[HISTORY: Adopted by the Board of Trustees
of the Village of Westbury 7-1-1965 (Ch. 9 of the 1964 Code); amended in its entirety 3-4-2021 by L.L. No. 2-2021. Subsequent amendments noted where applicable.]
The Board of Trustees finds that it is in the public interest
to formally regulate public exhibitions, parties, feasts and other
special events by establishing standards for the issuance of a permit
for such events.
A gathering on a residential street requiring the closure
of a street or a portion thereof to vehicular traffic and the use
of the street for festivity or entertainment, including barbecues,
picnics, music and games.
A device or devices containing gunpowder and/or other combustible
materials for the purpose of causing a spectacular explosion when
ignited for visible or audible effect, used typically for display
or in celebrations. Such definition shall not include sparklers, which
are ground-based or handheld devices that produce a shower of sparks
as their primary pyrotechnic effect and do not rise into the air,
do not fire inserts or projectiles into the air, and do not explode
or produce a report.
A preplanned single entertainment event, including but not
limited to carnivals, feasts, festivals, street fairs, circuses or
other exhibition, on any Village street or other Village property,
which may obstruct, delay, or interfere with the normal flow of pedestrian
or vehicular traffic or use of the street or Village property. A "special
event" shall not include any event conducted or sponsored by the Village
of Westbury.
No person or group of persons shall operate or conduct a block
party, exhibition, feast or other special event without first having
obtained a valid special event permit from the Village Clerk. Any
road closure is explicitly prohibited without a permit pursuant to
this chapter or another provision of the Village Code.
A.Â
Permit application procedure.
(1)Â
An application for a block party permit shall be made at least 30
days in advance of the proposed date of the block party, on a form
provided by the Village Clerk, which shall include the following information:
(a)Â
Name, address and telephone number of the applicant(s);
(b)Â
Date, description, duration, street location, times of event,
and rain date;
(c)Â
Names, addresses and written consent of more than 50% of owners
of residential properties on the block where the event is proposed
to be held;
(d)Â
Name(s) of persons responsible for the removal of garbage, litter
and debris from the block within 24 hours of the closing time of the
event;
(e)Â
Additional information as may be required by the Village Clerk.
(2)Â
Fee. A permit application for a block party shall be accompanied
by a fee as established from time to time by the Village Board.
(3)Â
Approval process.
(a)Â
Upon submission of a block party permit application to the Village
Clerk, the Clerk shall present the application to the Board of Trustees
at its monthly meeting.
(b)Â
The Board may grant, modify, or grant the permit with conditions,
as necessary to protect the public health, safety and welfare and
to protect pedestrian and vehicular safety.
(c)Â
The Board may deny a permit if they find that the detriments
to the public outweigh the benefits, in consideration of the following
elements:
[1]Â
Blocking the street will unduly interfere with vehicular or
pedestrian traffic on or near the proposed block;
[2]Â
The block party is proposed to occur on a primary or secondary
street or would otherwise cause a significant disruption to traffic;
[3]Â
There is insufficient support from the residents of the relevant
block;
[4]Â
The application is untimely or incomplete;
[5]Â
Any information in the application is false;
[6]Â
Another block party or special event has already been approved
within a year prior to or after the proposed date for the same block
as the application in question, or is otherwise too close and the
effect of both events will cause too much disruption to pedestrian
or vehicular traffic in the area, or will cause another unreasonable
conflict with another scheduled event;
[7]Â
The event would be expected to interfere with active or scheduled
construction/maintenance in the area;
[8]Â
The Board reasonably believes that the event will interfere
with emergency services or on such other reasonable basis as determined
by the Board of Trustees.
(d)Â
The Village Clerk will notify the applicant of the Board's
decision, including the reasons for denial, if applicable.
B.Â
Event guidelines.
(1)Â
The applicant and all attendees shall comply with all conditions
listed on the permit.
(2)Â
The event must comply with Chapter 168 of this Code, relating to noise. Among other things, all amplified sound must be turned off by 10:00 p.m.
(3)Â
The site of the event must be left in a neat and orderly condition,
with garbage bagged and ready for pickup on the next regular pickup
date.
(4)Â
Services provided by the Village:
(5)Â
Access to emergency vehicles must be preserved at all times.
(6)Â
The applicant or a designee must be identified to the Village as
an emergency contact person for the event. The Village must be provided
with a cell phone number for the emergency contact.
(7)Â
There are no fireworks permitted.
C.Â
The Board of Trustees and the Building Department shall have the
authority to revoke or suspend any permit upon a material violation
of the permit approval.
D.Â
Penalties. Any person who violates any provision of this section
shall be guilty of a violation, and, upon conviction, such a violation
is punishable by a fine of not less than $250 nor more than $500 for
a first offense, and not less than $500 nor more than $1,000 for any
subsequent conviction within five years.
A.Â
Permit application procedure.
(1)Â
An application for a feast, exhibition or other special event permit
shall be made as soon as practicable, but in no event fewer than 30
days in advance of the proposed date of the event, on a form provided
by the Village Clerk, which shall include the following information:
(a)Â
Corporate name/individual name, address and telephone number
of the applicant(s);
(b)Â
If the applicant is not a natural person, the name of the person
who will be responsible for the permit;
(c)Â
Date, description, duration, location, times of event, rain
date; and
(d)Â
Additional information as may be required by the Village Clerk.
(2)Â
Fee. A permit application for a feast, exhibition or other special
event shall be accompanied by a fee as established from time to time
by the Village Board.
(3)Â
Approval process.
(a)Â
Upon submission of a special event permit application to the
Village Clerk, the Clerk shall present the application to the Board
of Trustees at its monthly meeting.
(b)Â
The Board may grant, modify, or grant the permit with conditions,
as necessary to protect the public health, safety and welfare and
to protect pedestrian and vehicular safety.
(c)Â
The Board may deny a permit if they find that the detriments
to the public outweigh the benefits, in consideration of the following
elements:
[1]Â
The event will unduly interfere with vehicular or pedestrian
traffic on or near the proposed block, either because of the length
of time needed for the event or because the event is proposed to take
place on a street which is heavily trafficked, or both;
[2]Â
The application is untimely or incomplete;
[3]Â
Any information in the application is false;
[4]Â
Another special event has already been approved and the effect
of both events will cause too much disruption to pedestrian or vehicular
traffic in the area, or the proposed event will cause another unreasonable
conflict with another scheduled event;
[5]Â
The event would be expected to interfere with active or scheduled
construction/maintenance in the areas;
[6]Â
The Board reasonably believes that the event will interfere
with emergency services;
[7]Â
The Board determines that the special event will otherwise have
an adverse effect on the health, safety or welfare of the public.
(d)Â
The Village Clerk will notify the applicant of the Board's
decision, including the reasons for denial, if applicable.
(e)Â
The Village Board may require the applicant to provide the Village
with indemnity and insurance, in the form of certificate of insurance,
with the Village, all elected and appointed officers, all employees
and volunteers to be listed as additional insured. If required, the
Clerk will notify the applicant of the amount of insurance required,
and any other requirements, and will provide an indemnity agreement
for the same.
(4)Â
Event guidelines.
(a)Â
The applicant and all attendees shall comply with all conditions
listed on the permit.
(b)Â
The event must comply with Chapter 168 of this Code, relating to noise. Among other things, all amplified sound must be turned off by 10:00 p.m.
(c)Â
The site of the event must be left in a neat and orderly condition.
(d)Â
Access to emergency vehicles must be preserved at all times.
(e)Â
The applicant or a designee must be identified to the Village
as an emergency contact person for the event. The Village must be
provided with a cell phone number for the emergency contact.
(5)Â
The Board of Trustees and the Building Department shall have the
authority to revoke or suspend any permit upon a material violation
of the permit approval.
(6)Â
Penalties. Any person who violates any provision of this section
shall be guilty of a violation, and, upon conviction, such a violation
is punishable by a fine of not less than $250 nor more than $500 for
a first offense, and not less than $500 nor more than $1,000 for any
subsequent conviction within five years.
A.Â
Prohibition. No person shall discharge any firecrackers, fireworks,
or other explosives at any time within the Village, except as part
of a feast, festival or other exhibition, and the applicant for such
feast, festival or exhibition has obtained permission from the Board
of Trustees for fireworks as a part the application. Fireworks approved
in this manner shall be discharged only by a licensed professional
pyrotechnician, and the licensed professional shall comply in all
respects with the New York State Penal Code and accompanying regulations,
including but not limited to the required bond or insurance and all
safety standards specified therein.
B.Â
Any person who violates any provision of this section shall be guilty
of a violation, and, upon conviction, such a violation is punishable
by a fine of not less than $1,000 nor or more than $2,500, or by imprisonment
for a period not to exceed 15 days, or both, for a first offense,
and not less than $2,500 nor more than $5,000, or by imprisonment
for a period not to exceed 15 days, or both, for any second conviction
within five years, and not less than $5,000 nor more than $10,000,
or by imprisonment for a period not to exceed 15 days, or both, for
any subsequent conviction within five years. Notwithstanding the foregoing,
to the extent that the court determines the violation to be an isolated
event, and that the violation did not create a significant risk to
the general health, safety and welfare of the community, the fine
shall be not less than $250 nor more than $500 for a first offense,
and not less than $500 nor more than $1,000 for a subsequent offense.
A.Â
Circuses, carnivals and other moving exhibitions shall be subject to the permit process outlined in § 101-5 herein and shall be further regulated by the provisions contained in this subsection.
B.Â
Travel restricted to designated routes. No circus, carnival, rodeo
or other exhibition, nor any vehicles, other than ordinary passenger
vehicles, transporting any persons, animals or property appearing
in or used in such circus, carnival, rodeo or other exhibition, shall
travel over any public thoroughfare in the Village in going to and
from the place where such circus, carnival, rodeo or other exhibition
is to be held, except over a route designated by the Commissioner
of Police and Public Safety or a person authorized by him or her to
act in his or her absence.
C.Â
Hours of performance restricted. No person shall participate in any
circus, carnival, rodeo or other exhibition or performance between
the hours of 12:01 a.m. and 12:00 noon on Sunday or between the hours
of 12:01 a.m. and 9:00 a.m. on any other day, and such further restrictions
as the Board may impose.
D.Â
Bond required. Upon issuance of a license to conduct a circus, carnival,
rodeo or other exhibition outdoors or in a tent, a general liability
insurance certificate naming the Village as an additional insured
in an amount set by the Board of Trustees is required, and the licensee
shall deposit a surety company bond or certified check in the amount
of $25,000, conditioned upon no damage being done to the streets,
sewers, trees or private property within the Village and upon no dirt,
paper, litter or other debris being permitted to remain on any public
way or upon any private property after the departure of such circus,
carnival, rodeo or other exhibition. If a check is deposited, it shall
be returned to the licensee upon certification by the Commissioner
of Police and Public Safety that no damage to streets, sewers, trees
or private property has been reported or discovered and that no dirt,
paper, litter or other debris has been permitted to remain upon any
public way or private property after the departure of the circus,
carnival, rodeo or other exhibition. In the event that damage shall
have been done to streets, sewers, trees or private property within
the Village or dirt, paper, litter or other debris has been permitted
to remain upon any public way or upon any private property, the Village
shall repair the aforesaid damage and shall clean up the dirt, paper,
litter or other debris. The expense of such repair and cleaning shall
be deducted from the amount deposited; there shall further be deducted
from the amount deposited any damages where repairs cannot be made;
the balance shall be returned to the licensee.