[HISTORY: Adopted by the Town Board of the
Town of Shelter Island 5-11-1970. Amendments noted where applicable.]
This chapter shall be known as the "Outdoor
Assembly Ordinance of the Town of Shelter Island."
[Added 10-1-2004 by L.L. No. 13-2004]
By adoption of this chapter, the Town Board
seeks to regulate those listed organized events which attract a large
number of people, and might adversely affect the well-being of Town
residents. Organized activities which are open to the public, either
on private or public property, often involve large assemblages of
people, generally require some control over traffic and parking and
can cause a strain on governmental services, particularly during the
summer season. In the case of events held on public property, the
large number of people which may be drawn to certain events has the
further potential to interfere with the general publics normal use
of highways and municipal facilities. This chapter is intended to
minimize the impact of these activities by appropriate regulation.
[Amended 8-23-1996 by L.L. No. 14-1996; 10-1-2004 by L.L. No. 13-2004]
A.
An outdoor assembly permit shall be required to conduct
the following, whether on private or public property or Town waters:
[Amended 9-7-2007 by L.L. No. 9-2007; 6-6-2023 by L.L. No. 8-2023]
B.
Application.
(1)
Written application must be made to the Town Board
and filed with the Town Clerk, together with a fee of $100, and a
further sum of $100 to assure compliance with the terms upon which
each permit shall be deemed to have been issued.
(2)
Where the Town Board determines that there is no specific
Town benefit from the event, a deposit shall be made in an amount
to be determined prior to issuance of the permit based upon the estimated
direct costs attributable to additional police and highway costs associated
with the event. After the event, the deposit will be used to cover
such costs, and any excess deposit will be refunded.
(3)
The application must be filed at least 30 days in
advance of the earliest date for which the permit is applied for.
Applications seeking to be processed in less time than specified above
shall pay a rush fee in the amount of $100 in addition to the prescribed
application fee.
[Amended 7-14-2006 by L.L. No. 9-2006; 12-8-2006 by L.L. No.
12-2006]
(4)
The application must he signed by an adult who shall
be responsible for the statements therein and for the conditions for
which each permit is deemed issued. No permit shall be issued to any
person who has been convicted of a felony. A permit issued shall be
revoked forthwith for any violation of any of the terms or conditions
herein set forth, which terms shall be as set forth in this chapter.
(5)
The application shall clearly describe the premises
to be used.
(6)
The applicant shall provide a certificate of insurance
evidencing coverage in the amount of $1,000,000 per occurrence/$2,000,000
aggregate, or in another amount as specified by the Town Board, and
naming the Town of Shelter Island as additional insured during the
time of the event.
[Amended 8-23-1996 by L.L. No. 14-1996; 10-1-2004 by L.L. No. 13-2004]
A permit shall be issued only if the proposed
activity is approved by the Town Board. In deciding whether or not
to approve the issuance of such permit, the Town Board shall consider:
A.
The size of the premises in relation to the number
of persons expected to attend the gathering.
B.
The sufficiency of arrangements made to control traffic,
parking, noise, lighting and refuse.
C.
Conflicts with other events which might overtax police
and emergency services.
D.
Conflicts with other events which may cause vehicular
or pedestrian congestion in a particular area of the Town on the date
in question.
E.
The frequency of gatherings proposed or approved for
the premises and whether this frequency is so great that the gatherings
constitute a persistent usage of the property incompatible with its
character or with that of the surrounding area.
F.
In the ease of public gatherings, conflicts with ordinary
public use of the land or facilities involved.
G.
Whether the applicant or owner of the premises at
which the subject gathering is to be held has been convicted for failure
to comply with the terms of any outdoor assembly permit issued within
the last three years.
Any applicant for a permit shall be required
to provide and maintain latrines, of a number and type approved by
rules of the Suffolk County Department of Health, for the use of persons
engaged in conducting the undertaking for which the permits shall
apply and for the patrons of said permitted undertaking, during the
permit period.
[Amended 10-1-2004 by L.L. No. 13-2004]
Upon the expiration or revocation of the permit,
the permit holder shall leave the site clean and free of' all debris.
For a failure to clean up the premises or site, the same shall be
done at the expense of the applicant. The deposit, or as much as remains
after payment of cleanup and police and highway costs, shall be returned
to the permit holder.
The applicant shall be required to prevent patrons,
permittees and/or invitees of the undertaking for which the permit
is issued or persons engaged in conducting the same from trespassing
upon the adjoining property or premises and shall set forth in the
application the details how the same shall be accomplished.
[Amended 6-12-1981 by L.L. No. 1-1981; 10-3-2008 by L.L. No.
9-2008]
An offense against the provisions of this chapter
shall constitute a violation under the Penal Law and shall be punishable
by a fine of not more than $500 or by imprisonment for not more than
15 days, or both.
