[HISTORY: Adopted by the Board of Trustees of the Village of East Hampton 4-20-2018 by L.L. No. 2018. Amendments noted where applicable.]
Noise — See Ch. 196.
Peace and good order — See Ch. 211.
Streets and sidewalks — See Ch. 250.
Editor's Note: This local law also stated that it shall take effect on 10-1-2018.
Assemblies or organized events which are anticipated to or are likely to attract a large number of people can adversely affect the well-being of Village residents. Large assemblies or events on public and private properties can disturb nearby residents in the peaceful enjoyment of their homes and property, interfere with the general public's normal use of highways and other municipal facilities, and can be harmful to the public safety and welfare. Large assemblages of people result in the need for some control over traffic and parking and can cause a strain on police services, particularly during the summer season. In an effort to provide for the well-being of the community, the Village Board establishes new procedures whereby the Village can be informed in advance of assemblies and special events and can assure that such assemblies and events, if appropriate under the Village Code and the Constitution of the State of New York, can be accommodated without unduly burdening the community or the resources of the Village of East Hampton or unreasonably impacting upon or restricting the use of Village resources by other Village residents.
As used in this chapter, the following terms shall have the meanings indicated:
- A social occasion, an event, or an activity which involves the assembly of persons on public or private property in any zoning district, and which is intended or expected to take place in whole or in part outdoors, with or without an admission or invitation fee, a sponsorship, or a requested donation, and held on a one-time basis, including, but not limited to, weddings, family reunions, parties, fairs, bazaars, outdoor shows, horse shows or exhibitions, and concerts, and if held on a commercial premises as the same is defined herein, is not included within the approved uses of the property upon which the assembly is to take place, as evidenced by the site plan approval issued by the Village Design Review Board, the certificate of occupancy for the premises as issued by the Village Building Department, or as determined by the Village Code Enforcement Officers based upon the historic use of the subject premises as supported by credible evidence.
- CHARITABLE ORGANIZATION
- An organization as defined in New York State Executive Law § 171-a, including but not limited to not-for-profit entities. Such charitable organizations shall be recognized as exempt from federal taxation under Internal Revenue Code § 501(c)(3), shall be duly registered with the Charities Bureau of the Attorney General of the State of New York, and shall provide services or funds that benefit residents of the Village of East Hampton. For purposes of this chapter, this category shall also be deemed to include established civic organizations which are formed for and do provide a public benefit and are not formed for and do not have as a primary purpose the accumulation of profits for their owners or members. Organizations such as Chambers of Commerce, veterans' organizations, fraternal organizations, political committees organized pursuant to Election Law, and similar organizations which provide benefits to members of the community qualify for this classification.
- A public entertainment consisting typically of a variety of performances by acrobats, clowns, and trained animals.
- COMMERCIAL PREMISES
- Property containing a legally nonconforming business use and any vacant or improved parcel in a commercial use district other than one upon which the principal use is one or more single-family residences.
- DESIGNATED AGENT
- A person residing within Suffolk County who is designated by the applicant for an assembly to accept service of process from the Village of East Hampton for any violation of this chapter or any other chapter set forth in the Code of the Incorporated Village of East Hampton which relates to or arises out of the assembly.
- EXPRESSIVE ACTIVITY
- An assembly or similar gathering held for the sole purpose of exercising free speech activity protected by either the First Amendment to the United States Constitution or Article I, Section 8, of the New York State Constitution, and for which no fee or donation is charged or required as a condition of participation in or attendance at such assembly.
- A type of assembly which involves a walk, run, march or similar assembly (including, but not limited to, a marathon or bicycle race) regardless of whether any fee or donation is charged or required as a condition of participation in or attendance at such assembly, where the activity occurs on any public highway, street, right-of-way, sidewalk or in any other public place rather than on a specific property, and which can or is likely to disrupt or interfere with normal traffic patterns, regulations or controls, as determined by the Chief of Police.
- PUBLIC PROPERTY
- Property of the Village or any other governmental entity.
- SOCIAL OCCASION
- An assembly for social, noncommercial purposes at which no goods, merchandise or services are offered or sold, or orders for the same solicited or taken.
- SPECIAL EVENT
- An assembly at a residence having 50 or more people in attendance, or if at a commercial premises, an event which is not one of the approved uses of the premises.
- SPECIAL EVENT PERMIT
- A permit for a special event as defined in this chapter. Special event permits shall be of four categories:
- (1) The sale of goods or merchandise, by fixed price or auction, upon a property not approved for retail sales, or if approved for the same, from a location on the property not approved for such use;
- (2) The sale of food or beverages upon a property not approved for the sale of food or beverages, or if approved for the same, from a location on the property not approved for such use;
- (3) A performance, speech, recital or other presentation by an entertainer or other artist, with or without the use of musical instruments or recorded music, for which a fee is charged, if such property is not approved for such use;
- (4) The erection of a tent upon the premises;
- (5) The parking of attendees' vehicles upon any public street, highway, right-of-way or other off-site location due to lack of availability of parking upon the premises hosting the assembly.
No owner, lessee or any other person claiming a right or interest in property located within the Village of East Hampton shall cause, permit or allow such property to be used for a special event as defined herein unless a written permit for the special event has been issued by the appropriate Village official(s).
No person, group, entity or organization shall organize or conduct a parade/walk-run, as defined herein, upon any public street, sidewalk, right-of-way or public property within the Village of East Hampton without first having obtained a written special event permit from the appropriate Village official(s).
The following shall be exempt from the requirements of a written special event permit:
Events sponsored by the Village.
Regular sporting events held at facilities which are approved for such purposes.
A student assemblage at any school chartered by New York State.
An assemblage for purposes of expressive activity, provided that the organizers furnish the Village Administrator with written notice at least 48 hours in advance if more than 50 persons are expected to attend. The name, address and contact information of the organizer, the proposed location or route, and the date and time of the event shall be provided.
Gatherings for religious purposes held at facilities which are approved for such purposes.
Time for submission. The application form shall be submitted to the Village Administrator no less than 21 days before the date of the expected special event. If, given the nature and timing of the event, the submission of an application 21 days before the event is impracticable, the application shall be submitted upon as much notice to the Village Board and/or its designee as is practicable under the circumstances.
Application form. An applicant may obtain an application form from the Village Administrator. The information requested on the application form shall include, without limitation, the following:
The applicant's name, mailing address, e-mail address and telephone number, with a statement of the applicant's relationship to any sponsoring organization. If the applicant is a professional fundraiser as defined in § 171-a of the New York State Executive Law, that fact shall be disclosed.
The proposed location, date, time and duration of the event.
A name and contact number of a responsible person who will be available to Village officials at the time of the event.
The name of the designated agent.
A survey or sketch map of the event location. In the event of a parade/walk-run special event, a map depicting the route of the event must be provided.
A description or sketch plan depicting the proposed location(s) for parking, outdoor areas proposed to be used, and the location of any tent(s) and additional sanitary facilities. A separate application shall be made for any tent to the Code Enforcement Department, and it shall indicate size and placement of the tent on the premises, and all tents shall meet all necessary Fire Code requirements.
On-site sanitary facilities available to attendees.
The number of anticipated attendees. This number must include invited guests in addition to any staff that will be there for the duration of the event.
If food is to be served and the applicant or property owner or operator is not the supplier, the name and address of the proposed food vendor must be provided. Suffolk County Department of Health Services permit number(s) must be disclosed.
If security is to be provided, the name and address of the security company, security plan and contact person shall be provided on a separate application to the Police Department.
Proposed outdoor loudspeakers, music, live or recorded, and a description of the proposed use of loudspeakers and/or music, including the start time and duration.
Whether alcohol will be served at the premises. A special event license from the State Liquor Authority may be required.
The number of anticipated vehicles for attendees and staff; the location of any off-site parking areas and any restrictions or limitations upon such off-site parking, including restrictions and limitations contained in any deed or covenant or any natural feature, such as protected vegetation or wetlands. The Village shall have the right to require such additional information, such as a survey or inspection of off-site parking area(s) as Village officials deem appropriate to review the permit application. If a parking valet service is to be used, contact information for the service must be provided on the application, including name and telephone number.
If off-site parking is proposed, the traffic management plan for the parking of vehicles and transportation of cars or guests to and from the event site.
Special events may take place over a period of more than one day. All days shall be clearly set forth, and the Village Board shall have the right to approve some dates and deny others.
An application for a special event permit shall contain such other information as the Village Board and/or its designee(s) may reasonably require. Such additional information may include but not be limited to additional information regarding vehicular and pedestrian access to the gathering (including provisions for handicapped access), parking of vehicles, use of music (indoors or out), use of exterior lighting, use of generators, use of signs on or off the premises, erection of structures and disposal of refuse, and in the case of a gathering which benefits a charitable organization, as defined in this chapter, this additional information may include but shall not be limited to a statement of the anticipated portion of the sales price, anticipated percentage of the gross proceeds, anticipated dollar amount per purchase or other consideration or benefit which the charitable organization will receive.
Application fee. Application fees for special event permits shall be established and amended, from time to time, by resolution of the Village Board and shall be effective as stated in such resolution(s). Application fees are nonrefundable. The Village Board shall be free to establish differing fees for different types of special events and its designee has the discretion to waive such fee.
Security deposits. Prior to the issuance of a public property special events permit or a parade/walk-run special event permit only, the applicant shall furnish the Village Administrator with a letter of credit, bond or other suitable security instrument, in an amount to be determined by the Village Administrator upon consultation with the Chief of Police and the Department of Public Works, in order to secure compliance with the conditions in the permit and to ensure adequate cleanup of the property after the event. If the applicant fails to honor the permit conditions or to adequately clean up the property following the event, the Village may use such portion of the security as is required to remedy the situation.
Liability insurance. Prior to the issuance of a public property special events permit or a parade/walk-run special event permit only, the applicant shall furnish the Village Administrator with a comprehensive liability insurance policy, insuring the applicant against liability for damage to persons or property, with limits of not less than $1,000,000 per occurrence (bodily injury/property damage) and $2,000,000 aggregate, which policy shall name the Village as an additional insured and shall not be cancelable without at least 30 days' prior written notice to the Village. Additional comprehensive liability insurance policies, naming the Villagers an additional insured, may be required.
Cost reimbursement. Where the expected number of persons or the duration of the event or parade or gathering may impact the health, safety and welfare of the public, the Village Administrator may require the applicant to reimburse the Village for the costs of increased police protection, public safety oversight, and public works facilitation, including any additional equipment to adequately and safely control and protect the persons attending the event, the event area and traffic in and around the event area. Such costs shall include all necessary staffing needed to ensure protection of citizens at the event. After termination of the event, the applicant shall be provided actual costs for the event and shall remit the amount to the Village in a timely manner.
A special event permit may be issued by the Village Board of Trustees or the Village Administrator as its designee.
The permit shall be subject to reasonable conditions, which shall be stated in writing on the permit, related to traffic, parking, litter and garbage, noise and possible damage to public property. Whether or not so stated in the permit, the issuance of the permit obligates the applicant to obtain all other governmental permits, if any, which might be required.
The permit must be kept available on the premises during the event, available for inspection by a police officer or other code enforcement officer of the Village of East Hampton upon request of such officer.
The applicant shall ensure that the special event is held in conformance with the permit and shall be responsible for preventing those attending the gathering from trespassing on any adjoining premises.
The Village Board and/or its designees may deny a permit under this chapter for the following reasons:
Untimely receipt of completed application: failure of the applicant to submit a completed application in a timely manner as required herein.
The Village Board and/or its designees find that the application contains materially false information.
The Village Board and/or its designees find that at any time within the preceding three years, an applicant for the permit or an owner of the premises on which the special event is to be held has provided false information on an assembly permit application.
Violation of existing law or condition. The special event would result in a violation of any law of the Village of East Hampton, the County of Suffolk, the State of New York or the United States of America or a violation of any condition of site plan approval by the Design Review Board or any condition imposed by the Zoning Board of Appeals in connection with the granting of a special permit or variance relief or any condition imposed by the Planning Board in connection with a subdivision approval.
Lack of indemnification or insurance. The applicant failed to supply the Village Board and/or its designee with a hold-harmless agreement or certificate of insurance, in a form acceptable to the Village Attorney, as required by the provisions hereof.
Prohibited special event. The event is prohibited by the provisions hereof.
The proposed site is unsuitable for the special event.
The special event conflicts with other assemblies which might overtax police and emergency services.
There are conflicts with other events which may cause vehicular or pedestrian congestion in a particular area of the Village on the date in question.
The frequency of events proposed or approved for the premises is so great that the events constitute a persistent usage of the property incompatible with its character or with that of the surrounding area.
In the case of special events on public property, the event conflicts with ordinary public use of the land or the facilities involved.
The applicant or owner of the premises at which the special event is to be held has been convicted for failure to comply with the terms of any assembly or mass gathering, permit issued under the previous mass gathering law within the last three years. Such violations shall include, but shall not be limited to, the number of persons in attendance, failure to comply with the Village's noise and/or parking regulations, and failure to comply with Fire Code requirements.
Inadequate provisions have been made for parking, noise abatement, sanitary demands, refuse removal, security and fire safety and emergency preparedness.
In the event an application for a permit is denied, the Village Board or its designee shall provide to the applicant a written statement setting forth the reason or reasons therefor.
The issuance of a permit hereunder shall be deemed to approve the application for which the permit is issued and to require the applicant to undertake all actions proposed in the application for the control of traffic, parking, noise, lighting, sanitary disposal and refuse disposal and the like. The special event shall be subject to any terms or conditions imposed in the permit in any resolution of the Village Board approving the permit or in any permit obtained from the Village's designated official. Failure to adhere to a term, condition or time limitation imposed in the resolution approving the permit or set forth in the permit shall be a violation of this chapter.
Receipt of application. Upon receipt of a special event permit application, the Village Board and/or its designee(s) may immediately furnish a copy of said application to the Chief of Police, Chief Fire Marshal, Building Inspector, Code Enforcement Officers, the appropriate ambulance corps, and such other departments and agencies as the Village Administrator may deem appropriate.
Issuance of permit. Upon issuance of a special event permit, the Village Board and/or its designee(s) shall immediately furnish a copy of said permit to the Village Administrator, the Chief of Police and the Chief Fire Marshal.
The issuance of a special event permit shall not be deemed to authorize any physical alteration to land or property owned by the Village of East Hampton, including highways, unless such alteration is expressly allowed by the terms of the permit or by a Village Board resolution approving the issuance of such permit. For the purposes of this section, the term "alteration" shall include, but shall not be limited to, the grading, filling or clearing of land, the cutting, felling or removal of trees or other vegetation and a change in the physical characteristics of a building or structure or the component parts thereof.
Service of a notice of violation or summons may be made upon the property owner or designated agent, or upon any party at the special event representing or appearing after due investigation that such individual is in control of the assembly. In the event that a notice of violation or summons is served upon anyone other than the owner or designated agent, a copy of the same shall be mailed to the owner as a courtesy.
The following gatherings are prohibited in the Village of East Hampton, and no permit shall be issued which would authorize these events:
Circuses which include the use of any animals or animal acts.
Outdoor sale of goods or services on property not owned by a not-for-profit corporation, if such sale of goods or services is inconsistent with the approved use of the premises, unless the special event is sponsored by a charitable organization as the same is defined herein and the Village Board has determined that the proceeds of the event will benefit the not-for-profit corporation and the community on a local level after deduction of reasonable expenses, and that no individual or entity not actually providing a service in furtherance of the event will profit from the same.
Carnivals, festivals or similar events which include mechanical rides, unless the event is sponsored by a local charitable organization, as the same is defined herein, based within the boundaries of the Village, in which case one merry-go-round or carousel ride will be permitted, and such special event shall be deemed a gathering subject to all the provisions of this chapter.
Special events to be held in whole or in part outdoors or in a tent on property containing a legally preexisting nonconforming business use in a residential district.
Once a special event permit has been issued, any proposed amendment or modification to the application by the applicant shall be filed with the Village Administrator if any of the conditions have changed. Notice shall be given to the Village Administrator not less than 15 days prior to the event. Such changes may include, but are not limited to, the date of the event, the location of the event, the location or route of the parade/walk-run, the number of attendees, or the addition of tents, alcohol, or fireworks.
If, after a special event permit is issued, the Village determines that any of the representations and/or statements contained in the application or any of the conditions or requirements of the permit or this chapter have not been met, the Village Administrator may immediately rescind or modify such permit or terminate such assembly.
In the event that a special event permit is rescinded prior to the scheduled event date, the applicant may appeal such determination as provided for in this chapter.
The Village may rescind a special event permit issued pursuant to this chapter at any time for the reasons set forth herein. The following constitute a basis for rescission of a permit:
False information. The application is found to contain materially false information.
Violation of existing law. The special event is found to violate any law of the Village of East Hampton, the County of Suffolk, the State of New York or the United States of America.
Violation of recorded conditions or limitations. The permit is found to be in violation of a restriction or limitation contained in a recorded covenant, deed or other document or a violation of any condition of site plan approval or any condition imposed by the Zoning Board of Appeals or Planning Board or Design Review Board in connection with the granting of a special permit or variance relief.
Noncompliance with permit. The special event is being advertised to be held in violation of a condition of the permit issued therefor or is actually being held in violation of the permit.
Substantive change in circumstances since permit was issued:
The number of persons expected to attend the gathering is too great in relation to the size of the premises.
Arrangements made to control traffic, parking, noise, lighting, sanitary disposal and refuse disposal are insufficient.
The gathering will conflict with other events which might overtax police and emergency services.
Because of conflicts with other events, the gathering will cause vehicular or pedestrian congestion in a particular area of the Village on the date in question.
The frequency of gatherings proposed or approved for the premises is so great that the gatherings constitute a persistent usage of the property incompatible with its character or with that of the surrounding area.
The gathering will conflict with ordinary public use of the land or facilities involved.
A denial of an application or the rescission of a permit by the Village Administrator may be appealed to the Board of Trustees. All requests for an appeal shall be made in writing and filed with the Village Administrator. The Board of Trustees shall conduct a public hearing on the appeal following the giving of notice at least 10 days prior to the date of the hearing by publishing a notice in the official newspaper and by mailing written notice of the date, time and place of the hearing, together with a copy of the application, to every property owner 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.
The following shall be deemed to constitute a violation of this chapter:
Failure to obtain permit: the holding of a special event for which a permit is required hereunder without having obtained such permit or after such permit has been revoked.
Failure to present permit: the failure to present a permit for inspection by an enforcement officer upon the request of such officer.
Failure to comply with permit: the failure to undertake actions for the control of traffic, parking, noise, lighting, sanitary disposal and refuse disposal and the like, which are part of the application, or the failure to adhere to one or more terms or conditions of the permit.
Illegal signs: the use of one or more signs which are not authorized by a permit.
Prohibited assembly: the holding of a special event which is prohibited hereunder.
Violation of chapter: the failure to comply with any other requirement or restriction imposed by this chapter.
Any person who violates any provision of this chapter shall be guilty of a violation and shall, upon conviction, be subject to the imposition of a fine in accordance with the following schedule for each violation. Each day that a violation continues shall be deemed a separate offense.
For the first offense, a fine of not less than $500 nor more than $2,000 for each offense, plus any costs incurred by the Village as a result of the violation(s).
For a second offense within a three-year period, a fine of not less than $1,000 nor more than $5,000 for each offense, plus any costs incurred by the Village as a result of the violation(s).
For a third and subsequent offense within a three-year period, a fine of not less than $2,500 nor more than $15,000 for each offense, plus any costs incurred by the Village as a result of the violation(s).