[HISTORY: Adopted by the Board of Trustees of the Village
of Brightwaters 4-6-2015 by L.L. No. 2-2015. Amendments noted where
applicable.]
GENERAL REFERENCES
Carnivals, street fairs and circuses — See Ch. 43.
This chapter shall be known as the "Outdoor and Public Assembly
Local Law of the Village of Brightwaters."
By adoption of this chapter, the Village Board seeks to regulate
those listed organized events which attract a large number of people,
and might adversely affect the well-being of Village residents. Organized
activities which are open to the public, either on private or public
property, often involve large assemblages of people, generally require
some control over traffic and parking and can cause a strain on governmental
services. In the case of events held on public property, the large
number of people which may be drawn to certain events has further
potential to interfere with the general public's normal use of
roads and municipal facilities. This chapter is intended to minimize
the impact of these activities by appropriate regulation.
A.
No person, organization, firm or company shall conduct any organized
race, swimming event, children's ride, adult ride, music performance
or fireworks display, whether on public or private property or Village
waters, without an outdoor assembly permit. Additionally, any event
involving the services of the Village of Brightwaters requires an
outdoor assembly permit from the Village Board of Trustees. Additionally,
at a Village-owned beach or park, the following activities shall only
be permitted under the terms and conditions of an outdoor assembly
permit duly issued by the Village Board:
B.
Application.
(1)
Written application must be made to the Village Board and filed with
the Village Clerk, together with the appropriate fee (to be determined
by the Board of Trustees) and a deposit (to be determined by the Board
of Trustees) to assure compliance with the terms upon which each permit
shall be deemed to have been issued.
(2)
Where the Village Board determines that there is no specific Village
benefit from the event, a deposit shall be made in an amount to be
determined prior to issuance of the permit based upon the estimated
direct costs attributable to additional code enforcement and highway
costs associated with the event. After the event, the deposit shall
be used to cover such costs, and any excess deposit will be refunded.
(3)
The applications must be filled at least 45 days in advance of the
earliest date for which the permit is applied for. Applications seeking
to be processed in less time than specified above shall pay a rush
fee in the amount of $100 in additional to the prescribed application
fee.
(4)
The application must be signed by an adult who shall be responsible
for the statements therein and for the conditions for which each permit
is deemed issued. A permit issued shall be revoked forthwith for any
violation of the terms or conditions herein set forth, which terms
shall be as set forth in this chapter.
(5)
The application shall clearly describe the premises to be used.
(6)
The applicant shall provide a certificate of insurance evidencing
coverage in the amount of $1,000,000 per occurrence/$2,000,000 aggregate,
or in another amount as specified by the Village Board, and naming
the Village of Brightwaters as additional insured during the time
of the event.
A permit shall be issued only if the proposed activity is approved
by the Board of Trustees. In deciding whether or not to approve the
issuance of such permit, the Village Board shall consider:
A.
The size of the premises in relation to the number of persons expected
to attend the gathering.
B.
The sufficiency or arrangements made to control traffic, parking,
noise, lighting and refuse.
C.
Conflicts with other events which might overtax Village services.
D.
Conflicts with other events which may cause vehicular or pedestrian
congestion in a particular area of the Village on the date in question.
E.
The frequency of gatherings proposed or approved for the premises
and whether this frequency is so great that the gatherings constitute
a persistent usage of the property incompatible with its character
or with that of the surrounding area.
F.
In the ease of public gatherings, conflicts with ordinary public
use of the land or facilities involved.
G.
Whether the applicant or owner of the premises at which the subject
gathering is to be held has been convicted of failure to comply with
the terms of any outdoor assembly permit issued within the last three
years.
Any applicant for a permit shall be required to provide and
maintain latrines, of a number and type approved by rules of the Suffolk
County Department of Health, for the use of persons engaged in conducting
the undertaking for which the permits shall apply and for the patrons
of said permitted undertaking, during the permit period.
Upon the expiration or revocation of the permit, the permit
holder shall leave the site clean and free of all debris. For a failure
to clean up the premises or site, the same shall be done at the expense
of the applicant. The deposit, or as much as remains after the payment
of cleanup and highway costs, shall be returned to the permit holder.
The applicant shall be required to prevent patrons, permittees
and/or invitees of the undertaking for which the permit is issued
or persons engaged in conducting the same from trespassing upon the
adjoining property or premises and shall set forth in the application
that details how the same shall be accomplished.
An offense against the provisions of this chapter shall constitute
a violation under the Penal Law and shall be punished by a fine of
not more than $500 or by imprisonment for not more than 15 days, or
both.
