[HISTORY: Adopted by the Town Board of the Town of Huntington 6-8-1993 by Ord. No. 93-CE-5.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Games of chance — See Ch. 115.
Parades and public assemblages — See Ch. 145.
Peddlers and solicitors — See Ch. 149.
[1]
Editor's Note: This ordinance also provided for the repeal of former Ch. 91, Carnivals, Circuses and Fairs, adopted 6-3-1969 as Ch. 11 of the 1969 Code, as amended.
[Amended 9-14-2021 by L.L. No. 55-2021]
It is the intent of the Town Board to regulate amusement events such as carnivals, circuses, fairs, and concerts, so as to preserve the public peace and good order and to assure the health, safety and welfare of the residents of the Town of Huntington and amusement event attendees surrounding the conduct of such amusement activities.
For the purpose of this chapter, the following terms shall have the meanings indicated:
AMUSEMENT COMPANY
A person or organization who, for profit, supplies, provides and/or leases amusement rides, pavilions, tents, games, stalls and/or other structures or equipment commonly used for an amusement event, and/or is retained by an applicant to organize, operate and/or manage the event.
[Added 7-1-2003 by L.L. No. 24-2003; amended 9-14-2021 by L.L. No. 55-2021]
AMUSEMENT EVENTS
An event whose purpose is to provide entertainment to the public, including, but not limited to carnivals, circuses, fairs and concerts.
[Amended 4-27-1999 by L.L. No. 10-1999; 8-15-2017 by L.L. No. 32-2017; 9-14-2021 by L.L. No. 55-2021]
AMUSEMENT RIDE
A manually operated or mechanically powered machine, apparatus or device which is used solely for amusement, and which is designed to propel or move a person through the air, along the ground or otherwise, and shall include a merry-go-round, and/or carousel and other similar machinery customarily associated with amusements or carnivals. For the purpose of § 91-4(A) of this chapter, the term "amusement ride" shall not include a slide, funhouse, pirate bounce (bounce house), rock wall, maze, or any other equipment involving a physical activity, challenge or competition performed or observed for amusement, entertainment or sales promotion, but these attractions shall be deemed amusement rides for all other purposes.
[Amended 9-27-2016 by L.L. No. 38-2016; 7-16-2019 by L.L. No. 31-2019]
CARNIVAL
An event at which various shows, exhibitions, amusement rides or contests take place.
[Amended 9-14-2021 by L.L. No. 55-2021]
CIRCUS
An exhibition or show in which nondomestic animals take part.
CONCERT
An outdoor musical performance open to the public, with or without admission fees, excluding the Huntington Arts Council's Huntington Summer Arts Festival.
[Added 9-14-2021 by L.L. No. 55-2021]
FAIR
An event, open to the public, at which its primary function or purpose is for the display or sale of goods by vendors. The word "fair" shall be deemed to include, but not be limited to, "bazaar" or "farmer's market." Events on property owned by a church or school are exempt from this definition.
[Amended 8-15-2017 by L.L. No. 32-2017; 9-14-2021 by L.L. No. 55-2021]
PERMIT
Due authorization in writing as provided herein which permits a person to operate a carnival, circus, fair or amusement event at a specified location.
[Amended 7-1-2003 by L.L. No. 24-2003]
(A) 
It shall be unlawful to operate and/or maintain an amusement event without first having secured a permit therefor from the Town Clerk and without Town Board approval where required pursuant to § 91-5 and § 91-6.
[Amended 7-16-2019 by L.L. No. 31-2019; 9-14-2021 by L.L. No. 55-2021]
(B) 
A permit may be issued for a term not to exceed six (6) days, without Town Board approval, and every permit so issued shall specify the exact term and period of time for which it shall be valid.
[Amended 7-16-2019 by L.L. No. 31-2019]
(C) 
No more than two (2) permits may be issued per person or organization for each calendar year, unless authorized by Town Board Resolution.
[Amended 8-15-2017 by L.L. No. 32-2017]
(D) 
No more than two (2) amusement events shall be permitted, per applicant, at the same location per calendar year, unless authorized by Town Board Resolution.
[Amended 8-15-2017 by L.L. No. 32-2017; 7-16-2019 by L.L. No. 31-2019]
(E) 
A permit issued as provided herein shall not be transferable. Any holder of such permit who allows it to be used by any other person or organization and any person or organization who uses such permit shall each be guilty of a violation of this chapter.
[Amended 9-14-2021 by L.L. No. 55-2021]
(F) 
A sound permit as per Chapter 141 of the Town Code is waived under this section.
[Added 8-15-2017 by L.L. No. 32-2017]
[Amended 7-1-2003 by L.L. No. 24-2003]
(A) 
No more than seventeen (17) amusement rides shall be operated, maintained and/or erected per amusement event.
[Amended 9-27-2016 by L.L. No. 38-2016; 12-17-2019 by L.L. No. 1-2020; 9-14-2021 by L.L. No. 55-2021]
(B) 
Each amusement ride shall be located at least ten (10) feet from the entranceway to the premises where the amusement event is being held, and shall be placed so that it does not obstruct or interfere with free and unfettered passage by patrons or users of the premises.
(C) 
Each amusement ride shall have an unobstructed distance of four (4) feet along the perimeter of three (3) linear borders of the ride, where patrons may use, watch or wait to use the ride. In order to prevent overcrowding and to assure safe passage by the general public, the unobstructed distance required by this section shall not be encroached upon by any structure; or be superimposed, in whole or in part, upon the distance required of any other amusement ride.
(D) 
All amusement events utilizing amusement rides permitted under this chapter must comply with New York State Department of Labor regulations. Notwithstanding the foregoing, in the discretion of the Town Clerk a permit may be refused or the number of rides reduced if an applicant, based upon a review of the site plan and upon the recommendation of the inspecting Town official, lacks sufficient open space when the amusement rides are in motion to effectuate the legislative intent of this chapter.
[Amended 12-17-2019 by L.L. No. 1-2020; 9-14-2021 by L.L. No. 55-2021]
[Amended 7-1-2003 by L.L. No. 24-2003]
(A) 
No permit shall be issued for the operation or maintenance of any carnival, circus, fair or amusement event upon land lying in a residential zoning district unless the principal use thereon is nonresidential and a permitted conforming use in the zoning district, or the Town Board shall first have adopted a resolution approving such use.
[Amended 7-16-2019 by L.L. No. 31-2019]
(B) 
No permit shall be issued if, in the judgment of the Town Board, the event will disturb the public peace and good order of the Town or unreasonably affect the use and enjoyment of adjoining properties or jeopardize the health, safety or welfare of neighboring residents and/or the community.
[Amended 7-1-2003 by L.L. No. 24-2003]
(A) 
No permit shall be issued for the operation of any circus under this chapter unless the Town Board shall first have adopted a resolution approving such use.
(B) 
No permit shall be issued if, in the judgment of the Town Board, the circus will disturb the public peace and good order of the Town or unreasonably affect the use and enjoyment of adjoining properties or jeopardize the health, safety or welfare of neighboring residents and/or the community.
[Amended 7-1-2003 by L.L. No. 24-2003]
In any case requiring approval of the Town Board, such approval may be granted subject to such conditions as the Town Board may deem necessary. Any permit issued after approval of the Town Board has been obtained shall bear on its face such conditions as the Town Board may have imposed.
[Amended 7-1-2003 by L.L. No. 24-2003]
(A) 
No sound equipment or public-address system shall be operated or used after 11:00 p.m. of the days for which the permit is issued and on Sunday after 9:00 p.m.
(B) 
No amusement ride and/or related equipment shall be operated on Sunday through Thursday after 11:00 p.m., and on Friday and Saturday after 12:00 midnight.
(C) 
Amusement events shall cease to operate and be closed to the public no later than 11:00 p.m. on Sunday through Thursday, and on Friday and Saturday by 12:00 midnight.
(D) 
In the event Sunday falls on the eve of a national holiday, the prohibitions in Subsections A, B and C shall apply as of 12:00 midnight Sunday.
[Amended 4-18-2000 by L.L. No. 10-2000; 7-1-2003 by L.L. No. 24-2003; 9-14-2004 by L.L. No. 28-2004; 8-15-2017 by L.L. No. 32-2017; 7-16-2019 by L.L. No. 31-2019; 9-14-2021 by L.L. No. 55-2021]
An application for an amusement event shall be fully completed and signed by the person, and/or organization seeking a permit and submitted with all necessary documents a minimum of thirty (30) days prior to an event on private property and a minimum of sixty (60) days prior to the event for an event on public property. A complete application shall include the following:
(A) 
Written proof that all necessary permits and/or approvals required by the Suffolk County Department of Health Services, New York State Department of Labor and any other governmental or regulatory agency having jurisdiction has been obtained.
(B) 
The applicant shall specify whether the number of attendees is expected to reach one thousand (1,000) or more. In the event the number of attendees is expected to reach five thousand (5,000) or more, same shall also be indicated on the application.
(C) 
The name, address and phone number of the applicant and of the amusement company, if one is being utilized. If an amusement company is being utilized, then a full and true copy of the contract and/or agreement entered into between the applicant and the amusement company. No portion of the financial aspects of the agreement filed with the Huntington Town Clerk shall be released to third parties in accordance with the provisions of Public Officers Law § 87(2)(d).
(D) 
A notarized statement signed by the property owner of the premises upon which the proposed event is to be held stating the nature, extent and duration of the amusement event and granting permission for the operation of the amusement event on such premises.
(E) 
A original and four (4) copies of an accurate site plan drawn to scale showing the location, dimensions and specifications of all stationary and/or temporary structures or enclosures, amusement rides, games of probability, tents and pavilions. The site plan shall include the dimensions of all amusement rides when in motion, the area to be occupied by the proposed amusement rides and the net amount of open space available when all amusement rides are in operation. All site plans shall set forth the dimensions of the parcel to be utilized for the event and the number of acres it comprises.
(F) 
A performance bond issued by a bonding company or surety company approved by the Town Clerk, or cash or check, in the sum of five hundred dollars ($500), so as to guarantee that the applicant will clean the area and substantially restore the same at the conclusion of the amusement event. If the applicant fails to clean and restore the amusement area, or if damage is done to public or private property as a result of said amusement event, the Town Clerk may apply the bond, cash or check to the cost of the cleanup or restoration and may recover from the owner of the premises where the amusement event took place and the applicant such additional costs as may be incurred.
(G) 
A certificate of insurance issued by an insurance company licensed to do business within the State of New York with limits and in a form acceptable to the Town Attorney.
(H) 
Lying, false statement, and/or omissions on an application is grounds for denial, suspension or revocation of a permit.
[Amended 7-16-2019 by L.L. No. 31-2019]
The Town Board may, from time to time, by Town Board Resolution, establish fees and charges for applications, issuances of permits and late fees under this Chapter. These fees shall include but not be limited to:
(A) 
Application fee. In addition to the requirements of § 91-9, a nonrefundable fee of five hundred dollars ($500.) shall be payable to the Town Clerk upon the filing of an application. An application fee will not be charged if the applicant is a religious, charitable, patriotic, or volunteer fire organization.
(B) 
Permit Fee. All events on Town property shall be subject to a permit fee. Permit fee to be determined by the Town Attorney based upon such use of Town property and payable to the Town Clerk prior to the issuance of such permit.
(C) 
Late Fee. A late application or applicant's failure to submit all required documents for an event fifteen (15) days prior to the date of the event shall be subject to a two hundred fifty dollars ($250.) late fee payable to the Town Clerk.
Any charitable organization, as defined and regulated by Article 7-A of the New York State Executive Law, filing an application to conduct an amusement event, in addition to satisfying the requirements of § 91-9 herein, shall include with each application proof of such organization's valid registration with the New York Secretary of State as a charitable organization.
All permits must be conspicuously displayed during the operation of said amusement event and be available for inspection by any person demanding such inspection.
[Amended 7-1-2003 by L.L. No. 24-2003; 9-27-2005 by L.L. No. 34-2005; 9-14-2021 by L.L. No. 55-2021]
Any violation of this chapter or of any other ordinance, law or statute in connection with the operation or maintenance of amusement events, or any violation of the conditions of the permit or a false statement or omission made in the application, shall be cause for immediate denial suspension or revocation of the permit by the Town Clerk. Notice of such denial, suspension or revocation and the reason or reasons for such determination shall be mailed by the Town Clerk by certified mail, return receipt requested, to the applicant at the address shown on the application. A copy of such notice of denial or suspension or revocation shall be filed in the Office of the Town Clerk. The applicant shall have ten (10) days from receipt thereof to submit a written request to the Town Clerk for an appeal hearing before the Huntington Town Board or a duly appointed hearing officer as set forth in § 91-14 (E). At such time the applicant may provide the Clerk with any relevant information in response to that set forth in the Clerk's notice of denial, suspension or revocation.
[Amended 7-1-2003 by L.L. No. 24-2003; 9-27-2005 by L.L. No. 34-2005]
(A) 
The Town Board or a duly appointed hearing officer as set forth in § 91-14(E) shall hear and determine all such appeals.
[Amended 9-14-2021 by L.L. No. 55-2021]
(B) 
All requests for an appeal hearing from a denial, suspension or revocation of a permit and/or license shall be in writing and shall be filed with the Huntington Town Clerk accompanied by the sum of two hundred fifty dollars ($250.) to cover the cost of the hearing and of processing the appeal. Notice of the appeal hearing shall be mailed to the applicant not more than five (5) days of the hearing date. An appeal hearing shall be scheduled not more than fifteen (15) days of the date of receipt of a request for an appeal.
[Amended 9-14-2021 by L.L. No. 55-2021]
(C) 
Conduct of hearings. At the hearing the applicant shall be entitled to be represented by legal counsel and provided with an opportunity to be heard. The applicant may present such competent and material testimony or other evidence in his own behalf as may be relevant to the subject matter of the hearing. All witnesses shall be sworn and examined under oath and all hearings shall be recorded.
(D) 
No permit shall be issued, and any outstanding permit may be suspended or revoked after a hearing, if the Town Board determines that such amusement event includes an activity which, in the judgment of the Town Board, will disturb the public peace and good order of the Town or adversely affect the use and enjoyment of adjoining properties in adjoining use districts or that the conduct of the function will not be consistent with or will jeopardize the health, safety or welfare of the residents of the Town of Huntington and/or the amusement event attendees.
[Amended 9-14-2021 by L.L. No. 55-2021]
(E) 
Town Board Action. Where the Town Board presides over the hearing it may sustain the determination of the Town Clerk to deny, suspend or revoke a permit which has been issued, or may reverse the determination, in whole or in part, with or without conditions. The Town Board shall consider the reasons for such denial, suspension or revocation as well as the evidence presented by the applicant and shall render its findings and determinations no later than the next regularly scheduled Town Board meeting following the public hearing. The Town Board may determine the appeal on the same day as the hearing. The Town Clerk, with the assistance of the Town Attorney, shall notify the applicant of the Board's determination by registered mail, return receipt requested, within three (3) business days after such determination by the Town Board. The decision of the Town Board shall be on file with the Town Clerk and shall be final, subject to review by a court of competent jurisdiction.
[Amended 9-14-2021 by L.L. No. 55-2021]
(F) 
Administrative Hearing Officer. The Town Board may appoint an administrative hearing officer to conduct an appeal hearing on the denial, suspension or revocation of a permit which has been issued. It is the intention of the Town Board to protect the legal rights of the public by insuring that due process is delivered as expeditiously as possible by providing for an administrative hearing officer to alternatively preside over such appeals. In order to accomplish this goal, the Town Board is exercising its authority under § 10(1)(ii)(a)(12) of the Municipal Home Rule Law, § 136(1) and § 137 of the Town Law and any other applicable provision of law now or hereafter enacted, to supersede and/or expand upon the applicable provisions of § 137 of the Town Law, and any other applicable or successor law, in order to permit an appointed administrative hearing officer to preside over the suspension, denial or revocation of a permit.
[Amended 9-14-2021 by L.L. No. 55-2021]
(G) 
The hearing officer shall file his/her written findings and recommendations with the Town Board no later than five (5) days from the close of the hearing. The Town Board may accept or deny the recommendations of the hearing officer in whole or in part, and may also revoke a permit which has been suspended. The Town Board shall render its decision as in § 91-14(E) herein. The hearing officer shall send his/her written findings and recommendations to the applicant by regular or certified mail no later than five (5) days from the close of the hearing.
(A) 
Notwithstanding the issuance of a permit in accordance with the provisions of this chapter, no amusement event shall commence operation or open to the public unless the applicant has first obtained, if applicable, an operational permit from the Chief Fire Marshal of the Town of Huntington pursuant to Town of Huntington Code Chapter 111 Fire Prevention, § 111-77 Tents, canopies, and temporary membrane structures. Such permit must be filed by the applicant with the Town Clerk prior to the commencement of operations as set forth in the permit.
[Amended 9-14-2021 by L.L. No. 55-2021]
(B) 
All tents, rides, buildings, structures, pavilions and electrical wiring equipment shall be in place and operational for purposes of inspection by Town officials no later than 12:00 noon of the last business day immediately prior to the scheduled opening of said amusement event. Any changes to the site plan made between the time of application and the date of inspection by Town officials, for which the Town Clerk has not been notified or provided with an amended site plan incorporating the changes, a penalty of two hundred fifty dollars ($250.) shall be immediately due and payable by the amusement company, or, if an amusement company has not been retained, the applicant. No inspection shall be complete and a permit shall not be issued until such penalty is paid and an amended site plan is filed with the Town Clerk.
[Amended 7-1-2003 by L.L. No. 24-2003; 9-14-2021 by L.L. No. 55-2021]
(C) 
No person is permitted to effectuate a change in the location, number and size of any tent, amusement ride, building, structure, pavilion or electrical wiring equipment after an inspection by Town officials has taken place without the prior written consent of the Town Clerk. All such requests for changes shall be submitted in an amended application with a new site plan incorporating the proposed changes.
[1]
Editor's Note: Former § 91-15, Penalties for offenses, was repealed 7-1-2003 by L.L. No. 24-2003. Said local law also redesignated former §§ 91-16 and 91-17 as §§ 91-15 and 91-16, respectively. For current penalty provisions, see § 91-17.
[Amended 7-1-2003 by L.L. No. 24-2003; 7-16-2019 by L.L. No. 31-2019; 9-14-2021 by L.L. No. 55-2021]
Amusement rides, equipment and structures used for the amusement event shall not be assembled, dismantled and/or removed after 11:00 p.m. All amusement rides, equipment, tents, pavilions and other structures erected or used for the amusement event shall be dismantled and removed from the premises where the event took place within three (3) days of the conclusion of the event. For events on Town property the premises must be cleared of all equipment and cleaned within forty-eight (48) hours of the expiration of the event unless an extension is approved by the Town Attorney.
[Added 7-1-2003 by L.L. No. 24-2003; 11-6-2019 by L.L. No. 56-2019]
(A) 
The owner of the land, applicant, and/or the amusement company who commits or permits any acts in violation of any provision of this chapter shall be deemed to have committed an offense against this chapter, and shall, upon conviction thereof, be subject to a fine of not less than two hundred fifty dollars ($250.) and not more than one thousand five hundred dollars ($1,500.) Each day, or part thereof, such violation continues or is permitted to exist following notification by the Town or service of a summons, appearance ticket or notice of violation returnable before the Bureau of Administrative Adjudication shall constitute a separate offense, punishable in like manner. Any person or entity found by the Bureau of Administrative Adjudication to have violated any provision of this chapter shall likewise be subject to a monetary penalty in an amount within the range of fines authorized herein for any offense or continuing offense.
[Amended 9-14-2021 by L.L. No. 55-2021]
(B) 
In addition to any other penalty, the Town Clerk shall not issue a permit to an applicant who has had one conviction for a violation of this chapter, or has been found by the Bureau of Administrative Adjudication to have violated this chapter, within a period of two (2) years. Such prohibition shall commence on the date of the conviction or determination by the Bureau and shall continue until the expiration of two succeeding years.