Town of Smithtown, NY Article II Special Events

[Amended 5-28-2009[1]]

[1] Editor's Note: This ordinance also redesignated former Arts. II and III as Arts. III and IV, respectively.

§ 119-2 Exceptions; permit required.

[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.

§ 119-3 Application requirements.

[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.

§ 119-4 Affidavit of posting.

[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.

§ 119-5 Issuance of permit; restrictions.

[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.[1]

[1] Editor’s Note: Former Subsection G, regarding expedited applications, which immediately followed, was repealed 1-7-2020 by L.L. No. 1-2020.

§ 119-6 Posting of signs.

[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.

§ 119-7 Penalties for offenses.

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.

§ 119-8 Firesafety inspection.

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.