[HISTORY: Adopted by the Board of Trustees of the Village
of East Hampton 4-20-2018 by L.L.
No. 2018.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 196.
Peace and good order — See Ch. 211.
Streets and sidewalks — See Ch. 250.
[1]
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.
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.
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.
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.
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.
Property of the Village or any other governmental entity.
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.
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.
A permit for a special event as defined in this chapter.
Special event permits shall be of four categories:
RESIDENTIAL SPECIAL EVENT PERMITA permit for an assembly of 50 persons or more upon a property which is zoned for or actually used as a residence.
COMMERCIAL SPECIAL EVENT PERMITA permit for an assembly upon a property which is either in a Limited Office, Core Commercial, Commercial or Manufacturing-Industrial District, or is in a Residential District, but actually used by a legally preexisting, nonconforming business, or for an assembly upon property zoned for and used for nonresidential purposes, and which assembly is not consistent with the approved use(s) for the commercial property, in that it includes one or more of the following:
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;
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;
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;
The erection of a tent upon the premises;
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.
PUBLIC PROPERTY SPECIAL EVENT PERMITA permit for an organized assembly of persons upon a property which is a public park, beach, or other property which is open to the public.
PARADE/WALK-RUN SPECIAL EVENT PERMITA permit for a parade/walk-run as defined herein.
A.
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).
B.
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:
A.
Events sponsored by the Village.
B.
Regular sporting events held at facilities which are approved for
such purposes.
C.
A student assemblage at any school chartered by New York State.
D.
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.
E.
Gatherings for religious purposes held at facilities which are approved
for such purposes.
A.
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.
B.
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:
(1)
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.
(2)
The proposed location, date, time and duration of the event.
(3)
A name and contact number of a responsible person who will be available
to Village officials at the time of the event.
(4)
The name of the designated agent.
(5)
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.
(6)
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.
(7)
On-site sanitary facilities available to attendees.
(8)
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.
(9)
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.
(10)
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.
(11)
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.
(12)
Whether alcohol will be served at the premises. A special event
license from the State Liquor Authority may be required.
(13)
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.
(14)
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.
A.
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.
B.
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.
C.
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.
D.
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.
A special event permit may be issued by the Village Board of Trustees
or the Village Administrator as its designee.
B.
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.
C.
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.
D.
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.
A.
The Village Board and/or its designees may deny a permit under this
chapter for the following reasons:
(1)
Untimely receipt of completed application: failure of the applicant
to submit a completed application in a timely manner as required herein.
(2)
False information.
(a)
The Village Board and/or its designees find that the application
contains materially false information.
(b)
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.
(3)
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.
(4)
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.
(5)
Prohibited special event. The event is prohibited by the provisions
hereof.
(6)
The proposed site is unsuitable for the special event.
(7)
The special event conflicts with other assemblies which might overtax
police and emergency services.
(8)
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.
(9)
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.
(10)
In the case of special events on public property, the event
conflicts with ordinary public use of the land or the facilities involved.
(11)
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.
(12)
Inadequate provisions have been made for parking, noise abatement,
sanitary demands, refuse removal, security and fire safety and emergency
preparedness.
B.
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.
A.
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.
A.
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.
B.
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:
A.
Circuses which include the use of any animals or animal acts.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
C.
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.
D.
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:
(1)
False information. The application is found to contain materially
false information.
(2)
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.
(3)
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.
(4)
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.
(5)
Substantive change in circumstances since permit was issued:
(a)
The number of persons expected to attend the gathering is too
great in relation to the size of the premises.
(b)
Arrangements made to control traffic, parking, noise, lighting,
sanitary disposal and refuse disposal are insufficient.
(c)
The gathering will conflict with other events which might overtax
police and emergency services.
(d)
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.
(e)
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.
(f)
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:
A.
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.
B.
Failure to present permit: the failure to present a permit for inspection
by an enforcement officer upon the request of such officer.
C.
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.
D.
Illegal signs: the use of one or more signs which are not authorized
by a permit.
E.
Prohibited assembly: the holding of a special event which is prohibited
hereunder.
F.
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.
A.
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).
B.
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).
C.
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).
