It shall be unlawful for any property owner or person in possession
or in-charge of the property, their designated agents, and any disc
jockey, band, entertainer or person performing, appearing or providing
services at the event to use or operate, or to cause or allow the
use or operation of any sound device or apparatus in, on, near or
adjacent to any street, park or place unless a sound permit for such
use or operation has been issued by the Town Clerk in the manner hereinafter
prescribed.
No sound permit shall be required in the following circumstances:
(A)
Any sound device used in a public parade, in the Thimble Theatre
and the Harry Chapin Rainbow Theater, or at any event solely sponsored
by the Town of Huntington.
(B)
Any sound device or apparatus used by religious institutions on or
within its own premises in conjunction with religious services as
long as such devices are not unreasonably loud or disturbing or of
such character, intensity or duration as to be detrimental to the
peaceful and tranquil enjoyment of surrounding properties and the
community-at-large.
(C)
Sound devices used solely for the purpose of warning, protecting
or altering the public or some segment thereof of the existence of
an emergency or danger, including but not limited to the sirens of
emergency response vehicles.
(D)
Sound devices, whether fixed or mobile, to be used to direct holiday
music outside of buildings and into the streets of the Town of Huntington
as approved by the Town Board from the Thanksgiving Holiday up to
and including December 31 each year between the hours of 9:00 a.m.
and 9:00 p.m.
(E)
Sound devices used by Federal, State and local governmental agencies
in furtherance of their governmental duties.
(F)
Sound devices used during organized sporting events by leagues, clubs,
and private or public schools.
(G)
Residential property owners or lessees who use a sound device for
personal purposes at their residences and not in connection with a
special event at the site, as long as such devices are not unreasonably
loud or disturbing or of such character, intensity or duration as
to be detrimental to the peaceful and tranquil enjoyment of surrounding
properties and the community-at-large.
(A)
The property owner, a lessee of property or their designated agent
shall file a written application with the Town Clerk together with
a non-refundable application fee of twenty-five ($25) dollars no less
than three (3) business days before the event. Upon good cause shown,
the Town Clerk or the Director of Public Safety, or their designees,
may accept an application beyond the period specified.
(B)
If the agent is the applicant, then the application shall be consented
to and acknowledged in writing by the owner or lessee of the property,
and same shall be bound by the statements in the application; the
terms, conditions and restrictions of the permit; and the provisions
of this chapter in the same manner as the agent.
(C)
Such application shall contain the name, address and contact numbers
of the property owner and the person in possession or in-charge of
the property, their designated agents, and the name, address and contact
numbers of the disc jockey, band, entertainer or person appearing
or providing services at the event, if applicable; shall describe
the event; the specific location where the sound device or apparatus
is proposed to be used; the date and hours of day during which it
will be used or operated; the nature and type of sound apparatus to
be used; and such other pertinent information as the Town Clerk may
deem necessary to carry out the provisions of this chapter.
(A)
The Town Clerk may approve an application for a permit in whole or
in part subject to such conditions and restrictions deemed necessary
by the Town Clerk upon the recommendation of the Director of Public
Safety or otherwise, and subject further to compliance with all applicable
laws, rules and/or regulations.
(B)
If an application is denied by the Town Clerk, the reason for such
denial shall be provided in writing and mailed to the applicant by
regular mail to the address shown on the application.
Each permit issued shall describe the event, the specific location
where such sound device may be used or operated, the date and exact
period of time such apparatus or device may be operated at the location,
and such terms, conditions, and restrictions as may be deemed necessary
by the Town Clerk, in order to safeguard and protect the use and enjoyment
of neighboring properties, streets, parks and other public places;
and the health, welfare and safety of the community-at-large.
(A)
No permit shall be issued under the following circumstances:
(1)
In any location within five hundred (500) feet of a school,
courthouse or church, during the hours of school, court or worship,
respectively, or within five hundred (500) feet of any hospital or
similar institutions.
(2)
In any location where the Town Clerk, upon investigation, shall
determine that the condition of vehicular or pedestrian traffic, or
both, is such that the use of such a device or apparatus will constitute
a threat to the safety of pedestrian or vehicular operators.
(3)
In any location where the Town Clerk, upon investigation by
the Director of Public Safety or otherwise, determines that because
of overcrowding, or the existence of road or street repairs or other
physical conditions the use of a sound device or apparatus will be
hazardous to human health or safety, or detrimental to the safe, comfortable,
convenient and peaceful enjoyment of any public street, park or place.
(4)
In or on any vehicle or other device while it is in transit.
(5)
For events occurring between the hours of 11:00 p.m. and 9:00
a.m.
(B)
The
Town Clerk may deny a permit under the following circumstances:
(1)
In the discretion of the Town Clerk prior violations by the same
applicant or homeowner of (1) the terms or conditions of a prior sound
permit, (2) the lawful order of the Director of Public Safety or his
designee, or (3) the provisions of this Chapter or any rule or regulation
promulgated pursuant to this Chapter, may be cause for denial of future
permits.
(2)
The Town Clerk may, in his or her judgment, deny an application for
a permit if for any reason the issuance of a permit would be detrimental
to the health, welfare and/or safety of the public or neighboring
properties, or would create a hazard.
The acceptance of a permit shall constitute an agreement by
the property owner and permit holder that they will comply in all
respects with the terms and conditions of the permit, obey the lawful
order of the Director of Public Safety, and all applicable laws and
rules. A property owner and/or permit holder who fails to post a permit
as required by this section shall be in violation of this article.
The permit shall be properly posted in a conspicuous place at
the premises for which it was issued. The permit shall be posted at
all times during the event and shall not be removed until the event
is concluded. A property owner and/or permit holder who fails to post
a permit as required by this section shall be in violation of this
article.
It shall be unlawful to allow or cause a permit to be posted
at a premises other than the premises for which the permit was issued.
The property owner and/or permit holder and the owner of the property
on whose property the permit is unlawfully posted shall be strictly
liable for a violation of this article.
It shall be unlawful to alter, obscure, deface, change or otherwise
tamper with any portion of a permit issued by the Town of Huntington.
The property owner and/or permit holder shall be strictly liable for
a violation of this section.
It shall be unlawful to assign or transfer a permit issued pursuant
to this Chapter without the expressed consent of the Town Clerk. Any
permit transferred without such approval shall be null and void.
The Town Clerk may revoke a permit, in the reasonable exercise
of his/her discretion and pursuant to the recommendation of the Director
of Public Safety or otherwise, under the following circumstances.
In the event a permit is revoked, the fees for such permit shall be
forfeited and shall not be refunded.
(A)
Where there has been a false statement, misrepresentation or incorrect
information on the application or in other information provided by
the applicant.
(B)
Where it is found that the permit was issued in error and should
not have been issued in accordance with the applicable law.
(C)
Where the Town Clerk finds that the property owner, person in possession
or in charge of the property, their agent and/or permit holder is
not in compliance with the terms and conditions of the permit, or
with the lawful order of the Director of Public Safety or his designee,
or with the provisions of this chapter or other applicable law or
rule.
