Assemblies, gatherings 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 local roadways 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 municipal and police services. In an effort
to provide for the well-being of the Village and its residents, the
Village Board establishes herein a procedure whereby the Village can
be informed in advance of events and can assure that such 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 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 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 basis, including, but not limited
to, weddings, family reunions, parties, fundraisers, fairs, bazaars,
outdoor shows, and concerts, and, if held on a commercial property
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 any site plan approval and/or certificate of occupancy
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.
COMMERCIAL PROPERTY
Property containing a legally nonconforming business use
and any vacant or improved parcel other than one upon which the principal
use is a single-family residence.
DESIGNATED AGENT
A person, residing within the County of Nassau, who is designated
by an applicant for an assembly to accept service of process from
the Village of Hewlett Neck for any violation of this chapter or any
other chapter set forth in the Village Code which relates to or arises
out of an 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.
PARADE/MARCH
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 roadway, 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.
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 chapter.
Special event permits shall be of four categories:
B.
COMMERCIAL SPECIAL EVENT PERMITA permit for an assembly upon a property which is zoned residential, multifamily, or other noncommercial use but actually used for a commercial business as a legally preexisting, nonconforming business, 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)
The use of outdoor areas of the premises for business purposes,
and such use is not included in the customary and/or approved use
for the premises;
(4)
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;
(5)
The erection of a tent upon the premises;
(6)
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 special
event permit:
A. Events sponsored by the Village.
B. A student assemblage at any school chartered by New York State or
any event at a place of religious worship, in accordance with any
approvals issued for such use.
C. An assemblage for purposes of expressive activity, provided that
the organizers provide the Village Clerk with at least 48 hours'
advance notice if more than 25 persons are reasonably expected to
attend. The name, address, and contact information of the organizer,
the proposed location or route, and the date, time and duration of
the event shall be provided to the Village Clerk.
D. Gatherings for religious purposes held at facilities which are approved
for such purposes.
Any fee collected under this chapter shall be paid either by
money order or certified check made payable to the Village of Hewlett
Neck and shall be delivered to the Village Clerk.
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 chapter 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.
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 Nassau County Police
Department, the Building Inspector, the Fire Marshal, the Superintendent
of Highways, if any, of each permit issued pursuant to this chapter.
Issuance of a permit pursuant to this chapter does not relieve
the permit holder of its duty to comply with all other Village local
laws and regulations during the duration of the special event. In
addition to the permit required under this chapter, 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. If
any food service is provided, the applicant shall be responsible to
assure that the vendor is properly licensed by the Nassau County Health
Department 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:
A. Tent permit. A permit shall be obtained from the Village Building
Department for the erection of a tent, display of fireworks or the
setting of an outdoor fire.
B. Building permit. A building permit shall be obtained from the Building
Inspector for the erection of any building or other structure if such
permit is required by the Village Code, and such permit shall be subject
to compliance with the New York State Uniform Building and Fire Prevention
Code, including in relation to any cooling or warming of any outdoor
areas to be used for the proposed assembly.
Every application for a commercial, public property, and parade/march
special event permit pursuant to this chapter 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 Building Department and the Nassau County
Police Department, at the site of the special event for the duration
of the permit period.
The following assemblies are prohibited in the Village of Hewlett
Neck, and no permit shall be issued which would authorize these assemblies:
A. Circuses which include the use of any animals or animal acts.
B. Carnivals, festivals or similar events which include mechanical rides.
For the purposes of this section, the term "sign" shall have the meaning ascribed to it in §
195-24 of this Code. No signs visible from public property, including a public roadway or right-of-way, shall be permitted in conjunction with and/or bringing attention to or advertising the assembly.
Parking waivers seeking the temporary suspension of parking regulations that are requested in conjunction with a special events permit shall be governed by §
140-20.2 of this Code.
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 reimbursement of 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 reimbursement
of 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 reimbursement of any costs incurred by the Village as a result
of the violation(s).
D. For any conviction, a defendant shall be liable to pay restitution
of any expenses incurred by the Village, in enforcing the provisions
of this chapter, including legal fees.