Where the Town Board finds that, due to the special circumstances
of a particular case, a waiver of certain requirements is justified,
a waiver may be granted. In all cases, no waiver shall be granted
unless the Town Board finds and records in its minutes that:
A.
Granting the waiver would be keeping with the intent and spirit of
this chapter, and is in the best interests of the community.
B.
The nature and duration of any nonconforming motorcade, parade or
public assembly, and its effect upon the character, appearance, or
welfare of any persons or the environment.
C.
There are special circumstances involved in the particular case.
D.
Denying the waiver would result in undue hardship to the applicant,
provided that such hardship has not been self-imposed.
E.
The waiver is the minimum necessary degree of variation from the
requirements of this chapter.
Every permittee, applicant or unpermitted sponsor shall personally
manage and be personally responsible for the motorcade, parade or
public assembly.
If any clause, sentence, paragraph, section or article of this
chapter shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section or article thereof directly involved
in the controversy in which such judgment shall have been rendered.
The determinations of the Town Board and the Enforcement Officer
referenced in this chapter shall be deemed "final determinations"
for purposes of Article 78 of the New York Civil Practice Laws and
Rules (CPLR). Notwithstanding this, standing under said Article 78
of the CPLR shall only be appropriate after the exhaustion of any
appeals as provided for in this chapter.
