[HISTORY: Adopted by the Board of Trustees of the Village of Sagaponack 10-15-2007
by L.L. No. 30-2007. Amendments noted where applicable.]
The purpose of this chapter is to regulate special events as defined
herein. The Village's interest in enacting this chapter is to assure that
any such special event is conducted in a manner least disturbing to the community.
As used in this chapter, the following terms shall have the meanings
indicated:
Any person or entity of any kind.
Any activity using public property within the Village held on a one-time
or occasional basis, open to the public, conducted outdoors, with or without
an admission fee or donation, including by way of illustration, not limitation,
a marathon, a demonstration, a march or walk, a bike race, a road race, a
parade, a road rally, a concert, an exhibition of any kind or any similar
event, including any event necessitating any partial or complete closure of
any road for any time period.
No person shall cause, permit or allow a special event to occur within
the Village except upon issuance of a permit by the Board of Trustees.
A.
Application time frames.
(1)
Early notice. Applicants are encouraged to submit to
the Village Clerk at the earliest possible date a letter stating the applicant's
intention to file a complete application. The purpose of this letter is to
allow the Village to begin the review of the special event and facilitate
a quicker review of the required application. This letter should contain the
following information:
(2)
Mandatory time frames. Applications for special event
permits shall be on the form available from the office of the Village Clerk,
shall contain all of the required information and material, and shall be filed
with the office of the Village Clerk at least 60 days prior to the date the
proposed special event will begin.
B.
Information and material to be submitted with completed
application. As set forth therein, all applications 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, 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 Village facilities, including alcoholic
consumption thereon, and any additional information the Village deems relevant,
all as may be amended or modified from time to time.
C.
Rejection by Village Clerk. The Village Clerk shall have
the authority to reject any application that the Village Clerk finds incomplete.
A.
Liability insurance. Prior to the issuance of a special
event permit, the applicant shall furnish the Village with a comprehensive
liability insurance policy, issued by a company duly licensed by the State
of New York, insuring the applicant against liability for damage to persons
or property, with limits as established by resolution of the Board of Trustees,
which policy shall name the Village as an additional insured and shall not
be cancelable without at least 30 days' prior written notice to the Village.
B.
Cost reimbursement. Where the expected number of persons
or the duration of the special event may impact the health, safety and welfare
of the public, as a condition to granting the special event permit, the Board
of Trustees may require the applicant to reimburse the Village of Sagaponack
and/or Town of Southampton 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 Board 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 include those over and above
routine staffing (e.g., overtime and the hiring of additional personnel) and
shall be provided to the applicant prior to the issuance of the permit.
C.
Security instrument. The Board of Trustees 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 permit
and to ensure adequate cleanup of the property after the event. The Board
shall set the amount by resolution, and, in such event, no permit shall be
issued until the security has been provided to the Village Clerk. If the applicant
fails to honor the permit conditions or to adequately clean up the property
following the event, the Village may use such portion of the security as is
required to remedy the situation.
D.
Permit available on property. The special event permit
issued hereunder, including the Board resolution authorizing such permit,
shall be kept on the property during the special event and shall be presented
for inspection by any enforcement officer or other duly authorized official
or employee of the Village of Sagaponack and/or 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 Board 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 the Code of the Village of Sagaponack.[1]
F.
Additional requirements. The Village may condition the
benefit conferred by a special event 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
Village.
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 cancelled check to the Village Clerk, or such longer period
as may be approved by said Clerk, that demonstrates that the proceeds payable
to the charitable organization listed on the application have in fact been
paid.
A.
Review of application. All applications for a permit
shall be reviewed by the Board of Trustees. The Board may request an advisory
report from the Town of Southampton Police Department, the Board of Trustees
of the Freeholders and Commonalty of the Town of Southampton or from any other
department or advisory board whose expertise and evaluation may be appropriate.
B.
Public hearings. The Board may, in its sole discretion,
conduct a public hearing or hearings with respect to any application for a
special event permit. In making a determination on whether to do so, the Board
shall consider the size and type of event, duration and potential impacts
on the environment, including the surrounding community and including but
not limited to noise, traffic, aesthetics and character of the area and any
other factors the Board deems appropriate. If the Board so elects to conduct
a public hearing, the Board 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. 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 that he has complied with the
provisions of this subsection.
(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.
(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
and related materials submitted to the Board, 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) of the property which is the
subject of the application, proof of which shall be submitted to the Board
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.
C.
Issuance of permit. In determining whether or not to
issue a special event permit, the Board shall consider the information provided
in the permit application together with all other available information, including
but not limited to those factors illustrated below and information provided
at the public hearing:
(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.
(3)
Possible conflicts with other events and seasonal demands
which may overtax or cause an undue burden on municipal services.
(4)
Impact of the special event on the general health, safety
and welfare of the Village.
(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 any municipal agency or 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 an approval by
any municipal agency.
(b)
Requirements and conditions related to an action of the
Board of Trustees, Zoning Board of Appeals or any other municipal agency.
(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.
(9)
If one or more events scheduled for the same date are
within one mile of each other, the Board shall determine if there are adequate
resources available to ensure public health and safety. If it determines that
such resources are not available, it may deny one or more permits. In deciding
which, if any, permits to deny, the Board shall consider the following:
(a)
Whether the event is recurring.
(b)
Whether the event has been subject to a violation or
has had any adverse impacts on the surrounding property in the Village within
the last three years.
(c)
The date the permit application was submitted to the
Village Clerk.
(d)
If the event occurred in one or more prior calendar years,
what its impact was on that area of the Village.
(e)
The applicant's offer to provide a benefit to one or
more local charitable organizations.
(10)
If an applicant is requesting a special event permit
for an event held the previous year, reasonable verification must be submitted
from those charitable organizations listed on the previous application.
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 Board, 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 limitation in all advertising.
E.
Nontransferable. A special event 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 shall be subject to any other terms or conditions imposed
in any resolution of the Board approving the permit or in any permit obtained
from other applicable municipal agencies.
G.
Privilege. The granting of a special permit by the Board
is a privilege and not a right and may be denied in the event that 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 in amount(s) established by resolution of the Board of Trustees from time
to time and paid by the applicant to the Village Clerk. Application fees may
be waived at the Board's discretion.
No permit shall be issued authorizing a special event nor shall any
such event be held:
A.
Where such event is largely for private profit.
B.
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.
C.
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.
D.
Where the property is the subject of any outstanding
violations or any outstanding unsatisfied conditions set forth in any governmental
approvals.
E.
Where any structure on the property does not have a valid
certificate of occupancy and/or a certificate of compliance, if applicable.
F.
Where the proposed event includes carnival rides on a
lot in a residential zoning district.
G.
Where exterior lighting at the event uses searchlights,
strobe lights, laser lights or revolving lights.
A.
Tents. After the permit is issued, no temporary structures,
including tents, shall be erected more than 10 days prior to the date of the
permitted event and all such structures shall be removed within five days
following the termination of the permitted event. 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 or other
applicant.
B.
Signs.
(1)
The type, size, number, location and other particulars
of any sign shall be disclosed and subject to approval of the Board of Trustees.
No sign or banner shall be placed or posted on a street unless the applicant
has obtained prior approval of such placement from the Board of Trustees.
(2)
If any type of sign or banner 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 submit approvals from the appropriate county and state
agencies.
(3)
All signs, banners and posters shall be erected no more
than 10 days prior and must be removed within 24 hours after the proposed
special event.
A.
If, after a special event permit is issued, the Board
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 Board may immediately rescind or modify
such permit or terminate such event.
B.
If any conditions are not met at the special event, any
member of the Town of Southampton Police Department acting pursuant to an
intermunicipal agreement between the Village of Sagaponack and Town of Southampton
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.
C.
If conditions exist that endanger the health, safety
or welfare of those in attendance, any member of the Town of Southampton Police
Department acting pursuant to an intermunicipal agreement between the Village
of Sagaponack and Town of Southampton may terminate the event or may suspend
the event until such danger is corrected and authorize his personnel to take
all necessary steps to effectuate his determinations.
D.
In the event that a special event permit is rescinded
prior to the scheduled event date, the applicant may reapply and submit a
new or revised special event application, complete with requisite application
fees.
E.
In the event that a permit is rescinded no fees shall
be refunded.
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.
B.
A violation of any of the provisions of this chapter
or of Board conditions, approvals or restrictions issued hereunder shall be
punishable by a fine of not more than $1,000.
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.
Notwithstanding anything to the contrary set forth in this chapter,
the Board of Trustees may waive or modify any of the requirements set forth
herein.
