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:
ASSEMBLY
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.
CIRCUS
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.
PARADE/WALK-RUN
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.
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:
B.
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:
(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.
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.
F. A garage or yard sale, as defined in Chapter
167 and held upon the property of the person conducting the sale.
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.
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 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).