[HISTORY: Adopted by the Board of Trustees of the Village of Lloyd Harbor 2-28-1983 as Article 18 of L.L. No. 2-1983. Amendments noted where applicable.]
The Board of Trustees hereby finds that excessive traffic has been generated by certain events held by nonresidential uses permitted under Article V and Article IX of Chapter 205, Zoning; that streets of the Village are inadequate to handle the flow of traffic thereby generated; that access for fire apparatus and police vehicles and other emergency vehicles on the streets of the Village has been and would be adversely affected; and that Village laws regulating the parking of motor vehicles on Village roads have been violated by reason of excessive traffic and the congestion caused thereby which would require a concentration of police officers in a given area to the detriment of the other areas of the Village.
No owner or occupant of any premises in the Village which are permitted uses under Article V, § 205-9E, F, G, H, and I, and Article IX of Chapter 205, Zoning, shall use or permit the use of such premises for any assemblage, private or public, whether or not there is a charge for admission, at which there is attendance by more than five hundred (500) persons unless he/she shall previously secure a permit from the Police Commissioner.
As used in this chapter, the following terms shall have the meanings indicated:
OWNER or OCCUPANT
Any person, firm, partnership, association, corporation, company or organization of any kind.
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Editor's Note: The definition of "Chief of Police" which immediately preceded this definition was repealed 11-21-1994 as L.L. No. 2-1994.
An application for a permit shall be filed with the Police Commissioner not more than 180 days before the date for which a permit is sought. The applicant shall submit a written application, duly verified, which shall state:
A. 
The location of the premises.
B. 
The name, address and telephone number of the applicant.
C. 
If the permit is sought by an organization, the name, address and telephone number of the principal officer of the organization.
D. 
The date and hours for which the permit is sought.
E. 
The number of persons whose attendance is anticipated and the number of motor vehicles expected to be involved.
F. 
The measures adopted to ensure that the number of persons and motor vehicles anticipated and set forth in any permit granted under this chapter is not exceeded.
G. 
A detailed description of the facilities available for parking on the premises and, if such facilities are inadequate or insufficient, a request for a waiver of the Village parking regulations for the occasion, which waiver may be granted only by the Board of Trustees.
H. 
The number of parking attendants to be provided by the applicant. If the Police Commissioner determines that the attendance of police officers is necessary for the safety of persons and property, the Police Commissioner shall require the applicant to pay to the Village Clerk a sum equal to the reasonable value of the use of equipment and the furnishing of the necessary personnel for such time as will be required in order to reimburse the Village for such expense.
I. 
In the case of an assemblage for which admission is to be charged, a statement of the methods of publicizing the event.
The Police Commissioner shall issue a permit as provided for hereunder when, from a consideration of the application and from such information as may otherwise be obtained, he/she finds that:
A. 
The traffic anticipated will not place an undue burden on Village roads, including private roads open to public motor vehicle traffic.
B. 
The applicant has taken the necessary precautions so that the means of ingress and egress will be kept clear at all times to facilitate the departure of vehicles and to permit the entrance of emergency vehicles. A sufficient number of parking attendants shall be provided by the permittee to ensure the even flow of traffic entering and leaving the premises and to ensure that entrances and exits are kept free from congestion.
C. 
The applicant has taken reasonable precautions to ensure against violation of any Village laws and any other applicable law of the State of New York.
D. 
The conduct of the event will not substantially interfere with the safe and orderly movement of other traffic contiguous to the premises.
E. 
The conduct of the event will not require the diversion of so great a number of police officers to properly police the line of movement in the area contiguous thereto as to prevent normal police protection to the Village.
F. 
The concentration of persons and motor vehicles at the premises will not interfere with proper fire and police protection of or ambulance service to or other emergency services to areas contiguous to the premises of applicant.
The Police Commissioner shall act upon the application for a permit within five days after the filing thereof. If the Police Commissioner disapproves the application, he/she shall mail to the applicant, within seven days after the date upon which the application was filed, a notice of his/her action, stating the reasons for his/her denial of the permit, provided that if an emergency exists, he/she shall act upon the application within 24 hours and if he/she disapproves the same, he/she shall notify the applicant immediately.
The applicant shall have the right to appeal the denial of permit to the Board of Trustees. The appeal shall be taken within five days after written notice of said denial, served personally or by ordinary mail, by filing a notice of appeal, in writing, with the Village Clerk. The Board of Trustees shall act upon said appeal within 15 days thereafter.
The Police Commissioner shall have the authority to revoke a permit issued hereunder upon a finding that the standards for issuance of the permit as set forth in § 62-5 are no longer met.
This chapter shall not apply to customary religious observances and church-related activities, provided that written notice containing the information required by § 62-4 is given to the Police Commissioner 24 hours before the event.