[HISTORY: Comes from L.L.
No. 36-1974,[1] adopted 4-2-1974, effective 4-4-1974.]
[1]
Editor's Note: This local law repealed former Ch. 105,
Carnivals and Circuses, adopted 9-15-1964 by L.L. No. 5-1964, as amended
3-19-1968 by L.L. No. 4-1968.
This chapter has been reenacted to protect the residents of
the Town of Hempstead and the public at large from nuisances and hazards
which result from the unregulated operation of bazaars, carnivals,
circuses, fairs and other amusements of a similar type.
As used in this chapter, the following words and phrases shall
have the meanings assigned:
Any kind of machine, apparatus or device which is designed
or used to propel, project or move a person through the air, along
the ground or otherwise, and shall include a carousel, Ferris wheel,
gravity steeplechase, scenic railway, parachute jump and other similar
machinery customarily associated with amusements or carnivals.
As used herein, in addition to ordinary definition, shall
include a permanent stadium or arena.
Any special event conducted by a charitable organization
as defined in Article 7-A of the Executive Law of the State of New
York or a Religious Corporations Law corporation as defined in Article
1 of the Religious Corporations Law of the State of New York or a
not-for-profit corporation as defined in Article 1 of the Not-For-Profit
Corporation Law of the State of New York.
[Amended 3-10-1992 by L.L. No. 16-1992, effective 3-20-1992]
Any individual, firm, partnership, corporation, association,
company or organization of any kind.
Any bazaar, carnival, circus, fair, freak show, pony track,
rodeo or other amusement of like kind and nature.
A license or instrument granted by the Town Clerk pursuant
to the provisions of this chapter.
The land area located within the boundary of the Town of
Hempstead under the jurisdiction of the Town Board, excluding the
City of Long Beach and the incorporated villages.
The Town Clerk of the Town of Hempstead.
It shall be unlawful to conduct a special event in the Town
unless there is compliance with the following provisions:
A.
A special event license issued by the Town Clerk shall be required
in order for any person to conduct a special event.
B.
Except in a case of a charitable, religious or not-for-profit corporation
event or activity, as defined in this chapter, no special event shall
be conducted unless a special exception permit or license is obtained
pursuant to the provisions of Article XXVII of the Building Zone Ordinance
of the Town of Hempstead applicable to a place of amusement and/or
amusement ride facilities.
[Amended 3-10-1992 by L.L. No. 16-1992, effective 3-20-1992]
C.
No special event permit or license shall be required for a charitable,
religious or not-for-profit corporation event or activity, as defined
in this chapter, that is conducted wholly within a building which
complies with the applicable provisions of the Building Zone Ordinance
of the Town of Hempstead, Code of the Town of Hempstead and all other
laws, rules and regulations pertaining to places of public assembly.
[Amended 3-10-1992 by L.L. No. 16-1992, effective 3-20-1992]
D.
Amusement rides, as a temporary facility not to exceed 10 days'
duration, shall be permitted in any special event, including a charitable,
religious or not-for-profit corporation event or activity, only upon
compliance with the following additional procedure:
[Amended 4-19-1977 by L.L. No. 42-1977, effective 4-25-1977; 3-10-1992 by L.L. No.
16-1992, effective 3-20-1992]
(1)
Application for approval of said amusement rides shall be made to
the Board of Appeals of the Town of Hempstead pursuant to Article
XXVII of the Building Zone Ordinance of the Town of Hempstead. In
the case of a charitable, religious or not-for-profit corporation
event or activity and in lieu of the requirements of Article XXVII
of the Building Zone Ordinance of the Town of Hempstead, the applicant
shall file the following:
(a)
Eight copies of a sketch showing the area to be occupied by
the proposed amusement rides.
(b)
A complete and accurate list of owners and occupants of all
lands within a radius of 200 feet of said amusement ride location.
(c)
A filing fee of $175.
[Amended 3-16-1982 by L.L. No. 27-1982, effective 3-22-1982]
(2)
The Board of Appeals shall forthwith call a public hearing to be
held on the first available date.
(3)
Any approval of said amusement rides by the Board of Appeals shall
be subject to the following:
(a)
Not more than eight amusement rides per acre of vacant land
shall be permitted.
(b)
Compliance with the applicable provisions of the Labor Law of
the State of New York and the rules and regulations of the Industrial
Board of Appeals.
(c)
Compliance with the applicable rules and regulations of the
Town of Hempstead Department of Buildings and the codes of the Town
of Hempstead.
E.
Nassau County Veterans Memorial Coliseum.
[Amended 9-27-1983 by L.L. No. 81-1983, effective 10-5-1983; 3-10-1992 by L.L. No.
16-1992, effective 3-20-1992]
(1)
Nothing contained in this chapter shall apply to the structure known
as the "Nassau County Veterans Memorial Coliseum" or the conduct of
any activity therein; however, anything to the contrary notwithstanding,
the contents of this chapter shall otherwise apply to the grounds
and parking area immediately adjacent to the Nassau County Veterans
Memorial Coliseum except as provided below.
(2)
Amusement ride facilities used in conjunction with a special event
shall be permitted on a temporary basis not to exceed 17 days'
duration on the grounds and parking area immediately adjacent to the
Nassau County Veterans Memorial Coliseum.
F.
Under no circumstances shall a special event be permitted upon business
or residentially zoned property used or designated as a parking lot,
whether municipal, public or private, except when permitted by the
Board of Appeals and, in the case of a Town municipal parking lot,
only upon permission first being granted by the Town Board to use
a Town municipal parking lot and except that amusement ride facilities
used in conjunction with a special event shall be permitted on a temporary
basis as indicated in this chapter on the parking lot areas and grounds
adjacent to the Nassau County Veterans Memorial Coliseum.
[Amended 4-19-1977 by L.L. No. 42-1977, effective 4-25-1977; 3-10-1992 by L.L. No.
16-1992, effective 3-20-1992]
An application for a permit to conduct a special event pursuant to § 105-3 shall be in writing on a form prescribed by the Town Clerk and filed with the Town Clerk not less than 10 days before the special event and shall contain the following items:
A.
The proposed location of the special event; the dates when the special
event shall be conducted; the names and addresses of the sponsor(s)
and operator(s).
B.
The written permission of the property owner.
D.
The approval of the Nassau County Department of Health.
E.
A copy of the temporary building permit for a pavilion, tent or other
temporary enclosure, issued by the Department of Buildings.
F.
The posting of a cash bond of $500 to guarantee cleanup by the exhibitor
after the special event, except where the special event is conducted
on premises owned by the person making the application.
G.
The application fee shall be $10.
H.
Evidence of the approval of a detailed itinerary and plans and specifications
for tents, seats, entrances and exits, issued by the New York State
Labor Department, Division of Safety and Health.
[Added 10-7-1986 by L.L. No. 76-1986, effective 10-17-1986]
I.
A certificate of structural integrity and safety of the rigging and/or
installation of any temporary enclosure proposed to be used by the
public, and the seating and any other structure proposed to be used
by the public. Such certificate shall be based upon an evaluation
of the installation after its completion and prior to its use and
shall bear the signature and seal of an engineer or architect registered
for professional practice in the State of New York.
[Added 10-7-1986 by L.L. No. 76-1986, effective 10-17-1986]
A person shall not permit any performance of a special event
to be continued after 11:00 p.m. Eastern or daylight saving time.
A person shall not suffer or permit any dismantling or removal
of the equipment used for the special event after 12:00 midnight Eastern
or daylight saving time.
The provisions of Chapter 144 of the Code of the Town of Hempstead entitled "Unnecessary Noise" shall be applicable to a special event.
A.
Any person committing an offense against this chapter or any section
or provision thereof shall be guilty of a violation punishable by
a fine not exceeding $250 or imprisonment for a period not exceeding
15 days for each such offense, or by both such fine and imprisonment.
B.
Each day such offense shall continue shall constitute a separate
additional violation.
C.
In addition to the penalties herein provided, the license
shall be subject to suspension or revocation by the Town Clerk.
