[HISTORY: Adopted by the Board of Trustees of the Village of West Hampton Dunes as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-12-2012 by L.L. No. 2-2012]
This article shall be entitled "Local Law No. 2 of 2012 of the Incorporated Village of West Hampton Dunes, a Local Law Adopting Regulations Regarding Bonfires and Tents in the Village of West Hampton Dunes."
Pursuant to § 10 of the Municipal Home Rule Law and the Village Law of the State of New York, the Incorporated Village of West Hampton Dunes, County of Suffolk, and State of New York, hereby enacts by this article a local law of the Village of West Hampton Dunes.
The Board of Trustees of the Village of West Hampton Dunes determines and finds that it is in the best interests of the Village, its residents, property owners and guests, and of the preservation of good order and public safety in the Village of West Hampton Dunes to adopt regulations regarding bonfires and tents in the Village of West Hampton Dunes.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The purpose and intent of this article is to protect the safety and well-being of the residents of the Village and their guests and families by adopting regulations regarding bonfires and tents in the Village of West Hampton Dunes.
A. 
A permit must be obtained from the Police Constabulary of the Village of West Hampton Dunes to conduct any of the following operations or to store, handle or use materials that are considered to present an extra or unusual fire hazard to life or property as follows:
(1) 
Bonfires: all fires conducted on public property and outside of a building, except fires in a barbecue pit or cooking device or other similar out-of-doors eating or cooking device.
(2) 
Tents: all tents on public property and applicants for permits to erect a tent will be required to submit a certificate that the tent is made of flame-resistive materials.
B. 
A permit issued under this section shall continue until revoked or for the period of time designated therein at the time of the issuance of the permit. The permit shall be issued to one person or business only and for the location or purpose described in the permit. Any change that affects any of the conditions of the permit shall require a new or amended permit. Permits shall not be transferable or assignable, and any change in activity, operation, location or ownership shall require a new permit.
C. 
The Police Constabulary of the Village of West Hampton Dunes may grant an extension of the permit time period upon presentation by the permittee of a satisfactory reason for failure to start or complete the work or activity authorized by the permit within the required time period of the permit.
D. 
When a temporary hazardous situation is anticipated for conditions not otherwise regulated by this article, the Police Constabulary is authorized to issue a temporary special permit for the duration of the hazard.
E. 
Only one permit shall be required for each location of a firm that may be required to obtain more than one permit under permit requirements. Such a consolidated permit shall list all hazardous materials or operations covered by the permit. Revocation of any portion or portions of such a consolidated permit for specific hazardous materials or operations shall not invalidate any remaining portion of the permit.
F. 
Applications for permits shall be made to the Village of West Hampton Dunes and shall include the applicant's answers in full to inquiries set forth on such forms. Applications for permits shall be accompanied by such data as may be required by the Village of West Hampton Dunes and such fees as may be established by the Board of Trustees.
G. 
The Village of West Hampton Dunes shall review all applications submitted, determine compliance with applicable provisions of the code and issue permits as required. If an application for a permit is rejected by the Village, the applicant shall be advised of the reasons for such rejection.
H. 
A copy of the permit shall be posted or otherwise readily accessible at each place of operation or carried by the permit holder, as specified by the Village of West Hampton Dunes.
I. 
Whenever any installation, which pursuant to a permit issued under this article is subject to inspection prior to use, is covered or concealed without having first been inspected, the Village of West Hampton Dunes may require by written notice that such work be exposed for inspection. The Village shall be notified when the installation is ready for inspection, and the Village shall conduct the inspection within a reasonable period of time. When any construction or installation work is being performed in violation of the plans and specifications as approved by the Village, a written notice shall be issued to the responsible party to stop work on that portion of the work that is in violation. The notice shall state the nature of the violation, and no work shall be continued on that portion until the violation has been corrected.
J. 
Any activity authorized by any permit issued under this article shall be conducted by the permittee, the permittee's agents or employees in compliance with all requirements of this article applicable thereto and in accordance with the approved plans and specifications. No permit issued under this article shall be interpreted to justify a violation of any provision of this article or any other applicable law or regulation. Any addition or alteration of activities conducted under a permit issued under this article or any addition or alteration of approved plans or specifications shall be approved in advance by the Police Constabulary of the Village of West Hampton Dunes, as evidenced by the issuance of a new or amended permit.
K. 
Permits shall be issued by the Village of West Hampton Dunes Police Constabulary. In addition, the permit shall show:
(1) 
Operation or activities for which the permit is issued.
(2) 
Address or location where the operation or activity is to be conducted.
(3) 
Name and address of the permittee.
(4) 
Permit number and date of issuance.
(5) 
Period of validity of the permit.
(6) 
Inspection requirements.
L. 
Any permit issued under this article shall not take the place of any other license or permit required by other applicable codes or laws.
M. 
The Police Constabulary of the Village of West Hampton Dunes and the Village of West Hampton Dunes shall have the authority to revoke, suspend or deny the granting of any permit, approval or certificate required by this code for noncompliance with the provisions of such permit, approval or certificate or failure to meet the provisions of this code for the issuance of such permit, certificate or approval.
A. 
Any person aggrieved by the determination of the Village of West Hampton Dunes with respect to a permit, approval or certificate required hereunder may appeal to the Board of Trustees within 15 days of the receipt of the determination by filing a written application with the Village Clerk setting forth the basis for said appeal. A public hearing shall be held by the Board of Trustees within a reasonable time after the filing of the application.
B. 
The Board shall have the power to affirm, modify or annul the determination of the Chief Fire Marshal; to vary or waive any provision of this code; or to render interpretations of the provisions of this code.
C. 
In any appeal based upon a request for a variance or waiver of the provisions of this code, the applicant shall have the burden of establishing that the public health, safety and welfare will not be adversely affected.
Fees for each permit under this chapter, including late fees and fees for all lost, stolen, or destroyed permits, shall be established from time to time by resolution of the Board of Trustees. Fees shall not be refunded in the event that an application is denied, nor shall there be any reduction in fees for permits issued for a fractional part of the year.