[HISTORY: Adopted by the Town Board of the
Town of Southampton 5-23-1997 by L.L. No. 12-1997; amended in its entirety 7-11-2023 by L.L. No. 23-2023. Subsequent amendments noted where applicable.]
Unless otherwise expressly stated, the following terms shall,
for the purposes of this chapter, have the meanings set forth below:
An organization as defined in New York State Executive Law
§ 171-a, including but not limited to not-for-profit corporations,
any benevolent, philanthropic, patriotic, or eleemosynary person,
or one purporting to be such, or law enforcement support organization.
Such charitable organizations shall be recognized as exempt from federal
taxation under Internal Revenue Code § 501(c)(3), may 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 Town of Southampton. This definition shall
also include community organizations such as public and private schools,
parent-teacher associations, school district booster clubs, volunteer
fire companies, volunteer ambulance companies, civic associations,
hospitals, ocean rescue volunteer organizations, and similarly situated
volunteer organizations. Such charitable organization/s shall be identified
within a charitable support agreement to be submitted with all applications.
The Chief Fire Marshal of the Town of Southampton, or designee.
The Chief of Police of the Town of Southampton, or designee.
Any assembly or similar gathering held for the 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, which shall include conduct the sole or principal object of which is the expression, dissemination or communication of opinion, views, or ideas and for which no fee or donation is charged or required as a condition of participation in or attendance at such assembly. It includes, by way of illustration and without limitation, press conferences, speeches, protests, and demonstrations.
A walk, run, march, or similar gathering (including, but
not limited to, a marathon or bicycle race), regardless if any fee
or donation is charged or required as a condition of participation
in or attendance at, where the activity on any Town highway, public
street, right-of-way, sidewalk or in any other public place is impacted
in a manner which disrupts the normal or usual traffic patterns, regulations
or controls, as determined by the Chief of Police.
A permit for a parade issued under this chapter.
Any individual, firm, partnership, association, corporation,
company or organization of any kind, including a charitable, religious,
membership, hospital or not-for-profit corporation.
A commission consisting of five members. The Town Board shall appoint members of the Public Safety Commission and their terms by resolution, as provided for in Town Code Chapter 19. The duties of this commission shall include holding public hearings to consider appeals based upon the denial of a permit application under this chapter. In addition, the Public Safety Commission shall, at a minimum of once per year, review all of the special events and recommend changes to policies and procedures and to this chapter.
Any social occasion or activity occurring on public or private property having more than 100 persons in attendance per day or expanding the occupancy of a building beyond the assembly limitations of the public assembly permit for such site, that is distinct from such property's primary use as per the public assembly permit, site plan specifications and/or certificate of occupancy. Events require a special event permit when they are open to the public, with or without an admission, invitation fee, a sponsorship, or requested donation, and held on a one-time or occasional basis, including, but not limited to, carnivals, festivals, circuses, fairs, bazaars, markets, car shows, cultural events, art displays, agricultural events, picnics, outdoor shows, horse shows, sporting events, exhibitions, home tours, garden tours, and concerts. A special event shall include any social occasion or activity occurring on public or private property, that is open to the public, that is advertised in advance utilizing any media, including but not limited to a newspaper, magazine, flyer, handbill, mailed circular, bulletin board, sign, mass email, social media platform, or website. Except as limited by applicable law, a special event is not subject to express time limitations under the terms of this chapter and may occur over several days with or without interruption. Exemptions are as provided for in § 283-2A(3) below.
A permit for a special event issued under this chapter.
The Town of Southampton.
The Town Board of the Town of Southampton.
The Town Clerk of the Town of Southampton, or designee.
The Public Safety and Emergency Management Administrator
of the Town of Southampton, or designee.
A device that is intended to navigate in the air without
an onboard pilot; or an aircraft that is operated without the possibility
of human intervention from within or on the aircraft. Unmanned aircraft
are also referred to as "drones."
An unmanned aircraft and associated elements (including communications
links and the components that control the unmanned aircraft) that
are required for the pilot in command to operate safely and efficiently
in the national airspace system.
The display and sale to the public of previously owned or
used personal property from a residential property that is owned or
controlled by the person holding the sale. The term "yard sale" does
not include the mere incidental sale of one or two items of personal
property when such sale is not part of a general sale of a number
of items of personal property. For purposes of this chapter, "yard
sale" includes, but is not limited to, garage sales, lawn sales, attic
sales, tag sales, and rummage sales.
A.
Written permit required.
(1)
No owner, lessee or any other person claiming any right or interest in property within the Town of Southampton shall cause, permit or allow any such property to be used for a special event, as defined by § 283-1, over the duration of the event unless, pursuant to an application therefor [as provided in Subsections B(1) and C(1) below], a written special event permit has been issued by the Chief Fire Marshal or Town Code Compliance and Emergency Management Administrator.
(2)
No person shall organize or conduct any parade, as defined by § 283-1, upon any Town highway, public street, right-of-way, sidewalk or in any other public place in the Town unless, pursuant to an application therefor [as provided in Subsections B(2) and C(2) below], a written parade permit has been issued by the Chief of Police.
(3)
Exemptions. The following activities are exempt from the written
permit requirement above:
(a)
Events sponsored and conducted by the Town;
(b)
Regular sporting events or tournaments;
(c)
A wedding of a property owner, a member of the property owner's family, or a tenant legally occupying the property pursuant to a written lease agreement establishing tenancy for not less than six consecutive months, provided such tenancy is permitted by the certificate of occupancy and/or a permit issued under Chapter 270 of the Town Code;
(d)
A funeral of a property owner, a member of the property owner's family, or a tenant legally occupying the property pursuant to the certificate of occupancy and/or a permit issued under Chapter 270 of the Town Code;
(e)
A family reunion, graduation party, or a similar family assemblage limited to the invited guests, in reasonable number, of a property owner, a member of the property owner's family, or a tenant legally occupying the property pursuant to the certificate of occupancy and/or a permit issued under Chapter 270 of the Town Code;
(f)
Any student assemblage at a school licensed to operate by the
State of New York and chartered by the New York State Board of Regents.
(g)
An event for the purpose of expressive activity, as defined by § 283-1, provided that the organizers thereof give written notice to the office of the Fire Marshal at least 48 hours prior to such event if more than 50 persons are expected to attend. Such written notice shall contain the name, address, and contact information of the person or organization seeking to conduct the event; the location, date, and time of the event; the route to be traveled, if applicable; and the approximate number of persons who will be attending or participating in the event. The Town may impose reasonable time, place and manner restrictions on said events whether or not said activities are governed by the permit requirements set forth in this chapter.
(h)
A yard sale, as defined by § 283-1, if all of the following requirements are met:
[1]
The yard sale is carried on wholly within the property line
which a dwelling unit is located.
[2]
No new merchandise is offered for sale nor is merchandise from
other sources brought in and offered for sale, including but not limited
to a consignment arrangement.
[3]
The yard sale operates for no more than three consecutive days
on a single property.
[4]
The yard sale is limited to no more than 12 days within a calendar
year, with no more than six days between Memorial Day and Labor Day,
on a single property.
[5]
The yard sale and related activities are limited to the hours
between 7:00 a.m. and 6:00 p.m.
B.
Application time frames.
(1)
Mandatory time frames. Applications for special event permits shall
be on the form available from the office of the Fire Marshal, shall
contain all of the required information and material, and shall be
filed with the office of the Fire Marshal at least 90 days' prior
to the date the proposed special event will begin.
(2)
Applications for a permit authorizing a parade within the Town shall
be on the form available from the office of the Fire Marshal, shall
contain all of the required information and material, and shall be
filed with the office of the Fire Marshal at least 90 days' prior
to the date of the proposed parade.
(3)
Applications received less than 90 days' prior to the date that
the proposed special event will begin may be subject to denial or
a late fee as established within this chapter.
C.
Information and material to be submitted with completed application.
(1)
As set forth therein, all applications for a special event permit
shall include information and materials regarding the identity of
the applicant, the nature of the event, the location of the property
and any restrictions on the use thereof, including copies of site
plans, parking plans, fire evacuation plans, proposed and existing
structures, disposal of refuse, sanitary waste and sewage, water,
parking, pedestrian and vehicular access, sound, music, lighting,
security, fire protection, medical and handicap facilities, tents,
signs, generators, inspection, charitable events, use of Town facilities,
including alcoholic consumption thereon, and any additional information
the Town deems relevant, all as may be amended or modified from time
to time. Additional materials may be requested by the Fire Marshal,
Chief of Police, and/or the Town Code and Emergency Management Administrator.
(2)
As set forth therein, all applications for a parade permit shall
include information and materials regarding the identity of the applicant,
the nature of the parade, the specific proposed site or route, including
a map and written narrative of the route, and any additional information
the Town deems relevant, all as may be amended or modified from time
to time. Additional materials may be requested by the Fire Marshal,
Chief of Police, and/or the Town Code and Emergency Management Administrator.
D.
Rejection by Town. The Fire Marshal, Chief of Police and/or Public
Safety and Emergency Management Administrator shall have the authority
to reject any application that the Town finds incomplete.
A.
Liability insurance. Prior to the issuance of a special event permit
or a parade permit and subject to review by the Town Attorney's
office, the applicant shall furnish the Town with a comprehensive
liability insurance policy, insuring the applicant and/or property
owner against liability for damage to persons or property, with limits
as established by resolution of the Town Board, which policy shall
name the Town as an additional insured and shall not be cancelable
without at least 30 days' prior written notice to the Town. Additional
comprehensive liability insurance policies, naming the Town as an
additional insured, may be required.
B.
Cost reimbursement. Where the expected number of persons or the duration
of the special event or parade may impact the health, safety and welfare
of the public, as a condition to granting the special event or parade
permit, the Chief Fire Marshal, Public Safety and Emergency Management
Administrator, and/or Chief of Police may require the applicant to
reimburse the Town for the costs of increased police protection, public
safety oversight, and public works facilitation, including any additional
equipment, as may be deemed necessary by the Chief Fire Marshal, Public
Safety and Emergency Management Administrator, and/or Chief of Police
to adequately and safely control and protect the persons attending
the event, the event area and traffic in and around the event area.
Such costs shall also include all necessary staffing and shall be
provided to the applicant prior to the issuance of the permit. This
section may not apply to any special event or parade, open to the
public, that is free of charge, as determined by resolution of the
Town Board. A request for a cost reimbursement waiver shall be made,
in writing, by the applicant to the Town Board and filed with the
office of the Fire Marshal upon receipt of the costs from the Chief
Fire Marshal, Town Code and Emergency Management Administrator, and/or
Chief of Police.
C.
Security instrument. The Chief Fire Marshal, Town Code and Emergency
Management Administrator, and/or Chief of Police may require the applicant
to provide a letter of credit, bond or other suitable security instrument
to secure compliance with conditions in the special event or parade
permit and to ensure adequate cleanup of the property after the event.
No special event or parade permit shall be issued until the security
has been provided to the Fire Marshal. If the applicant fails to honor
the permit conditions or to adequately clean up the property following
the event, the Town may use such portion of the security as is required
to remedy the situation.
D.
Permit available on property. The special event or parade permit
issued hereunder shall be kept on the property or with the event organizer/on-site
responsible individual during the event and shall be presented for
inspection by any enforcement officer or other duly authorized official
or employee of the Town of Southampton upon request of such official
or employee.
E.
Compliance with minimum zoning setbacks. Where concerns exist regarding health, safety and welfare, the Chief Fire Marshal or Town Code Compliance and Emergency Management Administrator may require the special event, including any temporary structures or equipment erected in connection therewith, to comply with all applicable minimum zoning setbacks pursuant to Chapter 330 of the Town Code of the Town of Southampton. The Town may also, in its discretion, require a buffer zone at a distance greater than the minimum zoning setbacks.
F.
Additional requirements. The Town may condition the benefit conferred
by a special event or parade permit upon such other additional requirements
it deems necessary to ensure compliance with this chapter and for
the general protection of the health, safety and welfare of persons
and property in the Town.
G.
Verification of payment. An applicant that is not a charitable organization
shall have 90 days after the date of the event to submit verification,
in the form of a canceled check, to the Fire Marshal's office,
or such longer period as may be approved by said Chief Fire Marshal
or Town Code Compliance and Emergency Management Administrator, that
demonstrates that the proceeds payable to the charitable organization
listed on the application have in fact been paid.
H.
Notification of adjoining property owners in residential zoning districts.
Upon filing an application for a special event, if the property which
is the subject of the application is within a residential zoning district,
the Chief Fire Marshal, Chief of Police, or Town Code Compliance and
Emergency Management Administrator may require the applicant to mail,
by certified mail, return receipt requested, written notice that a
special event application has been filed with the Town to every property
owner, as shown on the current Town of Southampton assessment rolls,
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. Said notice shall include the date, time, and
location of the proposed special event, and proof of mailing shall
be submitted to the Chief Fire Marshal in the form of an affidavit,
with postal receipts annexed, in order to constitute a complete application.
I.
Security precautions. For all special events or parades anticipating
attendance in excess of 250 persons, the applicant must submit to
the Chief of Police a detailed security plan, in a form acceptable
to the Chief of Police, outlining potential security threats affecting
the event or parade and plans to mitigate the same. The Chief of Police
must approve the security plans in order for the special event or
parade permit to be issued.
A.
Review of application. All applications for a special event permit
shall be reviewed by the Chief of Police, Town Code Compliance and
Emergency Management Administrator, the Chief Fire Marshal and the
Town Planning and Development Administrator. All applications for
a parade permit shall be reviewed by the Chief of Police. Authorization
of the Town Board shall be required if any Town highway or street
is to be closed for a parade. The Chief Fire Marshal, Town Code Compliance
and Emergency Management Administrator, or Chief of Police may request
an advisory report from the Planning Board, the Board of Trustees
of the Freeholders and Commonalty of the Town of Southampton or from
any other Town department or advisory board whose expertise and evaluation
may be appropriate.
B.
Issuance of permit. The Town Code Compliance and Emergency Management
Administrator, Chief Fire Marshal or Chief of Police shall approve
or deny a permit application within 30 business days from the submission
of a complete application. In determining whether or not to issue
a special event or parade permit, the Chief Fire Marshal, Town Code
Compliance and Emergency Management Administrator, or Chief of Police
shall consider the information provided in the permit application
together with all other available information, including but not limited
to those factors illustrated below:
(1)
The size of the property in relation to the number of persons expected
to attend the gathering.
(2)
The sufficiency of arrangements made by the applicant to control
traffic, parking, noise, lighting and refuse, including the impact
of the event on the safe and orderly movement of traffic within and
contiguous to the event, and the adequacy of emergency plans, including
but not limited to a first aid plan and a fire safety plan.
(3)
Possible conflicts with other events and seasonal demands which may
overtax or cause an undue burden on Town services. For a parade, it
shall be considered if the parade occurs within 30 calendar days of
another parade during the period of Memorial Day to Labor Day.
(4)
Impact of the special event on the general health, safety and welfare
of the Town.
(5)
Verification that there are no outstanding violations on the property
at which the special event will be held or any outstanding or unsatisfied
conditions imposed by the Planning Board or Zoning Board of Appeals,
or any other Town agency or the department, on such property or any
other property owned or leased by the applicant.
(6)
The accuracy and completeness of the information contained in the
application.
(7)
Verification that there are no restrictions imposed on the property
that would preclude or otherwise limit such uses or activities as
proposed in the special event application, including the following:
(a)
Requirements and conditions related to a subdivision, site plan
or special exception approval by the Planning Board.
(b)
Requirements and conditions related to an action of the Town
Board, Board of Trustees, Zoning Board of Appeals or Conservation
Board pursuant to the Town Code.
(c)
Requirements or restrictions contained in any covenants, easements,
indentures or other such protective legal instruments.
(8)
The frequency of the special event and whether it constitutes a use
of the property compatible with its character or that of the surrounding
area.
C.
Reasons for denial of a permit. A permit application may be denied
by the Town Code Compliance and Emergency Management Administrator,
Chief Fire Marshal or Chief of Police in relation to any of the factors
illustrated above, as well as any reason illustrated below:
(1)
It is determined that there are inadequate Town resources available
to ensure public health, safety, and welfare at the event.
(2)
The event will disturb the public peace and good order of the Town
or adversely affect the use and enjoyment of adjoining properties
or the conduct of the event will not be consistent with or will jeopardize
the health, safety, or welfare of neighboring residents and/or the
Town at large.
(3)
The event has been subject to a violation or has had any adverse
impacts on the surrounding property in the Town within the last three
years and a mitigation plan has not been approved.
(4)
The event does not provide for sufficient services or facilities
(including but not limited to parking and first aid or emergency medical
services) that are reasonably necessary to ensure that the event will
be conducted with due regard for public health and the safety of participants
and/or attendees.
(5)
The event may create a high probability of disorderly conduct likely
to endanger public safety or to result in significant property damage.
(6)
There are materially false statements or omitted relevant information
in the application.
(7)
The applicant has failed to conduct a previously permitted event
in accordance with the law or the terms of a permit, or both.
(8)
The applicant has not obtained the approval of any other Town or
public agency within whose jurisdiction the event or portion thereof
will occur.
D.
Site capacity. If permission to hold a special event is granted,
the permit shall set forth the maximum number of persons permitted
to attend the event. The Chief Fire Marshal, in determining the maximum
limit, shall take into consideration the capacity of the site, the
facilities at the site and the availability of public highway and
other means of transportation to and from the site. The applicant
shall limit all ticket sales or invitations to such maximum number
and shall include such limitations in all advertising.
E.
Nontransferable. A special event or parade permit is not transferable
and shall expire at the designated time for the close of the event
for which it is issued.
F.
Terms and conditions of permit. The issuance of a permit pursuant
to this chapter shall be deemed an approval of the application and
shall require the applicant to undertake all actions proposed in the
application for the control of traffic, parking, noise, lighting,
refuse and the like. The special event or parade shall be subject
to any other terms or conditions imposed in the permit or in any permit
obtained from other applicable Town departments. All parades shall
take place only on the date(s) and upon the street(s) or route as
specified in the permit.
G.
Privilege. The granting of a special event or parade permit is a
privilege and not a right and may be denied in the event the applicant
fails to comply with any applicable provision of this chapter or for
any other reason not prohibited by law.
The application for a permit shall be accompanied by an application
fee and/or a late application fee in the amount(s) established by
resolution of the Town Board from time to time and paid by the applicant
to the Fire Marshal's office. The Fire Marshal shall deposit
application fees and late application fees into the general fund.
Any contribution to the Town made part of an application's approval
shall be accepted by the Fire Marshal and deposited into a designated
fund. Application fees may be waived at any time by and at the discretion
of the Town Board. Late fees and amendment fees may be waived by the
Town Code Compliance and Emergency Management Administrator upon a
finding of good cause shown.
A.
Prohibited events. No permit shall be issued authorizing a special
event nor shall any such event be held within the Town:
(1)
Where such event is largely for private profit and lacks a substantial
donation or contribution to a charitable organization as defined herein.
(2)
Where the principal purpose is to advertise any product, goods, wares
or merchandise, except for farmers' markets engaged in the sale
of local produce, baked goods and other local food products.
(3)
Where the event consists primarily of the outdoor sale of goods or
services, such as a crafts fair, open-air bazaar, flea market or similar
event, unless the premises on which the special event takes place
is owned by a municipality or by a duly qualified charitable organization
or not-for-profit corporation organized and existing under the laws
of New York State or another state.
(4)
Where the property is the subject of any outstanding violations or
any outstanding unsatisfied conditions set forth in any Town or other
governmental approvals, including any conditions related to the Planning
Board, Zoning Board of Appeals or Conservation Board.
(5)
Where any structure on the property does not have a valid certificate
of occupancy and/or a certificate of compliance, if applicable.
(6)
Where the proposed event includes carnival rides on a lot in a residential
zoning district, unless the parcel is in municipal ownership, or is
immediately adjacent to a state or county road or to property owned
by the Long Island Rail Road.
(7)
Where exterior lighting at the event uses search lights, strobe lights,
laser lights or revolving lights.
(8)
Where such event does not provide a benefit to one or more local
charitable organizations.
B.
Restricted special events. The issuance of special event permits in the following zoning districts shall be restricted as follows, unless the parcel is split-zoned, in which case the requirements as stated under § 283-6B(2) shall apply.
(1)
Residential zoning districts.
(a)
Except as discussed in § 283-6B(1)(b) below, no more than two special event permits may be issued per calendar year for an individual property that is within a residential zoning district.
(b)
A third special event permit may be issued per calendar year for an individual property that is within a residential zoning district, provided the applicant for the third special event permit is a charitable organization, as defined in § 283-1 of this Code, and the primary purpose of the event is to benefit the applicant. Under no circumstances shall more than three special event permits be issued per calendar year for an individual property that is within a residential zoning district.
(2)
All other zoning districts.
(a)
Special events shall be limited to three per calendar year,
only one of which may be held at night.
(3)
Those properties owned entirely by educational institutions (chartered
by the New York State Board of Regents and/or licensed by the New
York State Department of Social Services); museums; emergency medical
service organizations; fire departments or fire districts; or nonprofit
civic, fraternal, historical (chartered by the New York State Board
of Regents), veteran or patriotic organizations are exempt from the
restrictions contained in this section.
(4)
Two or more distinct events shall not operate under the same special
event permit and, if occupying the same individual property simultaneously,
shall be counted as two or more events for the purpose of this section.
In assessing whether or not two or more events are occurring simultaneously,
the Chief Fire Marshal and/or the Town Code Compliance and Emergency
Management Administrator shall consider all appropriate factors, including,
but not limited to, the stated purpose of each event, the past history
of the event(s), the separate or combined nature of event financials,
the separate or combined nature of the event guest list, sponsorship,
advertisement, etc.
A.
Tents. After the permit is issued, no temporary structures, including
tents, shall be erected more than 14 days' prior to the date
of the permitted event, and all such structures shall be removed within
seven days following the termination of the permitted event, unless
otherwise authorized by the Chief Fire Marshal. At no time shall a
single permitted event erect such structures for a period exceeding
a total of 28 days, including those days' prior to and after
the event, unless otherwise authorized by the Chief Fire Marshal.
In no event shall any such structure or tent be used at any time for
any purpose other than at the time and for the purpose of the permitted
event. Any violation of such agreement shall be deemed a violation
of this chapter by the owner, lessee and/or other applicant. Applicants
for special events of regional significance may apply to the Town
Board for a waiver of this time frame and, upon showing good cause
by the applicant, the Town Board may waive this time frame and allow
for an extended time frame by Town Board resolution. Requests for
waivers must be filed with the Town Board at least 45 days' prior
to the scheduled event.
B.
Use of Town facilities.
(1)
Any special event proposed to be held in a Town building or on Town grounds, including parks and beaches, shall require an additional application for a facility use permit pursuant to Town Code § 111-3D. If and when both a facility use permit and a special event permit are required, the validity of the facility use permit is contingent upon issuance of the special event permit.
(2)
The proposed use of intoxicating beverages for any special event occurring on Town property requires approval pursuant to Town Code § 111-3D(11).
C.
Signs.
(1)
For the purposes of this section, the term "sign" shall have the
meaning ascribed to it in Article XXII of this Code. The type, size,
number, location and other particulars of any such sign shall be disclosed
and shall be subject to approval by the Town Code Compliance and Emergency
Management Administrator, Chief Fire Marshal and/or Chief of Police.
All signs which obstruct visibility or create a hazard to traffic
are prohibited. Any sign improperly installed or erected without prior
approval may be removed and disposed of without any notification to
the applicant.
(2)
If any type of sign is to be displayed on or across a county or state
road, the applicant shall include the size, number, location and other
particulars of the sign or banner and the dates that it will be displayed
and shall submit approvals from the appropriate county and state agencies.
(3)
All special event signs shall be erected no more than 14 days'
prior and must be removed within three days after the proposed event.
D.
Animals. If the event proposes to involve animals, the application shall state the approximate number and types of animals, the number and types of vehicles used to transport and/or house the animals, the storage and provisions for disposal of all animal wastes and if the applicant has obtained a permit as required by Town Code § 150-9.
A.
Once a special event or parade permit has been issued, any proposed
amendment or modification to the event application shall be filed
with the Fire Marshal at least 15 days' prior to the event if
any of the conditions have changed. Such changes may include, but
are not limited to, the date of the event, the location or route of
the event, the number of attendees, or the addition of tents, alcohol,
or fireworks.
(1)
All changes in conditions necessitating the amendment will be accompanied
by the appropriate certificates or permits.
(2)
The Town Code Compliance and Emergency Management Administrator,
Chief Fire Marshal and/or Chief of Police shall review the proposed
amendment and shall have the discretion to rescind or modify the permit
due to changed conditions.
B.
If, after a special event or parade permit is issued, the Town Code
Compliance and Emergency Management Administrator, Chief Fire Marshal
and/or Chief of Police determines that any of the representations
and/or statements contained in the application or any of the conditions
or requirements of the permit or this chapter have not been met, the
Chief Fire Marshal and/or Chief of Police may immediately rescind
or modify such permit or terminate such event.
C.
If any conditions are not met at the special event or parade, the
Town Code Compliance and Emergency Management Administrator, Chief
of Police or Chief Fire Marshal may terminate the event or may suspend
the event until such conditions are met and may authorize his personnel
to take all necessary steps to effectuate his determinations.
D.
If conditions exist that endanger the health, safety or welfare of
those in attendance, the Town Code Compliance and Emergency Management
Administrator, Chief of Police or Chief Fire Marshal may terminate
the event or may suspend the event until such danger is corrected
and may authorize his personnel to take all necessary steps to effectuate
his determinations.
A.
If the Town Code Compliance and Emergency Management Administrator,
Chief Fire Marshal or Chief of Police denies an application for a
special event or parade permit or rescinds a permit, written notice
of such denial or rescission, and the reason or reasons for such determination,
shall be mailed by the Town Code Compliance and Emergency Management
Administrator, Chief Fire Marshal or Chief of Police by certified
mail, return receipt requested, to the applicant at the address provided
in the application. A copy of the notice of denial or rescission shall
be filed with the office of the Fire Marshal and forwarded to all
involved Town departments.
B.
The denial of a permit application or the rescission of a permit may be appealed to the Public Safety Commission pursuant to this chapter and Town Code Chapter 19. All requests for an appeal hearing shall be made in writing and shall be filed with the Fire Marshal within 10 days from the date of receipt of the written denial or rescission notification. Such request for an appeal shall set forth the grounds for the appeal and shall be accompanied by the appeal fee in the amount(s) established by resolution of the Town Board, which may be amended from time to time.
C.
The Public Safety Commission shall conduct a public hearing or hearings
with respect to any appeal. The Public Safety Commission shall fix
a time and place for such hearing and shall provide for the giving
of notice at least 10 days' prior to the date of the hearing
as follows:
(1)
By publishing a notice in the official newspaper.
(2)
By requiring the applicant to erect a white-and-black-lettering sign
or signs measuring not less than two feet long and one foot wide,
which shall be prominently displayed on the premises facing each public
street on which the property abuts, giving notice that an application
for a special event permit is pending and the date, time and place
where the public hearing will be held. The sign shall not be set back
more than 10 feet from the street line and shall not be less than
two feet nor more than six feet above the grade at the street line.
The sign shall be made of durable material and shall be furnished
by the Fire Marshal's office. It shall be displayed for a period
of not less than 10 days immediately preceding the public hearing
date. No additional posting shall be required for any adjournment
date. The applicant shall file an affidavit stating that there has
been compliance with the provisions of this section.
(3)
If the land involved in an application is within 500 feet of the
boundary of any other municipality, notice of the public hearing shall
also be mailed to the municipal clerk of such other municipality by
the applicant.
(4)
By requiring the applicant to mail written notice of the date, time
and place of the hearing, together with a copy of the application,
by certified mail, return receipt requested, to every property owner,
as shown on the current Town of Southampton assessment rolls, 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, proof of which shall be submitted to the Public Safety
Commission on or before the commencement of the public hearing in
the form of an affidavit with postal receipts annexed to it, confirming
mailing of the notices at least 10 days' prior to the hearing
date.
D.
At the public hearing, the Public Safety Commission shall give the
appealing party and any other interested party a reasonable opportunity
to be heard in order to show cause why the determination of the Town
Code Compliance and Emergency Management Administrator, Chief Fire
Marshal or Chief of Police should not be upheld. The applicant shall
provide any relevant information in response to that set forth in
the written notice of denial or rescission. A written report and/or
testimony from the Town Code Compliance and Emergency Management Administrator,
Chief Fire Marshal or Chief of Police, detailing the reason or reasons
for denial or rescission, shall be made part of the public hearing's
record.
E.
In determining the appeal, the Public Safety Commission shall consider
all of the information provided at the hearing with all other available
information, including but not limited to those factors illustrated
below:
(1)
The size and type of event;
(2)
The duration of the event;
(3)
The potential impacts on Town resources, the public health, safety
and welfare, the surrounding community and the Town as a whole, noise,
traffic, aesthetics, and the character of the area.
(4)
The applicant's written offer to provide a benefit to one or
more local charitable organizations.
(5)
The sufficiency of services or facilities (including but not limited
to a parking plan, a first aid plan, and a fire safety plan) that
are reasonably necessary to ensure that the event will be conducted
with due regard for public health and the safety of participants and/or
attendees.
F.
The Public Safety Commission may sustain the determination of the
Town Code Compliance and Emergency Management Administrator, Chief
Fire Marshal or Chief of Police to deny or rescind a permit, or may
reverse the determination, with or without additional conditions.
A resolution of a majority vote of the Public Safety Commission is
required for any such action. The Public Safety Commission shall render
its findings, in writing, no later than 10 days from the close of
the public hearing. The Public Safety Commission shall notify the
applicant of its determination by certified mail, return receipt requested,
to the address provided in the application, within five days after
such determination. A copy of the determination shall be filed with
the office of Town Clerk and forwarded to all involved Town departments.
G.
The decision of the Public Safety Commission shall be final and shall
constitute the exhaustion of the applicant's administrative remedy.
A.
Any person who shall cause, permit or allow property to be used for a special event without having a written special event permit in accordance with the provisions of this chapter shall be guilty of a violation of this chapter. Any person who shall organize or conduct any parade upon any Town highway, public street, right-of-way, sidewalk or in any other public place in the Town without having a written parade permit in accordance with the provisions of this chapter shall be guilty of a violation of this chapter. In addition to any fines imposed, anyone convicted pursuant to this section shall be required to pay a mandatory blight mitigation surcharge of $100. The blight mitigation surcharge shall be paid to the clerk of the court or administrative tribunal that rendered the conviction. Within the first 10 days of the month following collection of the mandatory surcharge, the collecting authority shall then pay such money to the Town Comptroller, who shall deposit such money in accordance with the provisions of § 8-6.1A of the Code.
B.
A violation of any of the provisions of this chapter or of Town conditions,
approvals or restrictions issued hereunder shall be a misdemeanor
and shall be punishable as follows:
(1)
For a violation of § 283-3G: by imprisonment not to exceed 15 days and/or a fine of not more than $1,000;
(2)
For all sections of this chapter other than § 283-3G: by imprisonment not to exceed one year and/or a fine of not more than $3,000;
(3)
For a second or subsequent violation of any section of this chapter
within one year or any third or more violation at any time: by imprisonment
not to exceed one year and/or a fine of not less than $7,500 nor more
than $15,000.
C.
A separate offense against this chapter shall be deemed committed
on each day during or on which a violation occurred or continues.
A separate penalty may be imposed for each separate offense.
D.
Cost recovery for unlawful event. Whenever a special event or parade
is conducted without a permit when one is required or an event is
conducted in violation of the terms of an issued permit, the applicant
shall be responsible for all Town costs incurred. The Town Code Compliance
and Emergency Management Administrator, Chief of Police and/or Chief
Fire Marshal shall charge and bill the applicant for personnel and
equipment in any public safety response caused by or necessitated
by the adverse impacts of the event or the violation of the permit.
A.
Notwithstanding anything to the contrary set forth in this chapter,
the Town Board may waive or modify any of the requirements set forth
herein.
B.
The applicant and property owner shall execute a written agreement
as part of a permit application to indemnify and hold harmless the
Town of Southampton and its officers, employees, and agents from any
loss, liability, damage, or cost sustained by any person or property
to the extent any such loss, liability, damage, or cost a rises from
any activity associated with the special event or parade.
The provisions of this chapter are not exclusive, and applicants must have and remain subject to all other applicable permits as may be required, including but not limited to approvals for signs, tents and fireworks and any further permits as may be required for animal shows, carnivals, circuses and similar events. Further, nothing contained in § 330-162.1 of the Town Code shall relieve applicants from complying with all of the applicable provisions hereunder.
A.
It shall be unlawful for any person to take off, land or operate
an unmanned aircraft or unmanned aircraft system within two miles
of and within two hours before or after a special event conducted
pursuant to a permit issued under this chapter.
B.
Exceptions; express written permission required. The takeoff, landing
or operation of an unmanned aircraft or unmanned aircraft system as
proscribed herein may be permitted pursuant to written permission
issued by the Chief of Police, or designee, of the Town of Southampton.
This permission, when issued, will be subject to all applicable regulations
of the Federal Aviation Administration.
