[HISTORY: Adopted by the Board of Trustees
of the Village of Sagaponack 10-15-2008 by L.L. No. 12-2008. Amendments noted
where applicable.]
The erection of tents for the temporary enclosure
of persons or property typically incident to a social event risks
adversely impacting the peace and quiet of residential neighborhoods
within the Village, and this chapter is intended to enable a review
of any such planned activity so as to protect the public interest,
including the expectation of peace and quiet particularly during seasonal
periods of greater activity.
As used in this chapter, the following terms
shall have the meanings indicated:
Lasting or enduring with the intent to remain indefinitely.
Any movable structure or shelter consisting of material stretched
entirely or partially over a framework of beams, rods or posts.
No person shall erect, construct or maintain
a permanent tent on land owned or occupied by said person located
within the Village.
In no event shall any person erect, construct
or maintain a tent to remain on public or private land located within
the Village for the purpose of storing any vehicle, boat or mechanical
equipment.
A.
No person shall erect, construct or maintain a tent
to remain on public or private property within the Village for seven
or fewer consecutive days unless a permit is issued by the Village
Clerk.
B.
Any application for a permit shall be submitted at
least 60 days prior to any requested date of issuance.
C.
Any such application shall be accompanied by a fee
of $500, except as such fee may be changed from time to time by resolution
of the Board of Trustees.
D.
Upon receipt, any such application shall be reviewed
by the Village Clerk to determine whether it is complete, and, upon
any such determination, the Village Clerk shall refer said application
to the Town of Southampton Fire Marshal for a report to the Board
of Trustees on whether the proposed tent structure complies with all
applicable provisions of the New York State Uniform Fire Prevention
and Building Code, the NFPA Life Safety Code, the NFPA Temporary Membrane,
Structures/Tents Code and any other applicable building, life safety
or fire safety regulations.
E.
Any such application shall be approved or denied by
the Board of Trustees, which, in its discretion, may require a public
hearing on any such application if the Board determines there is a
substantial risk of any of the following:
(1)
Adverse impact on the health, safety and welfare of
the community; or
(2)
Undue inconvenience to neighbors; or
(3)
Adverse impact on property values or the aesthetic
character of the neighborhood; or
(4)
The proposed use is unlawful; or
(5)
The tent will remain for more than seven days or more
than 24 hours after any event using the tent is concluded; or
(7)
Any use of the tent is commercial.
A.
With respect to any approval granted hereunder, the
Board of Trustees may impose any reasonable conditions it deems appropriate
to protect the health, safety and welfare of the community and/or
to preserve the surrounding property values and aesthetic character
of the neighborhood community.
B.
Within 24 hours of the expiration of a permit issued
hereunder, the tent for which the permit was granted shall be disassembled
and removed from the Village or stored inside an accessory building
or garage by the person(s) issued the permit.
This chapter shall not apply to any tents or
outdoor covered structures that cover less than 100 square feet.
A.
Any person who shall violate any provisions of this
chapter or any of the rules and regulations adopted by the Building
Inspector pursuant to this chapter shall be guilty of a violation
punishable by a fine not exceeding $1,000 or imprisonment for a period
not to exceed 15 days, or both. Each day's continued violation shall
constitute a separate violation.
B.
For the purpose of conferring jurisdiction upon courts
and judicial officers generally, violations of this chapter shall
be deemed violations, and, for such purpose only, all provisions of
law relating to violations shall apply to such violations.
