Town of Huntington, NY PERMIT FOR USE OF PARK FACILITIES

[Amended 3-4-2014 by L.L. No. 9-2014; 6-17-2014 by L.L. No. 25-2014; 11-6-2014 by L.L. No. 39-2014; 8-15-2017 by L.L. No. 33-2017]

(A)

Permit. Whenever any group, league or organization requires the use of recreation or park facilities for a particular purpose, such as picnics, gatherings, league sports, exhibitions, meetings or special events, a permit is required from the Director for the specific use desired in specifically designated areas. Permit fees shall be established by the Town Board from time to time. The following permits are available from the Director:

[Amended 3-5-2019 by L.L. No. 11-2019]

(1)

Special Event Permits: required for special events. A special event is an event, whether indoor or outdoors, that is held on public property or streets, that can reasonably be expected to cause a public gathering that is not part of the normal course of business, such as, but not limited to, assemblies, meetings, antique and craft fairs and exhibitions.

(2)

Athletic Field Permit: required for the use of sport facilities and fields by youth and adult sport organizations and leagues for a period of up to twenty (20) weeks (season).

(3)

Picnic Permit: required for reservation of space at picnic pavilions and other designated picnic areas.

(B)

Application. Completed applications shall be filed a minimum of thirty (30) days prior to the date of the event and all other required documents shall be filed no later than fifteen (15) days before an event as specified on forms provided by the Department of Parks and Recreation. A permit may be denied if all required documents are not submitted within the specified time period, or a late fee, as established by the Town Board, may be imposed. All applications shall be filed with the following:

[Amended 3-5-2019 by L.L. No. 11-2019]

(1)

An application fee as established by the Town Board from time to time.

(2)

In the case of special events, a deposit in an amount fixed by the Director to protect against damage to public property; to insure the area is left in a clean and usable condition; and to reimburse the Town for the direct and incidental costs incurred as a result of the function including the costs of added security. The deposit may be made by credit card, check or money order payable to the Town of Huntington. Any deposit posted shall be refunded if no damage has occurred, all trash has been properly disposed of, and after all costs incurred by the Town have been reimbursed. The permit holder shall be liable for all costs or damages which exceed the amount deposited.

(3)

Any other document required by the Director.

(C)

Insurance requirements. Except in the case of picnics, no permit will be issued until the applicant provides a certificate of insurance issued by an insurance company licensed to do business within the State of New York naming the Town of Huntington, the Huntington Town Board and Huntington Board of Trustees as additional insureds, and a hold harmless agreement in the form approved by the Town Attorney, signed by the applicant and accepted by the Director.

	The insurance coverage must be of an occurrence format and have the following minimum coverage:
	(1)	Bodily injury: one million dollars ($1,000,000.) per person.
	(2)	Bodily injury: two million dollars ($2,000,000.) per occurrence.
	(3)	Property damage: one million dollars ($1,000,000.) per occurrence.
	Request for waiver of insurance

(1)

Special Events. In the case of a community-based organization who demonstrates and attests to the satisfaction of the Town that it cannot afford to purchase insurance in the required amount for a special event, or that procuring insurance would create a severe and undue economic hardship, then in the Town's sole discretion, insurance may be reduced or waived provided the event meets the criteria set forth in section (3). In no event shall the insurance requirements be waived in connection with any other application for use of Town parks and beaches.

(2)

Procedure for waiver. The Director of Parks and Recreation or his Deputy, the Town's Risk Management Consultant, and the Deputy Town Attorney shall together determine whether insurance requirements for a special event can be reduced or waived on a case by case basis. Such reduction or waiver shall be based on (a) a determination that the applicant qualifies as a community-based organization; (b) that the organization cannot afford to purchase insurance in the required amount or that requiring insurance to be purchased would create a severe or undue financial hardship; and (c) none of the activities set forth in the following section are occurring at the event. Where there is insufficient time prior to a scheduled event for the committee to assemble and make a determination on the waiver or reduction, the Town Attorney shall determine the issue in the committee's place and stead. In no event shall the execution of a hold harmless agreement or compliance with any other town or county requirement be waived. The decision of the Town shall be final and binding upon the applicant.

(3)

A waiver or reduction of the required insurance shall not be granted for any special event which includes any of the following activities:

(a)

The service or sale of alcoholic beverages; and/or

(b)

Use of high risk or inherently dangerous activities, including but not limited to, bouncy-houses, rock climbing; and/or

(c)

Use of Carnival rides (whether mechanical or otherwise); and/or

(d)

Ignition of fireworks; and/or

(e)

Animal rides or display of animals.

(D)

When applicable, no permit shall be issued unless the applicant or its vendor(s) has obtained the approval of all governmental or administrative agencies having jurisdiction, including but not limited to, the Huntington Bureau of Fire Prevention, Suffolk County Department of Health Services, Town Board of the Town of Huntington, and New York State Liquor Authority.

(E)

Events or activities which, in the sole opinion of the Director, will jeopardize the safety and welfare of park users or wildlife; unreasonably disturb the peace and good order; or unreasonably interfere or are inconsistent with use of the park or park facilities will not be permitted.

(F)

Conditions of permit. The Director may condition or restrict a permit as in the sole discretion of the Director are reasonable or necessary under the circumstances. Any person who violates a condition or restriction imposed by the Director shall be in violation of this Chapter, and will be cause for revocation of the permit and forfeiture of any deposit posted.

(G)

Material change. Any material change to the information provided in the application shall be immediately reported to the Department of Parks and Recreation. The Director may amend the permit, if a permit has been issued, or deny the permit in whole or in part, or request additional security as is necessary in his or her sole discretion.

(H)

Inspection of permit. Any permit issued shall be available on site for inspection upon request of park personnel, town official or law enforcement official. Failure to have the permit on site shall be deemed a violation of this Chapter, and in addition to any other penalty provided in this Chapter, the group may be directed to vacate the premises.

(I)

Alteration and transfer of permit. A permit issued by the Director pursuant to this Chapter shall not be assigned, altered, sold or transferred by the holder.

(J)

Acceptance of permit. The acceptance of a permit shall constitute an agreement by the permit holder that park rules and regulations, any special condition and restriction of the permit, and the provisions of this Chapter will be observed.

(K)

Temporary structures. The erection of temporary structures for an event is authorized by permit and shall be disclosed on the application.

(1)

Permits for the erection of temporary structures shall be granted based on their intended use; the area requested for the event; the impact, if any, on other users of the park, wildlife and public safety; and any other factor deemed relevant to the Director.

(2)

Temporary structures shall not be in place longer than the time specified on the permit. Structures which remain in place after the event will be removed by park personnel and destroyed, and the expense thereof will be charged against the cash deposit posted by the applicant. The applicant will remain liable for any deficiency.

(L)

Possession and consumption of beer or wine. A person who wishes to serve beer or wine on Town of Huntington property shall be required to obtain prior approval from the Town of Huntington by way of Town Board Resolution; a permit from the New York State Liquor Authority, provide the Town of Huntington with proof of liability insurance and any other documents as may be required by the Town Attorney's Office. No person under the age of twenty-one (21) years shall be served or serve beer or wine in accordance with New York State Law.

[Amended 3-4-2014 by L.L. No. 9-2014]

(M)

Sound amplification: Applications for sound amplification permits, if necessary as per Chapter 141 of the Town Code, must be filed with the Huntington Town Clerk.