Town of Babylon, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Babylon 12-9-1969.[1] Section 79-5 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Bingo — See Ch. 84.
Block parties; public assembly permits; use of sound equipment — See Ch. 85.
Cabarets — See Ch. 94.
Games of chance — See Ch. 130.
Female exposure — See Ch. 165.
Peddlers and solicitors — See Ch. 167.
Public assembly places — See Ch. 173.
[1]
Editor's Note: The provisions of this chapter derived from Art. I of Ch. 4 of the 1969 Unified Code of Ordinances of the Town of Babylon.

§ 79-1 Certain entertainments prohibited; permit required.

[Amended 10-19-1976; 4-5-1977]
A. 
To preserve public peace and good order and to prevent tumultuous assemblages, all carnivals, circuses, sideshows and public outdoor shows are prohibited in the Town.
B. 
Bazaars and fairs, which are under the sole management and for the profit of local fraternal, charitable or religious organizations, are exempted from the provisions herein or in the foregoing of this chapter; however, a permit therefor is still required and must be issued by the Town Board.
[Amended 6-2-1992]
C. 
Nothing herein shall prohibit a fair or bazaar from providing within such event manually operated or mechanically operated devices in which human beings are carried or propelled, commonly known as "amusement rides," provided that no amusement rides which are capable of carrying persons in each seat or space thereon weighing in excess of 75 pounds for each space or seat on said device shall be permitted at any fair or bazaar. The number of such amusement rides shall not exceed four at any fair or bazaar at any one time, and no other such devices of any weight, regardless of weight limitation or carrying capacity, shall be permitted. A fair or bazaar under the sole management and for the profit of local fraternal, charitable or religious organizations may operate manually or mechanically operated devices in which human beings are carried, commonly known as "amusement rides" without limit as to number of rides or weight limitation in each seat or space, provided that such fraternal, charitable or religious organizations shall operate such fair or bazaar upon property solely owned by such organization or on property owned by any governmental subdivision, fire district or school district with the express written consent of said governmental subdivision, fire district or school district.
[Amended 7-14-1992]

§ 79-2 Restrictions upon permit issuance.

No permit for a fair or bazaar shall be issued for any activity, which in the judgment of the Town Board will unduly disturb the order and peace of the Town or will be immoral or improper, and any permit may be conditioned upon compliance with terms that the Town Board deems proper to ensure proper sanitation, to prevent undue noise, to prevent fire hazards and to protect the public health, safety and welfare.

§ 79-3 Application for permit.

[Amended 6-2-1992]
A. 
Contents. All applications to the Town Board for permits for fairs or bazaars shall be in writing and shall include the following: the application shall supply names, addresses and the telephone numbers of two authorized officers or directors, who will be responsible for and can be contacted during the operation of the event and who shall both sign said application; the application shall set forth the nature of the affair; that the same is for charitable purposes; the hours of operation of the affair and exact dates of operation; the exact location where the affair is to be conducted; a signed statement as to toilet and waste disposal facilities; a notarized letter signed by the property owner stating the nature, extent and duration of the event and granting the applicant permission for the use of the property; a certificate of public liability insurance of not less than $1,000,000 for bodily injury and $200,000 for damage to property, naming the Town of Babylon as an additional insured. Said certificate of insurance shall be noncancellable without 10 days' prior written notice to the Town Clerk.
B. 
Upon filing the application, the applicant must furnish a two-thousand-dollar surety bond, cash or certified check to the Town Clerk to ensure that the applicant will clean the area and put the property in order at the conclusion of the amusement event. If the applicant fails to clean and restore the amusement area or if damage is done to public or private property as a result of said amusement event, the Town Clerk may apply the bond, cash or check to the cost of cleanup or restoration and may recover from the organization such additional costs as may be incurred.

§ 79-4 Issuance of permit upon approval.

Upon the due filing of the application and information as provided in § 79-3 and any bonds that may be required, the Town Board may, upon its approval of such application, direct the Town Clerk to issue a permit to the applicant.

§ 79-5 Transferability of permit.

[Amended 5-7-1985 by L.L. No. 1-1985]
A permit issued as provided herein shall not be transferable. Any holder of such permit who allows it to be used by any other person and any other person who uses such permit granted as provided herein shall each be guilty of a violation of this chapter.

§ 79-6 Term of permit.

A permit issued as provided herein may be issued for a term not to exceed one year, but every permit so issued shall specify the exact term and period of time for which it shall be issued.

§ 79-7 Exhibition of permit upon demand.

All permits issued as provided herein shall be exhibited upon the demand of any peace officer, police officer, health officer, fire chief or member of the Town Board.

§ 79-8 Permit fee.

There shall be no permit fee charged for any application made or permit issued under the provisions of this chapter.

§ 79-9 Permit revocation.

The Town Board, with or without notice to the permittee, at any time for a violation of this chapter or any other ordinance of the Town or any other law, may revoke any permit issued hereunder. Notice of such revocation and the reason or reasons therefor, in writing, shall be caused to be served by the Town Clerk personally or by mailing the same to the address of the applicant as given in the application. A copy of such notice of revocation shall be filed in the office of the Town Clerk.