[HISTORY: Adopted by the Board of Trustees of the Village of Sag Harbor 12-9-2008 by L.L. No. 8-2008 (Ch. 44A of the 1968 Compilation). Amendments noted where applicable.]
Unless otherwise expressly stated, the following terms shall, for the purposes of this chapter, have the meanings set forth below:
- CHARITABLE ORGANIZATION
- An organization as defined in New York State Executive Law § 171-a, including but not limited to not-for-profit corporations. Such charitable organizations shall provide services or funds that benefit residents of the Village of Sag Harbor.
- Any individual, firm, partnership, association, corporation, company or organization of any kind, including a charitable, religious, membership, hospital or not-for-profit corporation.
- SPECIAL EVENT
- Any social occasion or activity whether occurring on public
or private property, having more than 75 persons in attendance, private,
by invitation only or open to the public, conducted outdoors, with
or without an admission fee or donation and held on a one-time or
occasional basis, including, but not limited to, carnivals, circuses,
fairs, bazaars and outdoor shows, horse shows or exhibitions, concerts,
parties of any type, road rallies and parades. A special event permit
will be required regardless of the number of expected persons, where
the proposed event is to walk, run, or bike on any public street or
road or will require a road closure. The provisions of this chapter
apply to all waters or waterways in the Village and to all waters
or waterways bordering the Village to a distance of 1,500 feet from
the shore, except as otherwise shown on the chart. Said chart is on
file in the Village Office.[Amended 7-10-2012 by L.L. No. 4-2012]
- VILLAGE BOARD
- The Sag Harbor Village Board of Trustees.
The Village Board finds that events which attract a large number of people, if not regulated by the Village, can adversely affect the well-being of Village residents. Large gatherings can disturb nearby residents in the peaceful enjoyment of their homes and property and can be harmful to the public safety and welfare. Large assemblages of people generally require some control over traffic and parking and can cause a strain on police services, particularly during the summer season. Experience has shown the need for a procedure whereby the Village can be informed in advance of such gatherings and can regulate them.
The potential for large gatherings to negatively affect the surrounding community and the Village is particularly troublesome given that the lots in the Village are relatively small and as such are located close to one another and additional parking for such events is generally unavailable. 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 public's normal use of highways and municipal facilities.
In regulating special events, the Village Board recognizes that Sag Harbor is a resort community, with tourism and a seasonal influx of population, and that the activities of residents, social and otherwise, will sometimes involve the assembly of large numbers of people in private homes and elsewhere in the community. The nature of life in the Village is conducive to these social assemblages. The Village Board does not wish to curtail these types of activities or to restrict the ability of persons to assemble. However, regulation of such events by permit is necessary in order to protect residents' rights to the safe and peaceful enjoyment of their property, to safeguard public access to public facilities, to ensure the availability of emergency services and to secure the safety of the public generally.
Written permit required.
No owner, lessee or any other person claiming any right or interest in property within the Village of Sag Harbor shall cause, permit or allow any such property to be used for a special event where attendance at such event may exceed 75 persons, over the duration of the event, unless, pursuant to an application therefor (as provided in Subsections B and C below), a written special event permit has been issued by the Village Board.
Application time frames.
Early notice. Applicants are encouraged to submit to the Village Administrator, at the earliest possible date, a letter stating the applicant's intention to file a complete application. The purpose of this letter is to allow the Village to begin the review of the special event and facilitate a quicker review of the required application. This letter should contain the following information:
Mandatory time frames. Applications for special event permits shall be on the form available from the office of the Village Administrator, shall contain all of the required information and material, and shall be filed with the office of the Village Administrator at least 30 days prior to the date the proposed special event will begin.
Information and material to be submitted with a completed application. As set forth therein, all applications shall include information and materials regarding: the owner of the property, the identity of the applicant, if the property is leased, a copy of the lease and a duly acknowledged consent to the proposed event that details the nature of the event, the detailed narrative description of the event, whether a tent will be erected for the event, the location of the property and any restrictions on the use thereof, proposed and existing structures, disposal of refuse, sanitary waste and sewage, water, parking, pedestrian and vehicular access, sound, music, lighting, security, fire protection, medical and handicap facilities, tents, signs, generators, inspection, charitable events, use of Village facilities, including alcoholic consumption thereon, and any additional information the Village deems relevant, all as may be amended or modified from time to time.
Rejection by Village Administrator. The Village Administrator shall have the authority to reject any application that the Village Administrator finds incomplete.
Liability insurance. Prior to the issuance of a special event permit, the applicant shall furnish the Village with a comprehensive liability insurance policy, issued by a company duly licensed by the State of New York, insuring the applicant against liability for damage to persons or property, in the sum of $1,000,000, which policy shall name the Village as an additional insured and shall not be cancelable without at least 30 days' prior written notice to the Village. The Village Board may establish a higher or lower amount of insurance protection for a specific permit in its sole discretion.
[Amended 2-10-2015 by L.L. No. 1-2015]
Cost reimbursement. Where the expected number of persons or the duration of the special event may impact the health, safety and welfare of the public, as a condition to granting the special event permit, the Village Board may require the applicant to reimburse or secure the reimbursement to the Village for the costs of increased police protection, public safety oversight, and public works facilitation, including any additional equipment, as may be deemed necessary by Village personnel to adequately and safely control and protect the persons attending the event, the event area and traffic in and around the event area. Such costs shall include those over and above routine staffing (e.g., overtime and the hiring of additional personnel).
[Amended 5-8-2018 by L.L. No. 8-2018]
Security instrument. The Village Board may require the applicant to provide a letter of credit, bond or other suitable security instrument to secure compliance with conditions in the special event permit and to ensure that the Village is reimbursed for its costs or to ensure adequate cleanup of the property after the event. The Board shall set the amount of the required security by resolution, and, in such event, no permit shall be issued until the security has been provided to the Village Administrator and approved by the Village Attorney. If the applicant fails to honor the permit conditions or to adequately clean up the property following the event, the Village may use such portion of the security as is required to remedy the situation.
If a tent is proposed for the event, the applicant shall provide a written statement by the owner of the premises that unless otherwise approved in writing by the Village after the permit is issued, all tents shall be removed within 48 hours following the permitted event, and no tents shall be erected more than 48 hours prior to the permitted event; and in no event will the owner of the premises use any such tent or tents or allow anyone else to use any such tent or tents at any time or for any purpose other than at the time and for the purpose of the permitted event. Any violation of such an agreement shall be deemed a violation of a provision of this chapter by the owner of the premises.
Permit available on property. The special event permit issued hereunder, including the Village Board resolution authorizing such permit, shall be kept on the property during the special event and shall be presented for inspection by any enforcement officer or other duly authorized official or employee of the Village of Sag Harbor upon request of such official or employee.
Compliance with minimum zoning setbacks. Where concerns exist regarding health, safety and welfare, the Village Board may require the special event, including any temporary structures or equipment erected in connection therewith, to comply with all applicable minimum zoning setbacks pursuant to Chapter 300 of the Sag Harbor Village Code.
Additional requirements. The Village may condition the benefit conferred by a special event permit upon such other additional requirements it deems necessary to ensure compliance with this chapter and for the general protection of the health, safety and welfare of persons and property in the Village.
Verification of payment. An applicant that is not a charitable organization shall have 90 days after the date of the event to submit verification, in the form of a cancelled check, to the Village Administrator, or such longer period as may be approved by said Administrator, that demonstrates that the proceeds payable to the charitable organization listed on the application have in fact been paid. Failure to comply with this requirement shall be deemed a violation of this chapter.
Review of application. All applications for a permit shall be reviewed by the Village Board, the Chief of Police, the Building Inspector and the Fire Marshal. The Village Board may request an advisory report from the Planning Board or from any other Village department or advisory board or consultant whose expertise and evaluation may be appropriate.
The Village Board may, in its sole discretion, conduct a public hearing or hearings with respect to any application for a special event permit. In making a determination on whether to do so, the Board shall consider the size and type of event, potential violation of the permitted uses of the property, duration and potential impacts on the environment, including the surrounding community and the Village as a whole, including but not limited to noise, traffic, aesthetics and character of the area and any other factors the Village Board deems appropriate.
If the Board so elects to conduct a public hearing, the Board shall fix a time and place for such hearing and shall provide for the giving of notice at least 10 days prior to the date of the hearing as follows:
By publishing a notice in the official newspaper.
By requiring the applicant to erect a white-and-black-lettering sign or signs measuring not less than two feet long and one-foot wide, which shall be prominently displayed on the premises facing each public street on which the property abuts, giving notice that an application for a special event permit is pending and the date, time and place where the public hearing will be held. The sign shall not be set back more than 10 feet from the street line and shall not be less than two feet nor more than six feet above the grade at the street line. The sign shall be made of durable material and shall be furnished by the Village Administrator. It shall be displayed for a period of not less than 10 days immediately preceding the public hearing date. No additional posting shall be required for any adjournment date. The applicant shall file an affidavit that he has complied with the provisions of this section.
If the land involved in an application is within 500 feet of the boundary of any other municipality, notice of the public hearing shall also be mailed to the municipal Clerk of such other municipality.
By requiring the applicant to mail written notice of the date, time and place of the hearing, together with a copy of the application and related materials submitted to the Board, by certified mail, return receipt requested, to every property owner, as shown on the current Village of Sag Harbor assessment rolls, of parcels abutting and directly opposite (by extension of lot lines through a street or right-of-way) of the property which is the subject of the application, proof of which shall be submitted to the Village Board on or before the commencement of the public hearing in the form of an affidavit with postal receipts annexed to it confirming mailing of the notices at least 10 days prior to the hearing date.
Issuance of permit. In determining whether or not to issue a special event permit the Village Board shall consider the information provided in the permit application together with all other available information, including but not limited to those factors illustrated below and information provided at the public hearing:
The size of the property in relation to the number of persons expected to attend the gathering;
The sufficiency of arrangements made by the applicant to control traffic, parking, noise, lighting and refuse, including the impact of the event on the safe and orderly movement of traffic within and contiguous to the event;
The potential impact of the event on neighboring properties;
Whether the proposed event is in compliance with zoning;
Possible conflicts with other events and seasonal demands which may overtax or cause an undue burden on Village services;
Impact of the special event on the general health, safety and welfare of the Village;
Verification that there are no outstanding violations on the property at which the special event will be held or any outstanding or unsatisfied conditions imposed by the Planning Board or Zoning Board of Appeals, or any other Village agency or department on such property or any other property owned or leased by the applicant;
The accuracy and completeness of the information contained in the application;
Verification that there are no restrictions imposed on the property that would preclude or otherwise limit such uses or activities as proposed in the special event application, including the following:
Requirements and conditions related to a subdivision, site plan or special exception approval by the Planning Board.
Requirements and conditions related to an action of the Village Board of Trustees, Zoning Board of Appeals or Harbor Committee, pursuant to the Village Code.
Requirements or restrictions contained in any covenants, easements, indentures or other such protective legal instruments.
The frequency of the special event and whether it constitutes a use of the property compatible with its character or that of the surrounding area.
If one or more events scheduled for the same date are within one mile of each other, the Village Board shall determine if there are adequate resources available to ensure public health and safety. If it determines that such resources are not available, it may deny one or more permits. In deciding which, if any, permits to deny, the Village Board shall consider the following:
Whether the event is recurring or is intended to reoccur.
Whether any previous event held at that location has been subject to a violation or has had any adverse impacts on the surrounding property in the Village.
The date the permit application was submitted to the Village Administrator.
If the event occurred in one or more prior calendar years, what its impact was on that area of the Village.
The applicant's offer to provide a benefit to one or more local charitable organizations.
If an applicant is requesting a special event permit for an event held the previous year, reasonable verification must be submitted from those charitable organizations listed on the previous application.
Site capacity. If permission to hold a special event is granted, the permit shall set forth the maximum number of persons permitted to attend the event. The Village Board, in determining the maximum limit, shall take into consideration the capacity of the site, the facilities at the site and the availability of public highway and other means of transportation to and from the site. The applicant shall limit all ticket sales or invitations to such maximum number and shall include such limitations in all advertising.
Nontransferable. A special event permit is not transferable and shall expire at the designated time for the close of the event for which it is issued.
Terms and conditions of permit. The issuance of a permit pursuant to this chapter shall be deemed an approval of the application and shall require the applicant to undertake all actions proposed in the application for the control of traffic, parking, noise, lighting, refuse and the like. The special event shall be subject to any other terms or conditions imposed in the permit, in any resolution of the Village Board approving the permit or in any permit obtained from other applicable Village departments designated by the Village Board.
Privilege. The granting of a special permit by the Village Board is a privilege and not a right and may be denied or revoked during the event itself in the event the applicant fails to comply with any applicable provision of this chapter or for any other reason not prohibited by law.
The application for a permit shall be accompanied by an application fee in amount(s) established by resolution of the Village Board from time to time and paid by applicant to the Village Administrator. Application fees shall be deposited into a designated fund and shall be used solely for those purposes. Application fees may be waived at any time by and at the discretion of the Village Board.
No permit shall be issued authorizing a special event nor shall any such event be held within the Village:
Where such event is largely for private profit;
Where the principal purpose is to advertise any product, goods, wares or merchandise, except for farmers' markets engaged in the sale of local produce, baked goods and other local food products;
Where the event consists primarily of the outdoor sale of goods or services, such as a crafts fair, open-air bazaar, flea market or similar event, unless the premises on which the special event takes place is owned by a municipality or by a duly qualified charitable organization or not-for-profit corporation organized and existing under the laws of New York State or another state;
Where the property is the subject of any outstanding violations or any outstanding unsatisfied conditions set forth in any Village or other governmental approvals, including any conditions related to the Planning Board, Zoning Board of Appeals or Harbor Committee;
Where any structure on the property does not have a valid certificate of occupancy and/or a certificate of compliance, if applicable;
Where the proposed event includes carnival rides on a lot in a residential zoning district;
Where exterior lighting at the event uses search lights, strobe lights, laser lights or revolving lights; or
An exemption from these prohibited events may be requested from the Village Board if the applicant is applying for an event for which permits have been issued and that has been recurring without interruption since 1998.
Restricted events. The issuance of permits in the following zoning districts shall be restricted as follows, unless the parcel is split-zoned, in which case the requirements as stated under § 85-7B(2) shall apply.
Residential zoning districts. Only one special event permit will be issued per calendar year for an individual property that is within a residential zoning district. For purposes of this subsection, hosting or granting of permission to host for a fee (whether termed rental or otherwise) more than one special event per calendar year at any single-family residence located within the Village of Sag Harbor shall be deemed to be a nonresidential activity or use.
All other zoning districts.
Special events shall be limited to three per calendar year, only one of which may be held at night.
Only one carnival, festival or similar special event which includes carnival rides shall be permitted per calendar year, and any such special event shall be no longer than five consecutive days.
Those properties owned by a charitable organization may have a total of up to six events per calendar year.
Exemptions. The Village Board may grant an exemption from the number of events or type of special events that can be held per calendar year on an individual lot based on one or more of the following criteria:
The event shall have all required parking contained on site.
The property has a minimum of one acre.
The event is scheduled for only one day or one night.
The event will not be held between June 15 and September 15.
There are at least 14 days between events.
There is not another event scheduled for the same date within a half-mile radius.
Use of Village facilities. Any special event proposed to be held in a Village building or on Village grounds, including parks and beaches, shall require an additional application for the use of Village Property permit.
For the purposes of this section the term "sign" shall have the meaning ascribed to it in Chapter 300, Zoning, of this Code. The type, size, number, location and other particulars of any such sign shall be disclosed and subject to approval of the Village Board. No sign or banner shall be placed or posted on a Village highway unless the applicant has obtained prior approval of such placement from the Superintendent of Highways.
If any type of sign or banner is to be displayed on or across a county or state road, the applicant shall include the size, number, location and other particulars of the sign or banner and the dates that it will be displayed and submit approvals from the appropriate county and state agencies.
All signs, banners and posters shall be erected no more than 10 days prior to and must be removed within 24 hours after the proposed special event.
Animals: if the event proposes to involve animals, the approximate number and types of animals, the number and types of vehicles used to transport and/or house the animals, the storage and provisions for disposal of all animal wastes.
If, after a special event permit is issued, the Village Board determines that any of the representations and/or statements contained in the application or any of the conditions or requirements of the permit or this chapter have not been met, the Village Board may immediately rescind or modify such permit or terminate such event.
If any conditions are not met at the special event, the Chief of Police may terminate the event or may suspend the event until such conditions are met and may authorize his personnel to take all necessary steps to effectuate his determinations.
If conditions exist that endanger the health, safety or welfare of those in attendance, the Chief of Police or Chief Fire Marshal may terminate the event or may suspend the event until such danger is corrected and authorize his personnel to take all necessary steps to effectuate his determinations.
In the event that a special event permit is rescinded prior to the scheduled event date, the applicant may reapply and submit a new or revised special event application, complete with requisite application fees.
Any person who shall cause, permit or allow property to be used for a special event without having a written special event permit in accordance with the provisions of this chapter shall be guilty of a violation of this chapter.
A violation of any of the provisions of this chapter or of Village Board conditions, approvals or restrictions issued hereunder shall be a misdemeanor and shall be punishable by imprisonment not to exceed one year and/or a fine of not more than $2,000; for a second offense within one year, or any third or more offenses at any time, by imprisonment not to exceed one year and/or a fine of not less than $2,500 nor more than $10,000.
A separate offense against this chapter shall be deemed committed on each day during or on which a violation occurred or continues. A separate penalty may be imposed for each separate offense.
Notwithstanding anything to the contrary set forth in this chapter, the Village Board may waive or modify any of the requirements set forth herein. In addition, if the Village Administrator, in conjunction with at least two members of the Village Board, determines that a special event will have a minimal impact upon the Village, a special event permit may be issued without adherence to the foregoing procedures.
The provisions of this chapter are not exclusive, and applicants must have and remain subject to all other applicable permits as may be required, including but not limited to approvals for signs, banners, tents and fireworks.