[HISTORY: Adopted by the Town Board of the Town of Islip as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Bingo — See Ch. 5.
Issuance of licenses and permits — See Ch. 31.
Memorial and Independence Days — See Ch. 34.
Parks, swimming pools, marinas, boats and waterways — See Ch. 37.
Peddlers — See Ch. 39.
Racetracks — See Ch. 42.
Solicitors and canvassers — See Ch. 46.
Trespassing — See Ch. 58.
[Adopted 7-12-1938; amended in its entirety 2-12-2013]
For the purposes of this article, the following terms shall be given the meanings set forth herein:
ASSEMBLIES
A preplanned gathering of persons for a common social purpose in a public place upon Town of Islip facilities.
PARADE
An organized public procession of people moving in an orderly, regular, or ceremonial manner upon the public right-of-way to mark or celebrate a special occasion, which may include decorated vehicles or floats, marching bands, and people on horseback and/or motorcycles, for which the roadway has been closed to regular traffic.
PERMIT
Due authorization in writing as provided herein which permits a person to operate a parade, race or assembly at a specified location.
RACE
A public timed event wherein participants compete to complete a set course and cross a finish line, including marathons, triathlons, walks, bike-a-thons, regattas and swims. For the purposes of this section, group walks, jogs and runs organized by running clubs, athletic teams and similar groups shall not be deemed a race requiring a permit, so long as no roadways need be closed to facilitate the walk, jog or run.
No parade, race or assembly shall be permitted upon the highways, streets and/or waterways of the Town of Islip or upon Town of Islip facilities unless a permit shall have been obtained from the Town Clerk of the Town of Islip upon approval of the Town Board after application therefor to said Town Clerk in writing.
All assemblies warranted by law, held in any of the streets, roads or highways in the Town of Islip, where public discussions are held, shall have an American flag, the dimensions of which shall be not less than 36 inches by 60 inches, conspicuously displayed at all times during the holding of such assemblies.
Any person, organization and/or business entity who violates any provision of this article shall be guilty of a violation of this article. Such violation is an offense punishable by a fine not to exceed $500 for each day such violation continues or by imprisonment for 15 days, or by both such fine and imprisonment.
[Amended 6-11-2024]
An application for an assembly, race or parade shall be fully completed and signed by the person, organization and/or business entity seeking a permit. The application shall be submitted no less than 60 days prior to the time of the commencement of such assembly, race or parade or at least 75 days prior to such commencement where such event involves audience capacity or attendees in excess of 1,000 persons. The application shall include the following:
Application For Permit For Parade, Race or Assembly
1.
Name of applicant. (If a partnership, association or corporation, furnish authority of the person signing the application on behalf of the applicant.)
2.
Address to which all replies or notices are authorized to be sent.
3.
Specify the highway or street in the Town of Islip to be used by or for the assembly, race or parade.
4.
Specify the time when the assembly, race or parade will convene or commence.
5.
Specify the time when the assembly, race or parade will terminate.
6.
Specify the exact purpose of the assembly, race or parade.
7.
Specify persons or organizations taking part in the assembly, race or parade.
8.
Specify the symbols, flags or emblems to be displayed or carried.
9.
Specify whether an American flag, no less than 36 inches by 60 inches, will be displayed during the course of the assembly or parade.
10.
Specify whether any speeches are to be made during the course of the parade, race or assembly and, if so, by whom.
11.
Specify whether any firearms are to be carried or displayed and, if so, the type of the same.
12.
Specify whether any fireworks or colored fire is to be carried or displayed in the course of the parade, race or assembly.
13.
Specify whether any torches or any inflammable material is to be carried or displayed in the course of the parade, race or assembly.
14.
Specify whether any arrangements have been made for private policing or disciplining of those engaged in the parade, race or assembly.
15.
Specify whether any exercises or maneuvers are to be made during the parade, race or assembly and, if so, the nature thereof.
I
We
or
The _________ solemnly, affirm that all of the answers to the above questions are true and correct, and unconditionally guarantee the quiet, lawful and peaceful conduct of the parade, race or assembly for which the permit is hereby applied.
In the Presence of
TOWN CLERK
In addition to the requirements of § 36-5, a nonrefundable application fee of $100 shall be payable to the Town Clerk upon the filing of an application for a parade or a race. No application fee shall be charged in connection with an assembly permit. No application fee shall be collected for a permit for a parade sponsored by a veterans' organization or honoring veterans. Any race or parade officially co-sponsored by the Town of Islip shall be exempt from the application fee.
[Adopted 10-7-1986[1]; amended in its entirety 2-12-2013]
[1]
Editor's Note: This ordinance also repealed former Article II, Carnivals. Circuses and Outdoor Shows, adopted 5-24-1949, as amended 6-15-1982.
For the purposes of this article, the following terms shall be given the meanings set forth herein:
AMUSEMENT COMPANY
A person or business entity who, for profit, supplies, provides and/or leases amusement rides, pavilions, tents, games, stalls and/or other structures or equipment commonly used for an amusement event, and is retained by an applicant to organize, operate and/or manage an amusement event.
AMUSEMENT EVENTS
Any form of entertainment open to the public and generally conducted in the outdoors with the presence of tents, booths, amusement rides, games of chance and/or temporary structures erected for such purpose or any combination of the foregoing, including but not limited to forms of entertainment commonly known as "carnivals," "circuses," "fairs," "bazaars" and "outdoor shows."
AMUSEMENT RIDE
A manually operated or mechanically powered machine, apparatus or device which is used solely for amusement and which is designed to propel, project or move a person through the air, along the ground or otherwise, including but not limited to merry-go-rounds, carousels, Ferris Wheels and rollercoasters.
CARNIVAL
A public event at which various shows, exhibitions or contests take place.
CIRCUS
A public exhibition or show at which nondomesticated animals take part.
FAIR
A public event at which goods and/or food are displayed for sale. The word "fair" shall be deemed to incude the words "bazaar" and "street festival."
ORGANIZATION
A group having a joint or common interest and organized for some purpose. An organization shall include a charitable, religious, membership, hospital or not-for-profit corporation.
PERMIT
Due authorization in writing as provided herein which permits a person to operate a carnival, circus, fair or amusement event at a specified location.
The purpose of this article is to preserve the public peace and good order, to prevent tumultuous assemblages and to assure the health and safety of the residents of the Town of Islip in regard to the conduct of all amusement events.
A. 
It shall be unlawful to erect, operate or maintain any amusement ride(s), carnival, circus, fair or amusement event without having secured a permit from the Town Clerk, or to continue to erect, operate or maintain such event after the expiration or revocation of such permit.
B. 
A permit may be issued for a term not to exceed 10 days, and every permit so issued shall specify the exact term and period of time for which it shall be valid.
C. 
No more than six amusement events shall be permitted at the same location each calendar year.
D. 
A permit issued as provided herein shall not be transferable. Any holder of such permit who allows it to be used by any other person or business entity and any person or business entity who uses such permit shall each be guilty of a violation of this article.
A. 
No more than 15 amusement rides shall be operated, maintained and/or erected per fair, carnival, circus or other amusement event.
B. 
Each amusement ride shall be located at least 10 feet from the entranceway of the premises where the amusement event is being held, and shall be placed so that it does not obstruct or interfere with the free and unfettered passage of patrons or users of the premises.
C. 
Each amusement ride shall have an unobstructed zone of at least four feet along the perimeter of at least three of the linear borders of the ride, wherein patrons may use, watch or wait to use the ride. In order to prevent overcrowding and to assure safe passage by the general public, the unobstructed distance required by this section shall not be encroached upon by any structure; or be superimposed, in whole or in part, upon the unobstructed distance required by any other amusement ride.
D. 
Notwithstanding the foregoing, at the discretion of the Town Clerk, a permit may be refused or the number of permitted rides reduced if an applicant, based upon a review of the site plan and upon the recommendation of the inspecting Town official, lacks sufficient open space when amusement rides are in motion to effectuate the purpose of this article.
A. 
No permit shall be issued for the operation of any carnival, circus, fair or amusement event under this article unless the Town Board shall first have adopted a resolution approving such use.
B. 
No permit shall be issued for the operation or maintenance of any carnival, circus, fair or amusement event upon land lying in a residence zoning district unless the principal use thereon is nonresidential and a permitted conforming use in the zoning district, or the Town Board shall first have adopted a resolution approving such use.
C. 
No permit shall be issued if, in the judgment of the Town Board, the event will disturb the public peace and good order of the Town or unreasonably affect the use and enjoyment of adjoining properties or jeopardize the health, safety or welfare of neighboring residents and/or the community.
D. 
In the event the Town Board grants approval for the operation of any carnival, circus, fair or amusement event, such approval may be granted subject to such conditions as the Town Board may deem necessary. Any permit issued after approval of the Town Board has been obtained shall bear on its face such conditions as the Town Board may have imposed.
A. 
No sound equipment or public-address system shall be operated or used after 10:00 p.m. of the days for which the permit is issued and on Sunday after 9:00 p.m.
B. 
No amusement ride and/or related equipment shall be operated on Sunday through Thursday after 10:00 p.m., or after 11:00 p.m. on Friday and Saturday.
C. 
Amusement events shall cease to operate and be closed to the public no later than 10:00 p.m. on Sunday through Thursday, and no later than 11:00 p.m. on Friday and Saturday.
D. 
In the event Sunday falls on the eve of a national holiday, the prohibitions in Subsections A, B and C shall apply as of 11:00 p.m. Sunday.
[Amended 6-11-2024]
An application for a carnival, circus, fair or amusement event shall be fully completed and signed by the person, organization and/or business entity seeking a permit. The application shall be submitted no less than 60 days prior to the time of the commencement of such carnival, circus, fair or amusement event or at least 75 days prior to such commencement where such event involves audience capacity or attendees in excess of 1,000 persons. The application shall include and/or be accompanied by the following:
A. 
Written proof that all necessary permits and/or approvals required by the Suffolk County Department of Health Services, New York State Department of Labor and any other governmental or regulatory agency having jurisdiction have been obtained.
B. 
The applicant shall specify whether the number of attendees is expected to reach 1,000 or more. In the event the number of attendees is expected to reach 5,000 or more, same shall also be indicated on the application.
C. 
The date(s), time(s) and place of the amusement event.
D. 
A complete description of all activities, games of skill, rides and special events.
E. 
A notarized letter signed by the property owner of the premises upon which the proposed event is to be held stating the nature, extent and duration of the amusement event and granting permission for the operation of the amusement event on the property.
F. 
A certificate of insurance and surety bond pursuant to § 36-14 of this article.
G. 
The name, address and phone number of the applicant and of the amusement company, if one is being utilized to organize, operate and/or manage an amusement event. In the event an amusement company is being utilized, then a full and true copy of the contract and/or agreement entered into between the applicant and the amusement company must be provided to the Town Clerk. No portion of the financial aspects of the agreement filed with the Islip Town Clerk shall be released to third parties in accordance with the provisions of Public Officers Law § 87(2)(d).
H. 
An original and four copies of an accurate site plan drawn to scale showing the location, dimensions and specifications of all stationary and/or temporary structures or enclosures, amusement rides, games of probability, tents and pavilions. The site plan shall include the dimensions of all amusement rides when in motion, the area to be occupied by the proposed amusement rides and the net amount of open space available when all amusement rides are in operation. All site plans shall set forth the dimensions of the parcel to be utilized for the event and the number of acres it comprises.
I. 
Any other documents required to be provided pursuant to any section of this article.
J. 
Such additional information as the Town Clerk may require.
A. 
Upon filing the application, the applicant must furnish a surety bond issued by a bonding company or surety company approved by the Town Clerk, or cash or certified check, in the sum of $2,000 to the Town Clerk to ensure that the applicant will clean the area and put the property in order at the conclusion of the carnival, circus, fair or amusement event. If the applicant fails to clean and restore the amusement area, or if damage is done to public or private property as a result of said amusement event, the Town Clerk may apply the bond, cash or check to the cost of cleanup or restoration and may recover from the organization such additional costs as may be incurred.
B. 
All amusements must procure public liability insurance issued by an insurance company licensed to do business within the State of New York of not less than $1,000,000 for bodily injury per person, $2,000,000 for bodily injury per accident, and $1,000,000 for damage to property per accident.
C. 
All insurance shall include the Town of Islip as a named insured and be noncancelable without 10 days' prior written notice to the Town Clerk.
D. 
The applicant must submit proof of insurance to the Town Clerk no less than 10 business days prior to the time of the commencement of such carnival, circus, fair or amusement event. Failure to submit proof of insurance shall be cause for immediate suspension of the permit by the Town Clerk.
E. 
The Town Board may require an applicant to supply additional insurance coverage, if available, where the minimum amounts stated herein are insufficient in the opinion of the Town Board, after considering the size, duration and hazard presented by the proposed amusement event.
In addition to the requirements of § 36-13, a nonrefundable application fee of $500 shall be payable to the Town Clerk upon the filing of an application for a carnival or circus. A nonrefundable application fee of $400 shall be payable to the Town Clerk upon the filing of an application for a fair. Any carnival, circus or fair officially co-sponsored by the Town of Islip shall be exempt from the applicable application fee.
A. 
Every professional fund-raiser, commercial coventurer, professional solicitor and charitable organization, as each is defined by Article 7-A of the Executive Law of New York State, organizing, controlling or otherwise involved in conducting an amusement event shall include with an application for such event, proof of valid registration with the Secretary of State as such fund-raiser, coventurer, solicitor or organization.
B. 
With each application, a professional fund-raiser or commercial coventurer shall also submit proof that a surety bond, naming him as obligor, is on file with the Secretary of State.
A. 
No permit for an amusement event shall be issued, and any outstanding permit may be revoked if the Town Board determines that such amusement event includes any activity which, in the judgment of the Town Board, will disturb the order and peace of the Town or will jeopardize the health, safety or welfare of the residents of the Town of Islip.
B. 
Any violation of this article or of any other ordinance, law or statute in connection with the operation or maintenance of carnivals, circuses, fairs or amusement events, or any violation of the conditions of the permit or a false statement made in the application, shall be cause for immediate denial or suspension of the permit by the Town Clerk.
A. 
Prior to opening an amusement event to the public, the permit holder shall file proof with the Town Clerk that his mechanical rides have been inspected and found satisfactory by the New York State Department of Labor in compliance with § 870-a of the Labor Law.
B. 
All tents, rides, buildings, structures, pavilions and electrical wiring equipment shall be in place and operational for purposes of inspection by Town officials no later than 12:00 noon of the last business day immediately prior to the scheduled opening of said carnival, circus, fair or amusement event. In the event changes to the site plan have been made between the time of application and the date of inspection by Town officials, for which the Town Clerk has not been notified or provided with an amended site plan incorporating the changes, a penalty of $250 shall be immediately due and payable by the amusement company or, if an amusement company has not been retained, the applicant. No inspection shall be complete and a permit shall not be issued until such penalty is paid and an amended site plan is filed with the Town Clerk.
C. 
No person is permitted to effectuate a change in the location, number and size of any tent, amusement ride, building, structure, pavilion or electrical wiring equipment after an inspection by Town officials has taken place without the prior written consent of the Town Clerk. All such requests for changes shall be submitted in an amended application with a new site plan incorporating the proposed changes.
A permit pursuant to this article must be conspicuously displayed during the operation of said amusements and be available for inspection by any person demanding such inspection.
Amusement rides, equipment and structures used for the carnival, circus, fair or amusement event shall not be assembled, dismantled and/or removed after 10:00 p.m. on Sunday through Thursday, and no later than 11:00 p.m. on Friday and Saturday. All amusement rides, equipment, tents, pavilions and other structures erected or used for the amusement event shall be dismantled and removed from the premises where the event took place within three days of the expiration of the permit.
Any person who shall erect, operate or maintain any amusement event without first having obtained a permit or who shall own the land on which such amusement event is located shall be guilty of a violation of this article. Such violation is an offense punishable by a fine not to exceed $2,000 for each day such violation continues or by imprisonment for 15 days, or by both such fine and imprisonment.
This article shall take effect October 26, 1986.