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: Art. I, 6-19-1984 by L.L. No. 6-1984. Amendments noted where applicable.]
GENERAL REFERENCES
Bazaars and fairs — See Ch. 79.
Noise — See Ch. 156.
Public assembly places — See Ch. 173.
[Adopted 6-19-1984 by L.L. No. 6-1984]

§ 85-1 Legislative findings.

[Amended 2-25-1992 by L.L. No. 1-1992]
Historically, the permission of the Town Board has been necessary for the granting of public assembly permits, the holding of a block party and/or for the use of sound equipment within the Town of Babylon. The Town Board has now determined that, provided that a request meets certain criteria established in this article, permission by resolution of the Town Board should no longer be required, but rather the permit should be issued directly by the office of the Town Clerk. Additionally, it shall be the policy of the Town to communicate information regarding all permits issued pursuant to this article to the Suffolk County Police Department.

§ 85-2 Block party permits.

Provided that a request meets the criteria set forth in this section, the Town Board hereby delegates to the Town Clerk the authority to issue block party permits:
A. 
The request must be made at least four weeks before the proposed date.
[Amended 6-2-1992 by L.L. No. 3-1992]
B. 
The request must be made by an individual resident of the street and include that resident's address and both home telephone number and a telephone number where the individual can be reached during regular business hours.
C. 
The request shall include the date and rain date.
D. 
No more than two requests may be granted for each block during any one calendar year.
E. 
The request shall state the hours of operation, but in no event shall a permit be granted for a block party commencing before 10:00 a.m. or terminating after 11:00 p.m. when the day following the block party is a Saturday, Sunday or holiday, or terminating after 10:00 p.m. when the day following the block party is a regular workday.
F. 
The request shall indicate which intersections are to be blocked, and no request may be granted by the Clerk which requests the blocking of any state or county roads or other major thoroughfares in the Town which, in the opinion of the Town Clerk, would be severely disruptive of traffic in or about the proposed site.
G. 
The request shall specifically indicate whether any of the intersections to be blocked are controlled by traffic lights.
H. 
The request shall include a sketch of the area involved showing the various intersections.
I. 
The request shall be accompanied by a petition of the signatures and addresses of residents on the subject street. The Clerk shall not issue a permit unless the petition contains signatures representing at least 85% of the homes to be included by the permit.
J. 
The applicant shall furnish a certified check in the sum of $100 to guarantee the cleanup performance on the part of the applicant or his agent. The applicant consents to allow the Town of Babylon to apply said sum of $100 towards cleanup upon failure of the applicant to do so in the time required therefor. In no event shall any portion of said cleanup fee be refunded until the Commissioner of the Department of Public Works shall have inspected the block and approved of the release of said fee or the balance remaining.
[Added 6-2-1992 by L.L. No. 3-1992; amended 9-7-1994 by L.L. No. 26-1994]
K. 
No block party shall charge a fee for any item, including but not limited to admission, food or beverage.
[Added 6-2-1992 by L.L. No. 3-1992]
L. 
The Police Department and any other law or code enforcement entity shall have the authority to order termination of the block party for violation of the conditions of the permit or for violation of any Town, county or state law or ordinance.
[Added 6-2-1992 by L.L. No. 3-1992]

§ 85-3 Use of sound equipment permits.

[Amended 6-2-1992 by L.L. No. 3-1992; 7-12-1994 by L.L. No. 11-1994]
Provided that a request meets the criteria set forth in this section, the Town Board hereby delegates to the Town Clerk the authority to issue use of sound equipment permits.
A. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A, requiring that the request be made at least four days before the proposed date, was repealed 11-16-1999 by L.L. No. 20-1999.
B. 
The request must include the applicant's address and both home telephone number and a telephone number where the individual can be reached during regular business hours.
C. 
The request will list the club or organization requesting the permit, if any, and the purpose for the use of the sound equipment. The Clerk may not issue permits for commercial purposes.
D. 
The request shall include the date and the rain date.
E. 
The request shall state the hours of operation, but in no event shall a permit be granted for the use of sound equipment commencing before 10:00 a.m. or terminating after 11:00 p.m. when the day following the event is a Saturday, Sunday or holiday, or after 8:00 p.m. when the day following the event is a regular workday.
F. 
The request shall include the location or area where the sound equipment will be used, but in no event shall a permit be granted for the use of sound equipment within 500 feet of a residence or within any residential zone, except that a sound equipment permit may be issued in conjunction with the issuance of a permit for a block party, bazaar or fair.
[Amended 10-13-1998 by L.L. No. 13-1998]
G. 
The request shall include a description of the sound equipment.
[Added 10-13-1998 by L.L. No. 13-1998]

§ 85-4 Public assembly permits.

[Added 2-25-1992 by L.L. No. 1-1992]
Provided that a request meets the criteria set forth in this section, the Town Board hereby delegates to the Town Clerk the authority to issue public assembly permits.
A. 
The request must be made at least two weeks before the proposed date.
B. 
The request must be made by an individual resident of the Town and include that resident's address and both a home telephone number and a telephone number where the individual can be reached during regular business hours.
C. 
The request will list the club or organization requesting the permit, if any, and the purpose for the requested public assembly permit. The Town Clerk may not issue permits for commercial purposes.
D. 
The request shall include the date and rain date.
E. 
The request shall state the hours of operation, but in no event shall a permit be granted for the conduct of a public assembly commencing before 10:00 a.m. or terminating after 11:00 p.m. when the day following the event is a Saturday, Sunday or holiday or after 8:00 p.m. when the day following the event is a regular workday.
F. 
The request shall include the location or area where the public assembly will be held and whether any streets, highways or roadways will be blocked by the public assembly. No request may be granted by the Town Clerk which requires the blocking of any state or county roads or other major thoroughfares in the Town which, in the opinion of the Town Clerk, would be severely disruptive of traffic in or about the proposed sites.
G. 
The request shall include a sketch of the area involved showing the various intersections.

§ 85-5 Noncompliance.

[Amended 2-25-1992 by L.L. No. 1-1992]
In the event that an applicant fails to comply with the criteria established in § 85-2, 85-3 or 85-4 herein, the Town Clerk shall mark the permit as denied and forward a copy of the denied permit to the Town Supervisor and the Town Attorney, including the reason for the denial.