[HISTORY: Adopted by the Board of Trustees of the Village of Patchogue as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-11-2020 by L.L. No. 4-2020]
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 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 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. In an effort to provide for the well-being of the community, the Village Board establishes herein a procedure whereby the Village can be informed in advance of assemblies and can assure that such assemblies, 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 or unreasonably impacting upon or restricting the use of Village resources by other Village residents.
The following definitions shall govern the interpretation of this article unless otherwise expressly defined herein. Words used in the singular shall include the plural and vice versa. The word "shall" is always mandatory.
As used in this article, 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 takes 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 or series basis, including, but not limited to, parties, fairs, bazaars, outdoor shows, exhibitions, and concerts, and if held on a commercial or residential 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 Planning Board, the certificate of occupancy for the premises as issued by the Village Building Department, or as determined by the Village Building Inspector based upon the historic use of the subject premises as supported by credible evidence. Noncommercial events, occasions, and activities held on residential premises shall not be considered an "assembly" for the purposes of this article so long as they do not include a tent larger than 20 feet by 20 feet.
- 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 Patchogue. For purposes of this article, 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, and similar organizations which are actually located within the Village of Patchogue and provide benefits to members of the community qualify for this classification.
- COMMERCIAL PREMISES
- Property containing a conforming or legally nonconforming business use and any vacant or improved parcel in a commercial use district other than one upon which the principal use is as a residence.
- DESIGNATED AGENT
- A person, residing within the County of Suffolk, who is designated by an applicant for an assembly to accept service of process from the Village of Patchogue for any violation of this article or any other chapter set forth in the Village Code 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, § 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 Village highway, public 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 Chief of Police.
- PUBLIC PROPERTY
- Property of the Village or other governmental agency.
- RESIDENTIAL PREMISES
- Property containing a conforming or legally nonconforming residential use and any vacant or improved parcel in a residential use district other than one upon which the principal use is as a business.
- SOCIAL EVENT
- 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 PERMIT
- A permit for a special event as defined in this article.
No owner, lessee or any other person claiming a right or interest in residential property located within the Village of Patchogue shall cause, permit or allow such property to be used for an assembly as defined herein unless a written special event permit for the assembly has been issued by the appropriate Village official(s).
No owner, lessee or any other person claiming a right or interest in commercial property located within the Village of Patchogue shall cause, permit or allow such property to be used for an assembly as defined herein unless a written special event permit for the assembly has been issued by the appropriate Village official(s). Commercial assemblies upon portions of commercial properties which have been maintained as spaces open and available to the public as areas for casual gathering, walking and/or relaxation, such as green spaces in retail areas, may apply to utilize such areas.
No person, group, entity or organization shall organize or conduct a public property special event, as defined herein, upon any public property within the Village of Patchogue, unless a written special event permit for the assembly has been issued by the appropriate Village official(s). Public property assemblies are subject to the Village's right to limit the number of public property special event permits issued per applicant and per location in a calendar year, as well as limit the hours and days of the week for which activities will be approved.
No person, group, entity or organization shall organize or conduct a parade/walk-run, as defined herein, upon any public street, sidewalk, walkway, right-of-way or public property within the Village of Patchogue unless a written special event permit for the assembly has been issued by the appropriate Village official(s).
The following shall be exempt from the requirements of a 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 provide the Village Clerk with written notice at least 48 hours in advance if more than 25 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.
Noncommercial social events as defined above, on public property involving up to 20 people over the age of 18 years, provided that there is no tent and the event is neither catered nor for which other services have been contracted.
Application form. An applicant may obtain an application form from the Village Clerk.
Submission to Village Clerk. Applications for events must be submitted at least 60 days before the event. For each application, the Village Clerk has the discretion to waive the submission deadline. The following materials shall be submitted by the applicant to the Village Clerk before the proposed date of the special event:
A completed application form.
For commercial, public property, and parade/walk-run special event permits, a nonrefundable application fee. The Village Board, by resolution duly adopted from time to time shall establish or amend such fee amount. The Village Board or its designee has the discretion to waive such fee.
Review by the Village Board. The Village Clerk shall forward the application to the Village Board or its designee for approval or disapproval. The review will consider whether the proposed assembly would unduly burden the community or the resources of the Village of Patchogue, or unreasonably impact upon or restrict the use of Village resources by other Village residents, or constitute a threat to public safety, health or welfare by reason of time, location or duration of the activity, or will unduly interfere with vehicular and/or pedestrian traffic. The Village Board or its designee may deny an application for a permit under this article after a review of the application, whenever a determination is made that the proposed special event would violate any law or ordinance or would unreasonably interfere with the public's use of public lands; unreasonably interfere with the use and enjoyment of adjoining properties; unreasonably impede the flow of vehicular or pedestrian traffic; be detrimental to the community because of anticipated excessive noise, illumination or other effect caused by the proposed assembly, or otherwise endanger the public's health, safety or welfare. In addition, the Village Board or its designee may consider the number of applications submitted for a particular property and may deny an application if determined that the history of permit applications indicates an attempt by the applicant and/or property owner to circumvent Patchogue Village Code. Any denial shall be in writing and shall specify the reasons for the denial. The Board, or its designee, may refer all permits for comment to the Suffolk County Police Department, Fire Marshal, Department of Public Works, and/or any other Village department or agency should the application indicate that such entity may be affected by the approval of such application. The Board or its designee shall send the approved or disapproved application back to the Village Clerk.
Review by Village Attorney. The Village Clerk shall forward the certificate of insurance and the indemnification agreement to the Village Attorney for approval. The Village Attorney shall return such approved or disapproved documents to the Village Clerk.
Fees. The Village Clerk shall calculate the fees required to be paid by an approved applicant as follows:
Permit fee. All special event permits may be subject to a permit fee, and the Village Board, by resolution duly adopted, from time to time shall establish or amend such fee amount.
Cleanup deposit. A fee for each day covered by the permit shall be paid pursuant to § 357-7, and the Village Board, by resolution duly adopted, from time to time shall establish or amend such fee amount.
Issuance of permit. The Village Clerk shall countersign an approved application. The Village Clerk shall collect the fees calculated pursuant to Subsection E from the applicant. Payment of the permit fee shall be in the form specified in § 357-8. Upon payment of the permit fee, the Village Clerk shall issue the permit to the applicant. The permit shall set forth the name of the applicant, the location(s), date(s) and time(s) of the special event and any special conditions.
The Village may deny an application for a permit under this article after a review of the application, whenever a determination is made that the proposed special event would violate any law or ordinance or would unreasonably interfere with the public's use of public lands; unreasonably interfere with the use and enjoyment of adjoining properties; unreasonably impede the flow of vehicular or pedestrian traffic; be detrimental to the community because of anticipated excessive noise, illumination or other effect caused by the proposed assembly, including, but not limited to, a potentially dangerous activity or creation of a dangerous condition, or otherwise endanger the public's health, safety or welfare. Such denial shall be in writing and shall specify the reasons for the denial.
The Village reserves the right to impose additional and further requirements up to and through the date or dates of the special event, as deemed by the Village to be necessary to assure compliance with the requirements and purposes of this article.
The Village reserves the right to immediately revoke any permit issued due to noncompliance with the requirements of the permit.
In the event that the Director of Public Safety determines that public safety officers or traffic control officers will be necessary for the protection of the citizens or for the control of traffic during the special event, the applicant shall submit to the Village Clerk a fee for each day covered by the permit pursuant to Subsection E of § 357-5, and the Village Board, by resolution duly adopted, from time to time shall establish or amend such fee amount.
If the Director of Public Safety determines that a traffic control fee will be fully expended prior to the termination of the permit period, the Director of Public Safety shall notify the Village Clerk. The Village Clerk shall contact the applicant in writing and require payment of an additional sum of money, said specific amount to be determined by the Director of Public Safety based on the salaries and the number of hours to be worked by the Village police and traffic control personnel. Said additional traffic control fee shall be paid within seven days of said notice. The applicant's failure to pay such additional fee within said seven-day period shall result in the Village Clerk's providing the applicant with written notice that the permit has been suspended and the date of such suspension. The applicant's receipt of the Village Clerk's suspension notice shall not be construed as altering the date of suspension set forth in said written notice, the effective date of the suspension being the day immediately following the completion of the seven-day notice period.
The procedure set forth in Subsection B may be repeated as necessary to ensure that the applicant pays for all costs incurred by the Village in providing traffic control services.
After termination of the special event, the Director of Public Safety shall provide the Village Clerk with a statement regarding the actual cost to the Village of providing said police officers or traffic control officers. If the actual cost is less than the moneys that the Village has collected pursuant to Subsection A, B or C, the Village shall remit the balance to the applicant. If the actual cost is more than the moneys that the Village has collected pursuant to Subsections A, B or C, the applicant shall be responsible for providing the balance to the Village within 30 days of the permit period.
The Director of Public Safety shall forward a copy of the statement of actual cost to the Village Clerk, who will file said statement with the original application form.
Each applicant whose application has been approved shall give the Village Clerk a check for a cleanup fee deposit for each location covered by the permit, which check shall be held and not deposited by the Village during the duration of the permit period. The Village Board, by resolution duly adopted, from time to time shall establish or amend such deposit fee amount.
At the termination of the permit period, the Village Superintendent of Parks and Recreation or the Village Superintendent of Public Works, as appropriate, shall inspect the locations listed on the permit and determine if the locations require cleanup efforts by Village personnel.
If cleanup is required, the Village Superintendent of Parks and Recreation or the Village Superintendent of Public Works, as appropriate, will coordinate that effort. Said Superintendent will provide the Village Clerk with a statement setting forth the actual cost to the Village of providing said cleanup services. If the actual cost is less than the fee deposit collected pursuant to Subsection A, the Village shall remit the balance to the applicant. If the actual cost is more than the fee deposit collected pursuant to Subsection A, the applicant shall be responsible for providing the balance to the Village within 30 days of the termination of the permit period.
If no cleanup is required, the Village Superintendent shall notify the Village Clerk of that fact, and the Village Clerk shall promptly remit the check to the applicant.
Any fee collected under this article shall be paid either in cash or by check made payable to the Village of Patchogue and shall be delivered to the Village Clerk.
Other than the required fees, the Village shall not accept any donations from the applicant in connection with the granting of the permit. In addition, no Village official or employee shall make a recommendation to the applicant regarding a donation to a third party.
The Village Board, upon consent of a majority of its members, after due consultation, may authorize a waiver of the requirements and/or limitations of this article whenever it determines that strict compliance with such limitations or requirements will pose an unreasonable burden upon the applicant and that such permit may be issued without endangering the public's health, safety or welfare. In such instances, the Village Board may attach additional conditions and safeguards to ensure the orderly conduct of the activity and to minimize the impact of such use.
Once an assembly permit has been issued, any proposed amendment or modification to the application by the applicant shall be filed with the Village Clerk if any of the conditions have changed. Notice shall be given to the Village Clerk not less than 15 days prior to the assembly. 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, the number of attendees, or the addition of tents, alcohol, or fireworks.
The Village may rescind an assembly permit issued pursuant to this article at any time for the following reasons:
False information. The application is found to contain materially false information.
Violation of existing law. The assembly is found to violate any law of the Village of Patchogue, 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.
Noncompliance with permit. The assembly is being advertised to be held in violation of the permit issued therefor or is actually being held in violation of the permit.
Substantive change in circumstances since the 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.
During the course of the special event, any authorized Village Code enforcement official, peace officer or a police officer may suspend any permit where public health or safety risks are found or where exigent circumstances warrant such action.
The Village Clerk shall give notice to the Director of Public Safety, the Chief Building Inspector, the head of the Ordinance Enforcement Department and the Chief Fire Marshal, the Superintendent of Highways and the Superintendent of Parks and Recreation of each permit issued pursuant to this article.
A permit holder shall be responsible for any damage to Village property or facilities that may result from the permit holder's activities. No alterations are to be made at special event sites, including, without limitation, cutting trees, digging holes and trimming bushes, without the express authorization of the Village Board.
The applicant shall ensure that the assembly is held in conformance with the permit and shall be responsible for the conduct of the assembly. The applicant and the landowner shall prevent patrons, licensees and/or invitees of the assembly, or those engaged in conducting the same, from the tespassing upon any adjoining property or premises.
Issuance of a permit pursuant to this article does not relieve the permit holder of its duty to comply with all other Village local laws, ordinances and regulations during the duration of the special event. In addition to the permit required under this article, the applicant shall obtain all other governmental permits or approvals which are required for the assembly. Unless specific exemption is obtained from the appropriate governmental authority, the assembly shall be held in conformance with all Village, county, state and federal laws. In the event any food service is provided, the applicant shall be responsible to assure that the vendor is properly licensed by the Suffolk County Department of Health Services and that any and all approvals, if required, are obtained by the vendor for the assembly. By way of example and not by way of limitation, the following Village permits shall be obtained where required:
Permit from Fire Inspector. A permit shall be obtained from the Village Fire Inspector for the erection of a tent, display of pyrotechnics or the setting of an outdoor fire pursuant to Chapter 205 of this Code.
Every application for a special event permit pursuant to this article shall include a certificate of insurance that evidences a public liability insurance policy covering the Village as an additional insured in the minimum amount of the $1,000,000 per occurrence for the duration of the special event. The applicant shall also submit an indemnification agreement that states that the applicant agrees to assume all liability for and will indemnify and hold the Village harmless of and free from any and all damages that occur to persons or property by reason of said special event.
The permit holder shall be required to have the permit available for inspection by the Village Police Department, or its designees, at the site of the special event for the duration of the permit period.
Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the penalties provided in § 1-1 of the Code of the Village of Patchogue.