[Amended 3-23-2017 by L.L. No. 1-2017, effective 10-1-2017; 1-7-2020 by L.L. No.
1-2020]
A. All special events are prohibited in the Town of Smithtown, except
when such special events are approved, in writing, by the Town Board.
B. Any special event authorized pursuant to §
119-2A of this chapter shall be conducted only upon the issuance of a permit by the Town Clerk. Such permit shall be issued only upon the filing of a written, verified application completed in accordance with this chapter by an officer of the organization sponsoring such special event, at least 60 days prior to the day of the commencement of such special event.
[Amended 3-23-2017 by L.L. No. 1-2017, effective 10-1-2017; 1-7-2020 by L.L. No.
1-2020]
Application for said written approval of the Town Board, and for a permit required by §
119-2 of this chapter, shall be made on an application form approved by the Town Clerk submitted no later than 60 days prior to the date of the event and verified by a duly qualified officer of the sponsoring organization, setting forth the following information:
A. A certificate of public liability insurance in limits not less than
$1,000,000 combined single limit for both bodily injury or death of
any one or more persons and for damage to or destruction of property.
(1) All insurance certificates shall include the Town of Smithtown as
an additional insured and shall be noncancellable without 15 days'
prior written notice of cancellation to the Town Clerk.
(2) Evidence of an owners' and contractors' protective liability
policy in limits of no less than $1,000,000 combined single limit,
naming the Town of Smithtown as the insured, shall be provided to
the Town Clerk in the form of the original insurance policy.
(3) The Town Board may require an applicant to supply additional insurance
coverage when the minimum amounts stated are, in the opinion of the
Town Board; insufficient for the risk undertaken or when required
otherwise by law.
B. An accurate description of the premises upon which the function (bazaar,
fair or entertainment) is to be given.
C. The zoning classification within which said premises lies.
D. The zoning classification of all properties lying within 500 feet
of the subject premises.
E. The number and type of amusements, equipment and facilities which
will be involved in the function.
F. The duration of the function, specifying commencement and termination
by date and the hours of each day during which the activities will
be held.
G. The Federal Employer Identification Number (EIN), name and address
of the person or persons of the sponsoring organization who will be
in charge of the function.
H. The disposition of the proceeds therefrom.
I. A nonrefundable fee of $100 shall accompany each application submitted
under this chapter to cover the costs of application review and site
inspections.
(1) The application fee may be waived for official military or veterans
organizations, a local school district, or any other Smithtown-based
entity as the Town Board deems appropriate.
[Amended 3-23-2017 by L.L. No. 1-2017, effective 10-1-2017; 1-7-2020 by L.L. No.
1-2020]
The application shall be read by the Town Board at its regular meeting next following the filing of the application, provided that proof in the form of an affidavit of posting, together with photographs depicting the requisite postings, is filed with the Town Clerk prior to said regular meeting certifying that at least five days prior to said meeting a sign has been posted on the premises as required by §
119-6 hereof. A second posting is required no more than 10 days prior to the date of the event, and an affidavit of the second posting must be filed with the Town Clerk no less than five days prior to the date of the event.
[Amended 3-23-2017 by L.L. No. 1-2017, effective 10-1-2017]
A. After receipt of the affidavit of posting, the application shall
be read by the Town Board at its regular meeting. Thereafter, the
Town Clerk may issue a permit for the conduct of the special event.
No such permit shall be issued if the Town Board determines that the
special event will disturb the public peace and good order or adversely
affect the use and enjoyment of adjoining properties in adjoining
use districts or that the conduct of the special event will be inconsistent
with the public health, safety or welfare.
[Amended 1-7-2020 by L.L.
No. 1-2020]
B. Permits may impose reasonable restrictions, conditions and safeguards
upon the issuance of the permit and/or conduct of the special event
so as to assure consistency with the standards set forth above, including
a requirement for the deposit of an adequate sum of money with the
Town at the time of issuance of the permit to guarantee restoration
of the premises to a neat and orderly condition upon completion of
the special event.
[Amended 1-7-2020 by L.L.
No. 1-2020]
C. Beginning and end times for all special events shall be subject to
approval by the Town Clerk.
[Amended 1-7-2020 by L.L.
No. 1-2020]
D. 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 Town Board may
require the applicant to reimburse the Town for the costs of increased
police protection, public safety oversight, and Department of Parks,
Buildings and Grounds and/or Highway Department facilitation, including
any additional equipment, as may be deemed necessary by the Town 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 all necessary staffing and shall be provided to
the applicant prior to the issuance of the permit.
E. The Town Board may require the applicant to provide a letter of credit,
bond, cash deposit, 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. No special event
permit shall be issued until the security has been provided to the
Town Clerk. 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.
F. Permits issued shall be subject to immediate revocation upon violation
of the provisions thereof or the provisions of this chapter. Such
revocation shall be issued by the Town Clerk upon the direction of
the Town Board.
[Amended 3-23-2017 by L.L. No. 1-2017, effective 10-1-2017; 1-7-2020 by L.L. No.
1-2020]
For special event permit applications, notice of the application
shall be given by the applicant erecting a white with black lettering
sign or signs measuring not less than two feet long and one foot wide
on the premises, giving notice of the application and the date, time
and place of the reading. The sign shall be set not more than 10 feet
from the property line and shall not be less than two feet nor more
than six feet above grade and must be posted on the premises as required
hereinabove and must be displayed for a period of not less than five
days immediately preceding the Town Board's reading of the application
and again 10 days prior to the date of the event. The filing of an
affidavit by the applicant that this requirement has been complied
with, together with photographs depicting the requisite postings,
shall be deemed sufficient proof of compliance. The affidavit of posting
and photographs for the second posting required must be filed with
the Town Clerk no less than five days prior to the date of the event.
Any person, firm or corporation violating any of the provisions
of this chapter shall be guilty of an offense punishable by a fine
or imprisonment, or both; however, for the purpose of conferring jurisdiction
upon courts and judicial officers, such violations shall be deemed
misdemeanors, and for such purposes only, all provisions of law relating
to misdemeanors shall apply to such violations. Notwithstanding the
foregoing, any person, firm, association or corporation violating
any provision of this chapter shall be subject to a penalty in a sum
not exceeding $500 for the first violation and a sum not exceeding
$1,000 for any subsequent violation, said penalties to be recoverable
in a civil action, in the name of the Town of Smithtown, as damages.
Notwithstanding the issuance of a permit in accordance with
the provisions of this chapter, no special event shall commence operation
or open to the public until the Department of Public Safety, Fire
Prevention Division, of the Town of Smithtown issues a report affirming
that all tents, rides, buildings, structures, electrical wiring and
equipment are in a nonhazardous and reasonably fireproof condition.
All tents, rides, buildings, structures and electrical wiring equipment
shall be in place and operational for purposes of inspection by a
Fire Marshal no later than 12:00 noon of the last business day immediately
prior to the scheduled opening/commencement of said special event.