or on account of accidents, injuries, damages, and/or losses to Persons or property during any cleanup, remediation,or restoration work. This indemnity provision shall be construed and applied to the maximum extent permitted by law. Section 8. Method and Progress of Cleanup Work In the cleanup, remediation, or restoration of the premises of any Motorcade, Parade or Public Assembly, or any part thereof, any and all cleanup, remediation, or restoration work shall be undertaken with a diligent regard to, and a diligent application of, all applicable safety standards, rules, laws and regulations, in accord with the safest practice and customs in the applicable cleanup industry. Section 9. Limitation on Liability The Town shall not be liable or responsible for any injury to Persons or damage to property due to the Town's actions or failures to act under or pursuant to this Local Law, unless it is proven to a reasonable degree of certainty that such injury or damage was solely caused by a willful or intentional act of the Town. Such limitation includes, but is not limited to, any and all claims that injury, damage, loss or liability was caused or contributed to in whole or in part by the issuance or non- issuance of any permit, or the alleged or actual failure to impose or not impose any certain conditions, or the alleged or actual failure to verify or monitor compliance or non-compliance with this Local Law or any permit issued hereunder. ARTICLE H: WAIVERS&VARIANCES Where the Town Board finds that, due to the special circumstances of a particular case, a waiver of certain requirements is justified, a waiver may be granted. In all cases, no waiver shall be granted unless the Town Board finds and records in its minutes that: 1. Granting the waiver would be keeping with the intent and spirit of this Local Law, and is in the best interests of the community. 2. The nature and duration of any non-conforming Motorcade, Parade or Public Assembly, and its effect upon the character, appearance, or welfare of any Persons or the environment. 3. There are special circumstances involved in the particular case. 4. Denying the waiver would result in undue hardship to the applicant, provided that such hardship has not been self-imposed. 5. The waiver is the minimum necessary degree of variation from the requirements of this Local Law. ARTICLE[: MANAGEMENT Every Perrnittee,applicant or Unperrnitted Sponsor shall personally manage and be personally responsible for the Motorcade, Parade or Public Assembly. ARTICLE J: SEVERABILITY If any clause, sentence, paragraph, section or article of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or article thereof directly involved in the controversy in which such judgment shall have been rendered. ARTICLE K:ARTICLE 78 The determinations of the Town Board and the Enforcement Officer referenced in this Local Law shall be deemed"final determinations"for purposes of Article 78 of the New York Civil Practice Laws and Rules CCPLR"). Notwithstanding this, standing under said Article 78 of the CPLR shall only be appropriate after the exhaustion of any appeals as provided for in this Local Law. ARTICLE L:EFFECTIVE DATE This Local Law shall be effective upon filing." `� Dated: May 17,2006