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.
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.
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.