[HISTORY: Adopted by the Board of Trustees
of the Village of Flower Hill 11-10-1999 by L.L. No. 3-1999. Amendments noted where
applicable.]
[Amended 11-6-2000 by L.L. No. 3-2000]
A.
No person shall give any exhibition, show, parade
or performance to the public, nor provide music for the same upon
any musical instrument or with any instrumental group without first
having obtained a license therefor.
[Amended 11-6-2000 by L.L. No. 3-2000]
No license to permit shows, concerts, theatrical
presentations, motion pictures or other similar activities shall be
issued for premises having a seating capacity of more than 100 persons,
unless the applicant can demonstrate to the satisfaction of the Board
of Trustees that the issuance of such license and the use of the premises
for such purposes will not cause a fire hazard, health menace, undue
traffic congestion, unreasonable interference with the use of the
street by pedestrians and parked motor vehicles, and that the activity
will not be harmful or hazardous to the health and welfare of the
general public in or about the vicinity of such premises.
Every license to conduct, operate or maintain
any of the activities or businesses referred to herein shall contain
a provision requiring the licensed establishment to close and cease
operations between the hours of 12:30 a.m. and 10:00 a.m., except
that no permit for the use or operation of a sound truck or loudspeaker
shall be valid for use after 9:00 p.m. on any day.
[Added 7-2-2018 by L.L.
No. 8-2018]
A.
Exhibition lighting. As used in this chapter, "exhibition lighting"
shall refer to the illumination of an outside area in a residential
zone which, either by itself or in conjunction with either music,
motion pictures or similar activity or modality, results in 20 or
more people coming to the location to view the same on at least three
days within a ten-day period.
B.
Exhibition lighting restrictions.
(1)
Exhibition lighting may be permitted by the Board of Trustees
upon application made by the owner of the subject property after considering:
C.
The applicant shall submit a detailed description of the proposed
exhibition lighting to the Board of Trustees, on a form provided by
the Board, who shall consider the request at a duly called meeting
of the Board of Trustees. The Board shall render its decision whether
to grant a permit for the exhibition lighting request within 31 days
of the date of the meeting. A failure by the Board to act on a request
within the time allowed shall constitute a denial of the request.
In any event, no permit shall be granted unless the applicant can
demonstrate to the satisfaction of the Board of Trustees that the
issuance of such permit and the use of the premises for such purposes
will not cause a fire hazard, health menace, undue traffic congestion,
unreasonable interference with the use of the street by pedestrians
and parked motor vehicles, and that the activity will not be harmful
or hazardous to the health and welfare of the general public in or
about the vicinity of such premises.
(1)
Conditions and fees upon grant. Upon granting a permit, the Board shall impose such restrictions and conditions, including hours of operation it deems necessary to ensure that the proposed use will not cause a fire hazard, health menace, undue traffic congestion, unreasonable interference with the use of the street by pedestrians and parked motor vehicles, and that the activity will not be harmful or hazardous to the health and welfare of the general public in or about the vicinity of such premises. Fees shall be in accordance with Chapter A243, Fees, Charges and Deposits, or, as determined by the Board of Trustees by resolution based upon the estimated costs to be incurred by the Village with respect to the proposed event. Further, upon the grant of such a permit the applicant shall be responsible for removal of all materials used in the exhibition within a reasonable period of time as determined by the Board of Trustees.
(a)
A notice of the meeting at which the application is to be heard
shall be prepared and made by the applicant by certified mail, return
receipt requested, to each property within a 200-foot radius of the
subject property in accordance with a radius map submitted by the
applicant. The applicant shall provide proof of such mailing, including
the mailing receipts, to the Village Administrator reflecting that
such mailing was made at least 10 days prior to the date of such meeting.
[1]
Deposits. At the time of the submission of an application, the
applicant shall deposit a sum of $500 with the Village Administrator.
Such sum shall be applied to the costs for which the applicant is
liable, and in the event that said sum shall be insufficient or become
fully expended, the applicant shall deposit such additional sums,
from time to time, as may be demanded by the Village, which sums shall
be paid within five days of demand; the failure to pay any such sums
as herein provided shall be grounds, among any other remedies the
Village may have, for the suspension of the application; the amount
by which the total deposits exceed the sum for which the applicant
is liable shall be refunded within 60 days after the rendering of
a decision on the application.
(2)
Costs. Each applicant shall be liable for and shall pay the
costs of the following incurred by the Village as a consequence of
the application, and such other costs as are incurred by the Village
as a result of its consideration of the application:
(3)
The failure by an applicant to comply with any of the procedures
or filing requirements set forth in this chapter, or the existence
of any outstanding violation against the subject property, shall be
grounds for the rejection of the application.
D.
Enforcement.
(1)
The provisions of this chapter may be enforced by the Code Enforcement
Officer or by any law enforcement officer. Where such enforcing officer
determines that a violation of this chapter exists, such officer shall
give written notice of such violation to the owner and/or occupant
of the property on which the violation exists. Each day after service
of the notice of violation during which such violation continues shall
constitute a separate offense, and no further notice as to the same
shall be required.
(2)
If a Code Enforcement Officer or any other official within the
Village observes a property upon which exhibition lighting appears
to be in use, the Village Code Enforcement official shall issue an
order halting such exhibition lighting until such time as a permit
is obtained from the Board of Trustees.
[Amended 7-2-2018 by L.L.
No. 8-2018]
Any person committing an offense against any provision of this article shall, upon conviction thereof, be punishable as provided in Chapter 1, General Provisions, Article 11, Penalties, of the Code of the Village of Flower Hill.
