[HISTORY: Adopted by the Board of Trustees of the Village of Roslyn
Harbor 1-21-1970 by Ord. No. 7; amended
in its entirety by 10-12-1978 by L.L. No. 3-1978.
Subsequent amendments noted where applicable.]
No person shall cause or permit to take place on public or private property
in the Village any parade, exhibition, concert, dog show, antique show, horse
show, or other similar event, performance or display without first obtaining
a permit therefor from the Village Clerk. This requirement shall not apply
to property within the Village owned by the County of Nassau and which is
controlled or limited in its purposes and uses by other written agreements.
No person shall conduct or cause to have conducted on any residential
premises subject to this chapter any sale of personal property, as defined
herein, owned by the owner of the premises or by any other person residing
thereat, without first obtaining a permit therefor.
An application for such a permit shall be written and verified and shall
set forth:
A.
The name and address of the applicant.
B.
The name and address of the person responsible for the
conduct of the proposed activity.
C.
A full description of the nature of the proposed activity.
D.
The number of persons expected to attend.
E.
Details with respect to sanitary facilities, if needed,
and off-street parking.
F.
Date, time and duration of the proposed activity.
The Village Clerk may issue permits for the foregoing events subject
to such conditions as may be reasonable to protect the residents of the area
from noise and inconvenience, to preserve the residential character of the
Village and to otherwise further the public interest and general welfare and
ensure compliance with all other Village ordinances and regulations.
A.
Application for a permit pursuant to this section shall be made to the Village Clerk at least 15 days prior to the scheduled date of sale or event. Each application for a permit shall be accompanied by payment of a fee plus a refundable deposit as set forth in Chapter 125, Fees and Deposits, and shall be made on a form supplied by the Village Clerk. The Village Clerk is authorized to reduce the refundable deposit to $10 when the applicant is, or acts on behalf of, a bona fide charitable, nonprofit or educational institution and where the purpose of such special event is to raise funds for the institution.
B.
Unless specifically authorized by the permit, no sound-reproducing
equipment may be used in connection with the activities permitted under this
chapter.
C.
No application for a permit shall include more than two
consecutive event dates. No such permit shall be issued more frequently than
once in each calendar year for the same location, parcel or address.
D.
No event or sale shall begin prior to 10:00 a.m. or continue
after 5:00 p.m. on any day.
E.
It shall be lawful for three printed, nonilluminated
signs to be posted at authorized locations in the Village, which signs must
be removed by the permit holder not later than two hours after termination
of the sale or event. Failure to remove all signs within the specified period
will automatically cause the forfeit of all deposits placed by the applicant
with the Village.
F.
A permit for a sale or event will be issued upon a proper
and sufficient showing by the applicant and a determination by the Village
Clerk that the provisions of this chapter have or will be complied with and
that proper safety and traffic precautions have been taken or will be taken
to protect the public health, safety and welfare. The Village Clerk is authorized,
when the nature of the planned activity so requires, to demand the posting
of additional deposits, the carrying of insurance in favor of the Village
and/or the posting of surety bonds to protect or indemnify either the public
or the Village.
As used in this chapter, the following terms shall have the meanings
indicated:
The contents of a home, including garages, and outdoor statuary and
outdoor personal property, and all other items commonly used in and about
the residence, including but not limited to furniture, furnishings, rugs,
lamps, dishes, paintings, antiques, tapestries, silverware, silver service,
cookware and decorative items and the like.
Special events described in §§ 221-1 and 221-2 above are not intended to limit a property owner's right to conduct personal social functions on his own premises. This chapter shall be applicable only to the specified class of events at which the general public is admitted with or without an admission charge.
A.
It shall be unlawful to bring into or upon any premises
for the purpose of sale any personal property which has not been customarily
located at or in connection with the dwelling where the sale is to take place.
B.
A permit issued pursuant to the provisions of this chapter
shall be conspicuously displayed at the premises at all times during such
sale or event and shall be exhibited to any person authorized to inspect therefor.
C.
Any permit issued pursuant to this chapter may be revoked
with or without notice by either the Village Clerk or the Board of Trustees
for breach of any of the conditions contained in such permit or for any reason
which would have warranted an initial denial of the permit.
A.
B.
In addition to the fine or penalty hereinabove provided,
any condition caused or permitted to exist in violation of any of the provisions
of this chapter shall be deemed a public nuisance and may be abated by the
Village as provided by law. Each day that such violation continues shall be
regarded as a new and separate offense.
C.
Obedience to the provisions hereinbefore set forth may
be enforced by a criminal information for the penalty herein described, as
well as by civil action at law or equity by means of an injunction or otherwise
to abate or prevent a violation of the provisions of this chapter. The imposition
of a penalty for a violation of this chapter shall not excuse the violation
or permit it to continue, and the remedies herein provided for penalties and
civil actions to enjoin or abate a violation shall be cumulative.
[Added 4-21-2005 by L.L. No. 4-2005]
A.
PRIVATE RECREATIONAL CLUB
Definition. As used in this section, the following terms
shall have the meanings indicated:
A building and/or related facilities owned or operated by a corporation,
entity, association or group of individuals established for the recreational
use and enjoyment of its members and not primarily for profit, and whose members
pay dues and meet certain prescribed qualifications for membership.
B.
Prohibition inapplicable. The prohibition contained in:
(1)
Section 221-4C of this chapter prohibiting the issuance of a permit for a special event no more frequently than once in each calendar year for the same location shall be inapplicable to private recreational clubs; and
(2)
Section 221-4D of this chapter providing that no special event shall continue after 5:00 p.m. shall be inapplicable to private recreational clubs; provided, however, that no special event held or sponsored by a private recreational club is to extend beyond 12:00 midnight of the day of the special event.
C.
Additional prohibitions and requirements.
(1)
In addition to the information required by § 221-3:
(a)
Any application for a permit by a private recreational
club for a special event shall be filed with the Village no less than 31 days
prior to the date of the special event;
(b)
Any application for a permit by a private recreational
club for a special event shall state whether additional parking will be required
in connection with such special event other than in existing parking areas
on its property and/or whether off-site parking is intended to be made available,
and if so in either event, a plan showing where such additional parking will
be provided shall accompany the application;
(c)
If live music or amplification is proposed to be used,
the application shall so state and contain a sketch or diagram of the location
of the live music, a description of the equipment or instruments constituting
the live music and the location and positioning of any amplification equipment
and the direction such equipment will face;
(d)
If new or additional lighting is proposed to be used
in connection with a special event, a sketch or diagram and description of
the location of lighting proposed to be used, the proposed positioning of
such lighting and the screening plan to be utilized in order to minimize the
intrusiveness of such lighting upon adjoining properties shall accompany the
application; and
(e)
Any application for a permit by a private recreational
club for a special event shall contain the name(s) and telephone number(s)
of the manager(s) who will be in attendance at the special event and responsible
for maintaining compliance with all conditions contained in any permit; any
changes in the manager(s) responsible or his (their) contact information must
be submitted to the Village no later than one business day prior to the scheduled
special event.
(2)
Any proposed parking, amplification and/or lighting plan
submitted with the application must be approved by the Building Department.
(3)
In addition to any conditions reasonably imposed by the
Village Clerk or the Building Department, any permit issued by the Village
Clerk for a special event shall also be subject to the following:
(a)
Special events are one-day events and may occur only
between the months of June and September, inclusive, and there must be at
least 13 calendar days between each special event with no more than four special
events in the aggregate during such June through September period;
(b)
Special events may only be held on Fridays, Saturdays,
Sundays or the day before or day of a nationally recognized holiday which
causes the closure of federal or state offices; provided, however, that no
permit shall be issued for a special event where the day succeeding a special
event is a regular school day and designated as such on the school calendar
of either the Roslyn School District or the North Shore School District;
(c)
Attendance at special events at a private recreational
club shall be limited to its members, residents of the Village and guests
of such members and residents with no tickets or other means of attendance
being offered to the general public; and
(d)
No lighting, music or amplification shall be permitted
beyond 12:00 midnight of the day of the special event.
(4)
Concurrently with the issuance of a permit for a special
event to a private recreational club, the applicant shall deliver to the Village
Clerk a notice to adjoining property owners, in form and content acceptable
to the Village Clerk, together with postage prepaid and pre-addressed envelopes
to such adjoining property owners, advising such property owners of the nature,
date and time of the special event. The Village Clerk shall mail the notice
so delivered to the adjoining property owners promptly following receipt.
D.
Zoning provision inapplicable. In the event a permit for a special event seeking live music or amplification in connection with such special event is granted to a private recreational club, for the duration of the special event as set forth in the permit, the private recreational club shall be exempt from the provisions of § 275-16A(5) of Chapter 275, Zoning, prohibiting outdoor music.
E.
Other laws applicable. Notwithstanding the provisions of this section applicable to private recreational clubs or the issuance of a permit, nothing contained herein shall be deemed or construed as prohibiting or limiting the prohibition contained in and enforcement of § 182-5C, Prohibition of unreasonable noise, of this Code.
