[HISTORY: Adopted by the Town Board of the Town of Riverhead 10-3-2023 by L.L. No. 20-2023.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 255,
Parades, Assemblies and Special Events, which consisted of Art. I,
Parades and Assemblies, adopted 7-20-1965 by Ord. No. 33 (Ch. 83 of the 1976 Code), as amended; and Art. II, Special Events, adopted 11-5-2003 by L.L. No.
23-2003 (Ch. 90 of the 1976 Code), as amended.
The Town Board of the Town of Riverhead, by this article, seeks
to remove the danger to health and life caused by the possibility
of congestion by parades or assemblies or block parties on the sidewalks,
streets, avenues, highways, parkways and other public places in the
Town of Riverhead. The Town Board hereby declares that this article
shall in no way interfere with the right of public assembly, but is
strictly for the purpose of regulating traffic, both vehicular and
pedestrian.
For the purpose of this article, the following terms shall have
the meanings indicated:
An outdoor festival held on an outdoor Town street.
An organized procession or march.
No parade or assembly or block party shall be permitted upon
the sidewalks, streets, avenues, highways, parkways or other public
places in the Town of Riverhead unless a Town of Riverhead police
parade, assembly, and block party permit shall have been first obtained
from the Chief of Police of the Town of Riverhead or his designee
after application therefor in writing to said Chief of Police or his
designee.
A.Â
Application for such permit shall be on the form provided by the
Police Department, addressed to the Chief of Police and filed with
the office of the Chief of Police and filed at least 45 days'
prior to the scheduled event. The application for the permit shall
state the following information:
(1)Â
The name and address of the person or organization sponsoring the
event and the name and address of the person to whom the permit or
other correspondence shall be mailed.
(2)Â
The proposed point at which the parade is to assemble, the proposed
line of march and the proposed point at which it is to terminate.
If there is to be a point at which persons shall assemble for any
purpose other than the point of beginning and ending of the march,
such point of assembly shall also be designated.
(3)Â
The proposed date and time of the parade or assembly and the number
of persons and vehicles expected to participate.
B.Â
The Chief of Police, upon receipt of an application containing the
information required by this section, duly signed by the sponsor,
shall issue a permit and mail the same to the address designated for
that purpose in the application unless he finds that the date, time,
route or point of assembly of the proposed parade or assembly conflicts
with the date, time, route or point of assembly of a parade or assembly
for which an application has previously been filed, or unless the
proposed parade or assembly unreasonably interferes with the free
flow of commerce or traffic for a substantial period of time.
C.Â
If the permit is denied by the Chief, he shall state in writing the
ground for his denial and give the same forthwith to the applicant
and, if possible, suggest alternate dates, times, routes or places.
All assemblies and parades warranted by law, held in any of
the streets, roads, avenues, highways, parkways or any other public
places in the Town of Riverhead where public discussions are held,
may have an American flag conspicuously displayed at all times during
the holding of such assemblies.
Any amendment to the application for a parade or assembly permit
shall be subject to an amendment fee of $150. Amendments requiring
the Town Board to adopt a resolution may include changes to the location,
route, parking plan, number of people expected, etc. Amendments to
fire safety plans or parking plans at the request of the Town shall
not be considered amendments to the application.
A violation of any of the provisions of this article shall,
upon conviction thereof, be punishable by a fine of not less than
$250 nor more than $1,000.
The purpose and intent of this article relating to special events
is to support the Town-wide goal of maximizing the economic impact
of the Town of Riverhead by providing for special events with the
intention of supporting economic development and cultural tourism
through opportunities to generate foot traffic and attract tourists
and patrons. Special events can further the concept of "creative placemaking
and demonstrate support of collateral initiatives that will make the
Town more vibrant" and the perception of Riverhead as a destination
rather than a Town to pass by or through.
Unless otherwise expressly stated, the following terms shall,
for the purposes of this article, have the meanings set forth below:
The Chief of the Riverhead Volunteer Ambulance Corps.
An organization as defined in New York State Executive Law
§ 171-a, including but not limited to not-for-profit corporations.
Such charitable organizations shall be recognized as exempt from federal
taxation under Internal Revenue Code § 501(c) and shall
be duly registered with the Charities Bureau of the Attorney General
of the State of New York, if required.
The Chief of Police of the Town of Riverhead.
The Fire Chief of the fire district in which the planned
event shall be located.
The Fire Marshal of the Town of Riverhead.
Each food or beverage vendor that the organizer plans to
have at their event.
Any individual, firm, partnership, association, corporation,
company or organization of any kind, including a charitable, religious,
membership, hospital or not-for-profit corporation.
Any form of entertainment, eight weeks' duration or
less, open to the public with or without an admission fee and held
on a one-time or occasional basis, which may include, but not be limited
to, for example, carnivals, circuses, fairs, bazaars and outdoor shows,
horse shows or exhibitions, concerts. A special event will not include
any activity conducted at a permanent facility which has a valid use
permit covering such activity. A special event shall not include any
activity having fewer than 100 attendees/spectators at the event.
A special event shall not include the use of public space by governmental
agencies acting within the scope of their authority or authorized
uses in the public space permitted by other chapters of this Code.
A special event pursuant to this article includes, but is not
limited to, a temporary and exclusive use by any person of any of
the following events or combination thereof with an expected attendance
of 100 persons or more at any one time:
Use of amusement devices;
Carnivals or circuses, including any exhibition involving amusement
attractions or rides, spectacles, animals, side shows, games and the
like;
Use of inflatable devices in excess of four feet in diameter,
including any hot-air balloons or any other inflatable objects;
Racing or athletic competitions and uses, including motor vehicle
racing or running marathons, cross-country, bicycle, moped, skateboards,
rollerblades, or any other contest or exhibition that is competitively
timed or speed related;
Sales of alcohol beverages, including any activity requiring
a special designated permit or other permit under the New York State
Liquor Authority;
Sales of goods and merchandise, including food, clothing, supplies,
equipment, concessions, souvenirs, balloons, candy, jewelry or any
other similar items offered for sale;
A permit for a special event issued under this chapter.
The Town of Riverhead.
The Town Clerk of the Town of Riverhead.
A.Â
Written permit required; special event permit application.
(1)Â
Special event small gathering. Where 100 to 1,000 attendees are expected
at the event at any one time, no person shall use, allow, let or permit
property to be used for a special event unless a special event permit
has been issued by the Town Board of the Town of Riverhead.
(2)Â
Special event large gathering. Where 1,001 to 4,000 attendees are
expected at the event per calendar day at any one time, no person
shall use, allow, let or permit a special event unless a special event
permit has been issued by the Town Board of the Town of Riverhead.
(3)Â
Special event mass gathering. Where 4,001 or more attendees are expected
at the event at any one time, no person shall use, allow, let or permit
property to be used for a special event unless a special event permit
has been issued by the Town Board of the Town of Riverhead.
B.Â
Required filing date. Application for such permit shall be on the
form provided by the Town Clerk, shall contain all of the required
information and material, addressed to the Town Board and filed with
the office of the Town Clerk in accordance with the below filing dates
based on the type of special event:
(1)Â
An application for a special event small gathering shall be filed
at least 60 calendar days' prior to the commencement date of
the special event small gathering.
(2)Â
An application for a special event large gathering shall be filed
at least 90 calendar days' prior to the commencement date of
the special event large gathering.
(3)Â
An application for a special event mass gathering shall be filed
at least 180 calendar days' prior to the commencement date of
the special event mass gathering.
C.Â
Information and material to be submitted with a completed special
event application. Such application shall include the following written
material:
(1)Â
The name and address of the applicant; if the applicant is a corporation,
the name of the corporation and the names and addresses of the president
of the corporation; the proposed special event address; the name and
address of the record owner of the subject property or properties
and the nature and interest of the applicant in the property; proposed
use of Town or other publicly owned properties if applicable.
(2)Â
Proposed dates and hours of the special event, including setup and
shutdown times; expected maximum number of persons intended to use
the property at one time and collectively, including organizers, employees,
vendors, exhibitors and spectators; the expected number of automobiles
and other vehicles intended to use the property at one time and collectively.
(3)Â
A public safety plan and drawing, drawn to scale, showing the size
of the property; the zoning district in which it is located; the streets
or highways abutting said property; the size and location of any existing
building, buildings or structures or of any proposed building, buildings
or structures; the type and location of all signs to be erected for
the temporary event; the location of the stage or tents, if any, proposed
to be erected; the designated areas of use for spectators, exhibitors,
vendors, employees, and organizers; the location of all exits; the
location of all fire extinguishers and other fire safety equipment;
a plan demonstrating that the event shall be handicapped accessible
to the extent practical, including handicapped accessibility for restroom
facilities and adequate handicapped parking; and the location of all
temporary utilities to be installed for the event. The Town Board
may require the applicant to contract for its own medical and/or ambulance
services.
(4)Â
A certification by the applicant that all other applicable government
approval as may be required, including but not limited to approvals/permits
from the Suffolk County Department of Health Services, the New York
State Department of Health and the New York State Liquor Authority,
shall be obtained prior to commencement of the event.
(5)Â
A plan and drawing showing the layout of any parking area for automobiles
and other vehicles and the means of ingress and egress to such parking
area.
(6)Â
Provisions to dispose of any garbage, trash, rubbish or other refuse,
subject to approval by the Town of Riverhead and Suffolk County Department
of Health Services.
(7)Â
The name, address and telephone number of the person(s) who will
be engaged in the sale of beer or alcohol; New York State Liquor Authority
approval to be delivered to the Town Clerk's office prior to
the commencement of service.
(8)Â
The use of loudspeakers, horns, or other sound amplification device must comply with Chapter 251 of this Town Code of the Town of Riverhead.
(9)Â
A plan for the use of lighting, if any, and the type and location
of such equipment.
(10)Â
The name and address of the security company, if any, which
will work on the premises, and a description of the duties to be performed,
subject to the approval of the Chief of Police.
(11)Â
If any type of banner is to be displayed adjacent to a Town,
county or state road, the applicant shall include the size of the
banner, location of the banner and the dates that it will be displayed.
(12)Â
A plan describing the rehabilitation of the event site to its
original condition, including but not limited to rubbish and trash
removal, removal of all temporary structures and restoration of all
landscaping and other public property to a condition comparable to
that prior to the event.
(13)Â
Proof or certification of Internal Revenue Code § 501(c)(3)
status for not-for-profit applicants.
(14)Â
Rejection by the Town Clerk. The Town Clerk shall have the authority
to reject any application that the Town Clerk finds incomplete. If
a certificate of insurance is not received 15 days' prior to
the commencement of the event, then the application shall be deemed
incomplete and will result in the denial of the application.
A.Â
Prior to the issuance of a permit, the applicant and/or lessee shall
furnish the Town with written authorization to permit the Town or
its lawful agents to enter the subject property for the purpose of
conducting an initial site inspection and a pre-event inspection for
the protection of health, safety and welfare of citizens of the Town
of Riverhead.
B.Â
The applicant shall file with the Town Board, before obtaining such
license, a certificate of public liability insurance covering the
applicant and the Town of Riverhead for personal injuries, comprehensive
general liability in an amount satisfactory to the Town Attorney,
which policy shall name the Town as an additional insured and shall
be non-cancellable without 15 days' prior written notice to the
Town. Said insurance policy shall be approved as to form, sufficiency
and limits of coverage by the Town Attorney.
(1)Â
The certificate of public liability insurance must be filed with
the Town Clerk no less than 15 days' prior to the date of the
event. Failure to submit a certificate of liability insurance within
the time prescribed shall result in the cancellation of the event.
C.Â
Cost reimbursement. Where the expected number of persons or the duration
of the special event may impact the health, safety and welfare, as
a condition of the granting of the special event or parade permit,
the Town Board may require the permittee to reimburse the Town for
costs of increased police protection and ambulance and/or other Town
services as may be deemed necessary by the Town Board to adequately
and safely control and protect the persons attending the event, the
event area and traffic in and around the area of the event. In no
event, however, will the Town be obligated to provide police protection
and ambulance or other Town services. Costs for such police protection
and ambulance and/or other services provided by Town employees in
processing the permit application shall include those over and above
routine staffing, including costs for overtime and for the hiring
of special police officers and/or emergency medical services personnel.
The estimated costs for services shall be provided to the applicant
and the Town Board by written report from the Chief of Police, Ambulance
Chief, Fire Marshal or other Town department head prior to the issuance
of the permit. Based on the number of people, date of the event, the
time of the event and the location of the event, the applicant may
be required to reimburse the Town for the cost of police to ensure
public health and safety through the smooth flow of traffic in and
around the area of the event. The applicant may be required to pay
these fees prior to the event, but all fees shall be due and payable
within 10 days of the rendering of an invoice for said expenses by
the Town of Riverhead. This section shall not apply to any special
event that is held on public property and is open to the public and
is free of charge.
D.Â
The Town Board may require the applicant to provide a letter of credit,
bond or other suitable security instrument to secure compliance with
conditions in the permit for an event to be conducted on Town property
and to insure adequate cleanup of the property after the event. The
Town Board shall set the amount by resolution, and no permit shall
be issued until the security has been provided to the Town Clerk.
If the applicant fails to honor the permit conditions or does not
clear the property of debris within seven days of mailing of written
notice by return-receipt-requested mail, the Town may use such portion
of the security as is required to remedy the situation.
E.Â
The special permit or authorizing resolution of the Town Board shall
be available on premises during the event such that same may be reviewed
by a police officer or other enforcement officer of the Town of Riverhead
as needed.
F.Â
Notification of adjoining property owners in residential zoning districts.
Upon filing an application for a special event, if the property which
is the subject of the application is within a residential zoning district,
the Chief Fire Marshal may require the applicant to mail, by certified
mail, return receipt requested, written notice that a special event
application has been filed with the Town, to every property owner,
as shown on the current Town of Riverhead assessment rolls, of parcels
abutting and directly opposite (by extension of lot lines through
a street or right-of-way) the property which is the subject of the
application. Said notice shall include the date, time and location
of the proposed special event, and proof of mailing shall may be submitted
to the Chief Fire Marshal in a form acceptable to the Chief Fire Marshal,
with postal receipts annexed, in order to constitute a complete application.
A.Â
All applications for a permit shall be reviewed by the Town Board,
Town Attorney, Chief of Police, Town Planning Department and Fire
Marshal. The Town Attorney, Planning Department, Chief of Police and
Fire Marshal shall submit a written report to the Town Board explaining
any issues and/or concerns that must be addressed concerning the application.
The Fire Marshal shall obtain such further reports from local public
safety organizations, including ambulance and fire districts, as appropriate.
The Chief of Police shall also provide a written estimate of additional
police services that shall be necessary to adequately protect the
public during the event. The Town Board may also request an advisory
report from the Planning Board and from any other advisory board whose
expertise and evaluation may be appropriate.
B.Â
Upon review, the Planning Department may require the applicant to
submit an environmental assessment form to aid the Planning Department
in assessing and making recommendations as to environmental impacts
of the proposed event.
C.Â
In determining whether an application shall be approved, the Town
Board may consider the information provided in the application, recommendations
by relevant Town Departments, any environmental analysis required
by the Planning Department and such other information as may be available,
including but not limited to:
(1)Â
Impact of the event on the safe and orderly movement of traffic within
and contiguous to the event.
(2)Â
Need for the Town to police such event, and whether the numbers of
police officers assigned to properly police such event will prevent
the Town from providing adequate police protection to the remainder
of the Town.
(3)Â
Impact of the event on fire and police protection and ambulance service
to the areas contiguous to the event and to the Town in general.
(4)Â
Impact of the event on the movement of firefighting equipment or
ambulance service to areas contiguous to the event.
(5)Â
Impact of the event on the general health, safety and welfare of
the Town as identified through the state environmental quality review
pursuant to the 6 NYCRR Part 617.
(6)Â
Outstanding court violations related to the property at which the
event will be held or any outstanding or unsatisfied conditions of
a Town agency approval, including but not limited to those of the
Planning Board or the Zoning Board of Appeals.
(7)Â
Verification that the information contained in the application is
found to be false or nonexistent in any material detail.
(8)Â
Verification that the grant of the permit would not violate any existing
covenants on the property.
(9)Â
If one or more events are scheduled for the same date and time of
each other, the Town Board will determine if there are adequate resources
for all these events. If there are not sufficient resources to ensure
public health and safety, the Town Board shall deny one or more permits
if the impacts of the events cannot be mitigated. When deciding which
event to deny, the Town Board shall consider the following:
(a)Â
Whether the event is recurring.
(b)Â
Whether this recurring event has been subject to a violation
within the last three years.
(c)Â
The date the permit application was submitted to the Town Clerk.
(d)Â
If events occurred the prior calendar year, the Town Board shall
consider what their impact was on that area of the Town.
(10)Â
Possible conflicts with other events and seasonal demands which
may overtax or cause undue burden on Town services for parades and
special events.
D.Â
If permission to hold a special event is granted, the permit may
set forth the maximum number of persons permitted to attend the event.
The Town Board, in determining the maximum limit, shall take into
consideration the capacity of the site, the facilities to be available
and the availability of public highway and other means of transportation
to and from the site.
E.Â
A special event permit is not transferable and shall expire at the
close of the event for which it is issued.
F.Â
Privilege. The granting of a special event permit is a privilege
and not a right and may be denied in the event the applicant fails
to comply with any application provision of the chapter or for any
other reason not prohibited by law.
A.Â
The application for a permit shall be accompanied by a nonrefundable
application fee and/or late application fee in the amount established
by resolution of the Town Board of the Town of Riverhead.
B.Â
The application for a permit shall be accompanied by the appropriate
application fee unless waived at the discretion of the Town Board
at the time of filing the application. Application fees shall be collected
by the Town Clerk.
C.Â
Late applications shall incur a fee. Applications beyond the submission deadline will be accepted as set forth in § 255-10B. Any special event applications submitted after the required filing date will incur a fee as per the special event fee schedule established by resolution of the Town Board. Any small special event application is permitted to be submitted a maximum of five calendar days past the submission deadline. Any large special event application or mass special event application are permitted to be submitted a maximum of 15 calendar days past the submission deadline. All untimely applications submitted shall be subject to a late fee.
D.Â
Any amendment to the application for a special event may be subject
to an administrative fee of $150. Amendments requiring a resolution
may include changes to the location, route, parking plan, number of
people expected, etc. Amendments to fire safety plans or parking plans
and the like at the request of the Town are not considered amendments
to the application.
If, after a permit is issued, the Town Board determines that
any of the representations and/or statements contained in the application
are materially inaccurate or any of the conditions of the permit have
not been complied with, the Town Board may serve the permittee's
agent a notice of rescission of special permit specifying the manner
in which the permitted has not complied with the terms of its permit
and/or identifying the incorrect information supplied in the application.
The Town Board may for good cause modify or rescind such permit, absolutely
or upon conditions.
The provisions of this article are not exclusive, and an applicant
remains subject to all other applicable government permits and approvals
as may be required, including but not limited to approvals/permits
from the Suffolk County Department of Health Services, the New York
State Department of Health and approvals/permits for tents, fireworks
and any further permit(s) as may be required for animal shows, carnivals,
circuses and similar events.
If providing alcohol at an event, a liquor liability insurance policy naming the Town as an additional insured, primary, noncontributory by separate endorsement, in the amount of $2,000,000, general aggregate and $2,000,000 each occurrence will be required. The applicant remains subject to the provisions of Chapter 205 of the Code of the Town of Riverhead, except upon waiver granted by the Town Board. Applicants providing alcohol must receive necessary permits from the New York State Liquor Authority and provide copies of same to the Town Clerk prior to the event, together with the name and contact information for the entity supplying alcohol service.
It shall be unlawful for the owner, proprietor, manager or person
in charge of any place licensed under the provisions of this article,
or for any employee of said place, to harbor, admit, receive or permit
to be or remain in and about any such place any lewd or dissolute
person, any drunken or unruly person, or any person whose conduct
tends in any way to corrupt the public morals or create a public safety
hazard.
A.Â
It shall be unlawful for any person to conduct himself in an unruly
manner or to use any profane, obscene or indecent language in or about
any place licensed under the provisions of this article.
B.Â
Attendance at a special event in excess of the attendance allowed
pursuant to the permit shall be prohibited. Applicants allowing excess
attendance which requires unanticipated police, Fire Marshal, fire
protection, ambulance and/or EMS services shall be responsible to
reimburse the public safety agency for services and fees incurred.
A.Â
It shall be unlawful to give or permit the giving of any entertainment
or exhibition of a lewd, suggestive, vulgar or immoral type or to
use therein any indecent or obscene language or to behave in any manner
tending to corrupt the public morals.
B.Â
It shall be unlawful to sell or permit the selling of any merchandise
of a lewd, suggestive, vulgar or immoral type that in any manner tends
to corrupt the public morals.
A.Â
No exhibition, performance for hire, carnival, carrousel, bazaar,
open-air show or place of amusement shall be open to any child under
the age of 17 years between the hours of 10:00 p.m. and 9:00 a.m.
of the succeeding day unless accompanied by his parents or a person
over 21 years of age.
B.Â
No exhibition, performance for hire, carnival, circus, carrousel,
bazaar, open-air show or place of amusement shall be open any day
between the hours of 12:01 a.m. and 9:00 a.m., unless this provision
is expressly waived by the Town Board in the special event permit.
A violation of any of the provisions of this article, or violation
of any of the terms and conditions of a permit issued under this article,
shall, upon conviction thereof, be punishable by a fine of not less
than $250 nor more than $1,000 for each offense. Failure to obtain
a special event permit, as defined herein, shall be an offense, and
the fine shall be the applicable special event application fee, plus
an amount not less than $250 nor more than $1,000. Each day that such
event occurs, is conducted, or otherwise takes place without a special
event permit having been issued shall be considered a separate offense.
