[HISTORY: Adopted by the Board of Trustees of the Village
of the Branch 6-16-2009 by L.L. No. 3-2011. Amendments noted where
applicable.]
Provided that a request meets the criteria set forth in this
chapter, the Board of Trustees hereby delegates to the Village Clerk
the authority to issue block party permits in accordance with the
following:
A.
The request must be made in writing, and include a fully completed
and executed application for block party permit and hold harmless
form which can be obtained from the Clerk. All requests must comply
with all the terms and conditions of this section, and must be submitted
to the Clerk three weeks before the proposed date.
B.
The request shall be accompanied by:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
A nonrefundable permit fee, via a certified check, in the amount
as set by resolution of the Board of Trustees; and
(2)
A certified check in the amount as set by resolution of the Board
of Trustees, as and for the deposit fee for the road barricades to
be obtained from the Town of Smithtown Highway Department.
C.
The request must be made by an individual resident of the street,
and include that resident's address, home telephone number, and
a telephone number where the individual can be reached during regular
business hours.
D.
The request shall include the date and rain date.
E.
No more than two requests may be granted for each block during any
one calendar year.
F.
The request shall state the hours of operation, but in no event shall
a permit be granted for a block party commencing before 10:00 a.m.
or terminating after 10:00 p.m.
G.
The request shall indicate which intersections are to be blocked,
and no request may be granted by the Clerk that requests the blocking
of any state or county roads or other major thoroughfares in the Village
which, in the opinion of the Clerk, would be severely disruptive of
traffic in or about the proposed site.
H.
The request shall specifically indicate whether any of the intersections
to be blocked are controlled by traffic lights.
I.
The request shall include a sketch of the area involved showing the
various intersections.
J.
The request shall be accompanied by a petition with the signatures
and addresses of all residents on the subject street. The Clerk shall
not issue a permit unless the petition contains signatures representing
100% of the homes located on any block or street to be affected by
the permit.
K.
The applicant shall furnish a certified check in the sum as set by
resolution of the Board of Trustees to guarantee the cleanup performance
on the part of the applicant or his agent. The applicant consents
to allow the Village to apply said sum towards cleanup upon failure
of the applicant to do so within 48 hours. In no event shall any portion
of said cleanup fee be refunded until a representative of the Village
shall have inspected the block and approved the release of said fee
or the balance remaining.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
L.
No block party shall charge a fee for any item, including, but not
limited to, admission, food, or beverage.
M.
The Police Department and any other law or code enforcement entity
shall have the authority to order termination of the block party for
violation of the conditions of the permit, or for violation of any
town, county, state, or Village law or ordinance.
N.
All activities must be kept to one side of the street, so as to allow
vehicles ingress and egress at all times.
O.
The applicant must furnish the Clerk with written proof that said
applicant has notified the local Fire Department and Fire District
of the proposed date and time of the block party.
P.
No fireworks shall be permitted, nor shall any open flames, including,
but not limited to, bonfires or fire pits be permitted.
Q.
No mechanical carnival type rides, including, but not limited to,
a ferris wheel or bumper cars shall be permitted.
In the event that an applicant fails to comply with the criteria
established in this chapter, the Clerk shall mark the permit as denied
and forward a copy of the denied permit to the Mayor and the Village
Attorney which shall include the reason for the denial.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Failure to comply with the provisions of this chapter may result
in the denial of future permits, and each violation of this chapter
shall be punishable by a fine not to exceed $500 or by imprisonment
not exceeding 15 days, or by both such fine and imprisonment.
