[HISTORY: Adopted by the Town Board of the Town of Smithtown as Ch. 40 of the 1964 Code. Amendments noted where applicable.]
[Amended 2-29-2000; 5-8-2007; 2-5-2013; 5-22-2025 by Res. No. 2025-566]
A. 
No tent covering an area of more than 120 square feet shall be erected, maintained, operated or used except with a permit from the Chief Building Inspector of the Town of Smithtown. For community facility uses, as noted in the Table of Use Regulations,[1] such permit shall be issued for a stated period up to four months within any twelve-month period and shall be revocable for cause. For business uses, as noted in the Table of Use Regulations,[2] such permit shall be issued for a stated period of up to two weeks, including multiple such periods up to four months within any twelve-month period and shall be revocable for cause. An inspection fee of $25 shall be paid for each additional inspection for such multiple periods. Application shall be made on a proper form and shall include plans drawn to scale, showing details including, but not limited to, structure, materials, supports and platforms. In addition to such structural details, said plans shall include details as to the location of the tent on the proposed site, as well as exits, aisles, seating arrangements and means of egress within the tent. Such nonstructural details shall be reviewed by the Fire Prevention Division of the Department of Public Safety and shall be approved thereby upon their compliance with the applicable sections of the Fire Code of the State of New York. The Building Department shall not issue a permit except upon the application's compliance with the provisions of this chapter and the applicable sections of the New York State Uniform Fire Prevention and Building Code.
[1]
Editor's Note: See the Tables of Use Regulations included at the end of Ch. 322, Zoning.
[2]
Editor's Note: See the Tables of Use Regulations included at the end of Ch. 322, Zoning.
B. 
No permit shall be required under this chapter, provided that said tent is an accessory use to a special event, parade or outdoor assemblage for which a permit is required and has already been issued pursuant to Chapter 119, Special Events, of the Code of the Town of Smithtown. Notwithstanding the foregoing, said tents shall fully comply with the provisions of this chapter, as well as the applicable provisions of Chapter 119.
One or more qualified persons to serve as fire watchers shall be employed by all circuses, carnivals or other exhibitions where large crowds assemble. They shall familiarize themselves with all fire-protection facilities and fire prevention features and with the condition of exits and shall patrol the entire tent area during the time of occupancy. They shall see that the aisles and exitways are kept open and that no smoking rules are enforced.
[Amended 2-5-2013]
The design, construction, flameproofing, location, maintenance and use of tents for assembly shall be in compliance with the New York State Uniform Fire Prevention and Building Code.
Any person, firm, association or corporation violating any of the provisions of any ordinance of the Town of Smithtown shall be guilty of an offense punishable by fine or imprisonment, or both; however, for the purpose of confirming jurisdiction upon courts and judicial officers, such violations shall be deemed to be misdemeanors, and for such purposes only all provisions of law relating to misdemeanors shall apply to such violations. Notwithstanding the foregoing, any person, firm, association or corporation violating any provisions of any ordinance of the Town of Smithtown shall be subject to a penalty in a sum not exceeding $50 for the first such violation and in a sum not exceeding $100 for any subsequent violation, said penalties to be recoverable in a civil action in the name of the Town of Smithtown as damages.