[HISTORY: Adopted by the Town Board of the Town of East Hampton 5-9-2017 by L.L. No.
13-2017.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 151,
Public Assemblies, 11-6-2014 by L.L. No. 37-2014, as amended.
Assemblies or organized events which are anticipated to or are
likely to attract a large number of people can adversely affect the
well-being of Town residents. Large assemblies on public and private
properties can disturb nearby residents in the peaceful enjoyment
of their homes and property, interfere with the general public's normal
use of highways and other municipal facilities, and be harmful to
the public safety and welfare. Large assemblages of people result
in the need for some control over traffic and parking and can cause
a strain on police services, particularly during the summer season.
In an effort to provide for the well-being of the community, the Town
Board establishes herein a procedure whereby the Town can be informed
in advance of assemblies and can assure that such assemblies, if appropriate
under the Town Code and the Constitution of the State of New York,
can be accommodated without unduly burdening the community or the
resources of the Town of East Hampton or unreasonably impacting upon
or restricting the use of Town resources by other Town residents.
As used in this chapter, the following terms shall have the
meanings indicated:
A social occasion, an event, or an activity which involves
the assembly of persons on public or private property in any zoning
district, and which takes place in whole or in part outdoors, with
or without an admission or invitation fee, a sponsorship, or a requested
donation, and held on a one-time basis, including, but not limited
to, weddings, family reunions, parties, fairs, bazaars, outdoor shows,
horse shows or exhibitions, and concerts, and if held on a commercial
property as the same is defined herein, is not included within the
approved uses of the property upon which the assembly is to take place,
as evidenced by the site plan approval issued by the Town Planning
Board, the certificate of occupancy for the premises as issued by
the Town Building Department, or as determined by the Town Building
Inspector based upon the historic use of the subject premises as supported
by credible evidence.
Any person or business engaged in serving food or beverages
for private functions, in a professional capacity in the Town of East
Hampton.
[Added 3-2-2023 by L.L. No. 3-2023]
Any special event where a person or entity is contracted
to provide food and drink, including professional service, at a special
event on public property. Professional service shall include, but
not be limited to: delivery, setup, preparation, food service or cleanup,
of any food or beverage, or associated equipment and accessories.
This shall not apply to any persons or parties bringing food and drink
to a special event on public property provided no professional services
have been contracted.
[Added 3-2-2023 by L.L. No. 3-2023]
An organization as defined in New York State Executive Law
§ 171-a, including but not limited to not-for-profit entities.
Such charitable organizations shall be recognized as exempt from federal
taxation under Internal Revenue Code § 501(c)(3), shall
be duly registered with the Charities Bureau of the Attorney General
of the State of New York, and shall provide services or funds that
benefit residents of the Town of East Hampton. For purposes of this
chapter, this category shall also be deemed to include established
civic organizations which are formed for and do provide a public benefit
and are not formed for and do not have as a primary purpose the accumulation
of profits for their owners or members. Organizations such as Chambers
of Commerce, veterans' organizations, fraternal organizations, and
similar organizations which are actually located within the Town of
East Hampton and provide benefits to members of the community qualify
for this classification.
A public entertainment consisting typically of a variety
of performances by acrobats, clowns, and trained animals.
Property containing a legally nonconforming business use
and any vacant or improved parcel in a commercial use district other
than one upon which the principal use is one or more single-family
residences.
A person, residing within the County of Suffolk, who is designated
by an applicant for an assembly to accept service of process from
the Town of East Hampton for any violation of this chapter or any
other chapter set forth in the East Hampton Town Code which relates
to or arises out of the assembly.
An assembly or similar gathering held for the sole purpose
of exercising free speech activity protected by either the First Amendment
to the United States Constitution or Article I, § 8, of
the New York State Constitution and for which no fee or donation is
charged or required as a condition of participation in or attendance
at such assembly.
The retail sale of agricultural products directly to the
public by individual vendors.
A type of assembly which involves a walk, run, march or similar
assembly (including, but not limited to, a marathon or bicycle race)
regardless of whether any fee or donation is charged or required as
a condition of participation in or attendance at such assembly, where
the activity occurs on any Town highway, public street, right-of-way,
sidewalk or in any other public place rather than on a specific property,
and which can or is likely to disrupt or interfere with normal traffic
patterns, regulations or controls, as determined by Chief of Police.
The provision of an activity, entertainment, or similar pastime
which is provided upon public property without cost or charge to the
attendees and without the sale or solicitation of orders for the sale
of goods or services, intended to enhance the attendees' experience
upon the premises. Examples of a public amenity consist of, but are
not limited to, musical performances, movies, and similar entertainment
upon public property.
Property of the Town, Town Trustees, or other governmental
agency.
An assembly for social, noncommercial purposes at which no
goods, merchandise or services are offered or sold, or orders for
the same solicited or taken.
A permit for a special event as defined in this chapter.
Special event permits shall be of six categories:
[Amended 3-2-2023 by L.L. No. 3-2023]
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RESIDENTIAL SPECIAL EVENT PERMIT — A permit for an assembly
of 50 persons or more upon a property which is zoned for or actually
used as a residence.
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COMMERCIAL SPECIAL EVENT PERMIT — A permit for any assembly
upon a property which is either zoned for commercial use, or is zoned
residential, multifamily, resort or other noncommercial use but actually
used for a commercial business as a legally preexisting, nonconforming
business, or for an assembly upon property zoned for and used for
commercial purposes and which assembly is not consistent with the
approved use(s) for the commercial property, in that it includes one
or more of the following:
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A.
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The sale of goods or merchandise, by fixed price or auction,
upon a property not approved for retail sales or, if approved for
the same, from a location on the property not approved for such use;
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B.
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The sale of food or beverages upon a property not approved for
the sale of food or beverages or, if approved for the same, from a
location on the property not approved for such use;
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C.
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The use of outdoor areas of the premises for business purposes,
and such use is not included in the customary and/or approved use
for the premises;
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D.
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A performance, speech, recital or other presentation by an entertainer
or other artist, with or without the use of musical instruments or
recorded music, for which a fee is charged, if such property is not
approved for such use;
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E.
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The erection of a tent upon the premises;
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F.
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The parking of attendees' vehicles upon any public street, highway,
right-of-way or other off-site location due to lack of availability
of parking upon the premises hosting the assembly;
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G.
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A farmer's market, provided that the commercial premises are
not otherwise utilized by the businesses legally occupying the site
at the time the market is operational.
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PUBLIC PROPERTY SPECIAL EVENT PERMIT — A permit for an
organized assembly of persons upon a property which is a public park,
beach, or other property which is open to the public.
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PARADE/WALK-RUN SPECIAL EVENT PERMIT — An assembly permit
for a parade/walk-run as defined herein.
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ART SALE SPECIAL EVENT PERMIT — A permit for the commercial sale of artwork by the artist, upon the residential property of the artist. The holding of art sales on more than three occasions in a calendar year or for more than three successive days shall be deemed a business use subject to the provisions of Chapter 255, Zoning, of the Town Code of the Town of East Hampton.
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SEASONAL SPECIAL EVENT PERMIT — A permit for reoccurring
commercial recreational activity on public property, including but
not limited to: surf instruction; paddleboard instruction; yoga classes;
and the installation of hotel equipment, such as chairs and umbrellas,
on a Town beach.
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A committee designated by the Town Board to decide applications
submitted under this chapter, the membership of which shall consist
of: two Town Board Members; one Town Trustee; the Town Clerk; the
Chief of the Town Police Department; the Chief Fire Marshal; and the
Superintendent of Recreation.
[Added 4-7-2022 by L.L. No. 7-2022]
An entity or organization which provides and organizes recreational
activities for school-aged children during the summer months when
school is not in session. Such camps must be primarily located at
another physical site with use of Town's property (beaches, parks),
a secondary site for some, but not all of the camp's offered activities.
[Added 3-2-2023 by L.L. No. 3-2023]
Individuals and commercial entities applying for special
event permits can establish Town residency as follows:
[Added 3-2-2023 by L.L. No. 3-2023]
Individuals can establish Town residency with either of the
following:
A validated tax receipt in the name of the applicant for the
current year of any taxable property within the Township of East Hampton,
Village of East Hampton or that portion of the Incorporated Village
of Sag Harbor located within the boundaries of the Town of East Hampton;
A valid New York State vehicle registration or a New York State
Driver's License in the name of the applicant, setting forth an address
located within the Township of East Hampton, Village of East Hampton
or that portion of the Incorporated Village of Sag Harbor located
within the boundaries of the Town of East Hampton.
Commercial entities can establish Town residency with either
of the following:
Legal proof that the entity's physical place of business is
located within the Township of East Hampton, Village of East Hampton
or that portion of the Incorporated Village of Sag Harbor located
within the boundaries of the Town of East Hampton;
Establishing Town residency by an individual with legal proof
of ownership of more than 25% of the commercial entity.
[Amended 3-1-2018 by L.L.
No. 2-2018]
A.
No owner, lessee or any other person claiming a right or interest in residential property located within the Town of East Hampton and outside of the boundaries of any incorporated village shall cause, permit or allow such property to be used for an assembly as defined herein unless a written special event permit for the assembly has been issued by the appropriate Town official(s). Residential assemblies are subject to the provisions of § 255-11-64I which deems hosting or granting of permission to host for a fee (whether termed rental or otherwise) of more than one social event or reception per calendar year at any single-family residence located within the boundaries of the Town of East Hampton a nonresidential activity or use.
B.
No owner, lessee or any other person claiming a right or interest
in commercial property located within the Town of East Hampton and
outside of the boundaries of any incorporated village shall cause,
permit or allow such property to be used for an assembly as defined
herein unless a written special event permit for the assembly has
been issued by the appropriate Town official(s). Commercial assemblies
upon portions of commercial properties which have been maintained
as spaces open and available to the public as areas for casual gathering,
walking and/or relaxation, such as green spaces in retail areas, may
apply to utilize such areas, subject to the following limitations:
(1)
No assemblies shall include the sale of goods or sale of food on
site unless the same are sold by a valid charitable organization.
(2)
A special event permit for a public amenity shall exclude areas upon
such properties which have been identified in any approval issued
by the Town, or other agency, or deemed by the Building Inspector
to be utilized in the ordinary course of the business(es) on the site
for some use related to the approved business(es), including, but
not limited to, areas used for parking or for fire access.
C.
No person, group, entity or organization shall organize or conduct
a public property special event, as defined herein, upon any public
property within the Town of East Hampton, outside of the boundaries
of any incorporated village, unless a written special event permit
for the assembly has been issued by the appropriate Town official(s).
Public property assemblies, in addition to the limitations enumerated
below, are subject to the Town's right to limit the number of public
property special event permits issued per applicant and per location
in a calendar year, as well as limit the hours and days of the week
for which activities will be approved.
(1)
Beaches:
(a)
Unless utilized as part of an event held by valid charitable
organizations as defined herein, the installation of tents, other
than those necessary for food service under Suffolk County Department
of Health Services regulations, shall not be permitted. In addition,
the installation of any other structures (i.e., tents, dance floors,
platforms, fences, etc.) shall not be permitted on any beach, unless
the same is approved by either the Town Board or the Town Trustees,
depending upon the proposed location. In general, the Town does not
approve the installation of structures upon any beach, except for
required covering over food service equipment.
(b)
Assemblies that include amplified music shall not be permitted
on any beach. This shall not prohibit individual radios or similar
devices, but the use of such devices shall be subject to the directions
of any enforcement officer, lifesaving personnel, marine patrol officer,
or other designated agent of the Town and/or Trustees.
(c)
Assemblies that include the sale of goods or sale of food on
site on the beach shall not be permitted unless the same are sold
by valid charitable organizations. This prohibition shall not be deemed
to prohibit attendees at any otherwise permitted assembly from being
supplied with food and beverages by a paid caterer.
(d)
Assemblies that the Town Board or its designee deems to unreasonably
impede the use of the premises by the general public shall not be
permitted.
(e)
Beach “property” includes all public parking lots and
comfort stations.
[Added 4-7-2022 by L.L. No. 7-2022]
(f)
In no event shall any person or entity solicit or advertise any product,
service, lesson, program, or any other item or offering upon any Town
beach. Any assembly upon Town beaches in which participants have paid
a fee shall originate off-site.
[Added 4-7-2022 by L.L. No. 7-2022]
(2)
Parks and other municipal properties.
(a)
Assemblies that include the sale of goods or sale of food on
site shall not be permitted unless the same are sold by valid charitable
organizations. This prohibition shall not be deemed to prohibit attendees
at any otherwise permitted assembly from being supplied with food
and beverages by a paid caterer.
(b)
No structures shall be permitted unless expressly approved by
the Town Board or the Special Events Committee.
[Amended 4-7-2022 by L.L. No. 7-2022]
(c)
No assemblies that the Town Board or the Special Events Committee
deems to unreasonably impede the use of the premises by the general
public shall be permitted.
[Amended 4-7-2022 by L.L. No. 7-2022]
(d)
In no event shall any person or entity solicit or advertise
any product, service, lesson, program or any other item or offering
upon any public property. Any assembly upon public property in which
participants have paid a fee must originate from a sale or enrollment
off of public property.
(e)
Any special event held on a Community Preservation Fund ("CPF") property
shall require a Town Board resolution.
[Added 3-2-2023 by L.L. No. 3-2023]
D.
No person, group, entity or organization shall organize or conduct
a parade/walk-run, as defined herein, upon any public street, sidewalk,
walkway, right-of-way or public property within the Town of East Hampton,
outside of the boundaries of any incorporated village, unless a written
special event permit for the assembly has been issued by the appropriate
Town official(s).
E.
No person, group, entity or organization shall organize or conduct
an art sale, as defined herein, upon any property within the Town
of East Hampton, outside of the boundaries of any incorporated village,
unless a written special event permit for the assembly has been issued
by the appropriate Town official(s). Art sale special event permits
are limited to not more than three occasions in a calendar year or
not more than three successive days.
The following shall be exempt from the requirements of a special
event permit:
A.
Events sponsored by the Town.
B.
Regular sporting events held at facilities which are approved for
such purposes.
C.
A student assemblage at any school chartered by New York State.
D.
An assemblage for purposes of expressive activity, provided that
the organizers provide the Town Clerk with written notice at least
48 hours in advance if more than 25 persons are expected to attend.
The name, address and contact information of the organizer, the proposed
location or route, and the date and time of the event shall be provided.
E.
A yard sale, as defined in Chapter 198 — the sale of one's used household goods or other used private personal property commonly found in a residence from one's own personal residence — and held upon the property of the person conducting the sale. The holding of yard sales on more than three occasions in a calendar year or for more than three successive days shall be deemed a business use subject to the provisions of Chapter 255, Zoning, of the Town Code of the Town of East Hampton.
F.
Events held wholly within the building located at Fort Pond House,
provided that the participants have a facility use permit issued by
the East Hampton Town Parks Department.
G.
Events held upon Town property other than Town beaches, involving
up to 50 people, provided that the participants have a field use or
facility use permit issued by the East Hampton Town Parks and Recreation
Department.
H.
Noncommercial social events as defined above, on public property
involving up to 20 people over the age of 18 years, provided that
there is no tent and the event is neither catered nor for which other
services have been contracted.
A.
Application form. An applicant may obtain an application form from
the Town Clerk or the East Hampton Town Website. The information requested
on the application form shall include, without limitation, the following:
[Amended 4-7-2022 by L.L. No. 7-2022]
(1)
The applicant's name, mailing address and telephone number, with
a statement of the applicant's relationship to any sponsoring organization.
If the applicant is a "professional fund-raiser" as defined in § 171-a
of the New York Executive Law, that fact shall be disclosed.
(2)
The proposed date, time and duration of the event.
(3)
A detailed
narrative of the event.
(4)
A survey or sketch map with a detailed sketch of the assembly location
together with the Tax Map number of the property.
(5)
Commercial
property applicants must submit a copy of the Planning Board Site
Plan Approval for the location where the event is to be held.
[Amended 3-2-2023 by L.L. No. 3-2023]
(6)
A detailed sketch plan depicting the proposed location(s) for parking,
outdoor areas proposed to be used, and the location of any tent(s)
and additional sanitary facilities.
(7)
On-site sanitary facilities available to attendees.
(8)
The number of anticipated attendees.
(9)
If food is to be served and the applicant or property owner or operator
is not the supplier, the name and address of the proposed food vendor.
Suffolk County Department of Health Services permits may be required.
(10)
If security is to be provided, the name of the security company
and a contact person and number for the same.
(11)
Proposed traffic control and security plan for the event. (Security
plans shall not be made publicly available.)
(12)
Proposed medical and emergency plans and personnel.
(13)
Proposed outdoor loudspeakers, music, live or recorded, and
a description of the proposed use of loudspeakers and/or music, including
the starting time and duration.
(14)
Whether any alcohol will be served at the premises. A special
event license from the State Liquor Authority may be required.
(15)
The number of anticipated vehicles for attendees; the location
of any off-site parking areas and the size and location of such off-site
parking areas; any restrictions or limitations upon such off-site
parking location(s), including restrictions and limitations contained
in any deed or covenant or any natural feature such as protected vegetation
or wetlands. The Town shall have the right to require such additional
information, such as a survey or inspection of off-site parking area(s),
as Town officials deem appropriate to facilitate review of the application.
(16)
If off-site parking is proposed, the traffic management plan
for the parking of vehicles and transportation of cars or guests to
and from the assembly site.
(17)
Whether any additional outdoor lighting is proposed, and a description
of the proposed lighting together with the location of the same.
(18)
The zoning of surrounding properties.
(19)
The proximity of the nearest residential structures.
(20)
If a tent is proposed, the size and placement of the tent on
the premises. A separate tent application will be required to be submitted
to the Town Fire Marshal. Tents shall meet all necessary Fire Code
requirements and shall be reviewed for placement and proper ingress
and egress.
(21)
A name and contact number of a responsible party who will be
available to Town officials at the time of the event.
(22)
Consent to inspection: a statement that the applicant (and,
where applicable, the owner of the property) consents to inspection
of the premises by a police officer or other enforcement officer,
upon request, for the purpose of ensuring that the terms and conditions
of the permit are met.
(23)
The name of the designated agent.
(24)
If
a portable generator or similar device is proposed, the size and placement
of the generator or device on the premises. A separate application
for a Fire Marshal safety inspection must be submitted.
[Added 3-2-2023 by L.L. No. 3-2023]
B.
Submission to Town Clerk. Applications for events involving one to
75 participants, the application must be submitted at least 21 days
before the event; for events involving 76 to 150 participants, the
application must be submitted at least 30 days before the event; for
events involving 151 to 250 participants, the application must be
submitted at least 48 days before the event; and for events involving
more than 251 participants, the applications must be submitted at
least 60 days prior to the event. For each application, the Town Clerk
and/or the Special Events Committee have the discretion to waive the
submission deadline. The following materials shall be submitted by
the applicant to the Town Clerk or the Special Events Committee before
the proposed date of the special event:
[Amended 4-7-2022 by L.L. No. 7-2022]
(1)
A completed application form.
(2)
For commercial, public property, and parade/walk-run special event
permits, a nonrefundable application fee. The Town Board, by resolution
duly adopted, from time to time shall establish or amend such fee
amount. The Town Board or its designee has the discretion to waive
such fee.
C.
Review by the Town Board. The Town Board shall designate a Special
Events Committee to review the applications. The Town Clerk shall
forward the application to the Town Board or the Special Events Committee
for approval or disapproval. The review will consider whether the
proposed assembly would unduly burden the community or the resources
of the Town of East Hampton, or unreasonably impact upon or restrict
the use of Town resources by other Town residents, or constitute a
threat to public safety, health or welfare by reason of time, location
or duration of the activity, or will unduly interfere with vehicular
and/or pedestrian traffic. The Town Board or the Special Events Committee
may deny an application for a permit under this chapter after a review
of the application, whenever a determination is made that the proposed
special event would violate any law or ordinance or would unreasonably
interfere with the public's use of public lands; unreasonably interfere
with the use and enjoyment of adjoining properties; unreasonably impede
the flow of vehicular or pedestrian traffic; be detrimental to the
community because of anticipated excessive noise, illumination or
other effect caused by the proposed assembly, including, but not limited
to, a potentially dangerous activity or creation of a dangerous condition,
such as the use of explosives, the use of stunts, helicopters, firearms
or simulated firearms; or otherwise endanger the public's health,
safety or welfare. In addition, the Town Board or the Special Events
Committee may consider the number of applications submitted for a
particular property and may deny an application if determined that
the history of permit applications indicates an attempt by the applicant
and/or property owner to circumvent East Hampton Town Codes. Any denial
shall be in writing and shall specify the reasons for the denial.
The Board or the Special Events Committee must refer all permits for
comment to the Chief of Police, Fire Marshal, Trustees, Highway Department
and/or any other Town department or agency should the application
indicate that such entity may be affected by the approval of such
application. The Board the Special Events Committee shall send the
approved or disapproved application back to the Town Clerk.
[Amended 4-7-2022 by L.L. No. 7-2022]
D.
Review by Town Attorney. The Town Clerk or the Special Events Committee
shall forward the certificate of insurance and the indemnification
agreement to the Town Attorney for approval. The Town Attorney shall
return such approved or disapproved documents to the Town Clerk or
the Special Events Committee.
[Amended 4-7-2022 by L.L. No. 7-2022]
E.
Fees. The Town Clerk shall calculate the fees required to be paid
by an approved applicant as follows:
(1)
Permit fee. All special event permits, except art sales, may be subject
to a permit fee, and the Town Board, by resolution duly adopted, from
time to time shall establish or amend such fee amount.
(2)
Cleanup deposit. A fee for each day covered by the permit shall be paid pursuant to § 151-7. The Town Board, by resolution duly adopted, from time to time shall establish or amend such fee amount. The Town Board, by resolution duly adopted, may also waive or suspend this requirement in whole or in part.
[Amended 4-7-2022 by L.L. No. 7-2022]
(3)
Traffic control fee. A fee for each day covered by the permit shall be paid if the Chief of Police, or his designee, requires payment of the traffic control fee pursuant to § 151-6.
(4)
Rush application fee. The Town Board, by resolution duly adopted from time to time, shall establish or amend a fee for late applications and/or applicants who otherwise fail to comply with the submission requirements set forth in § 151-5.
[Added 4-7-2022 by L.L. No. 7-2022]
(5)
Fire
Marshal inspection fee. The Town Board, by resolution duly adopted
from time to time, shall establish or amend the fee to be paid for
the inspection of a portable generator by a Town Fire Marshal.
[Added 3-2-2023 by L.L. No. 3-2023]
F.
Issuance of permit. The Town Clerk shall countersign an approved application. The Town Clerk shall collect the fees calculated pursuant to Subsection E from the applicant. Payment of the permit fee shall be in the form specified in § 151-8. Upon payment of the permit fee, the Town Clerk shall issue the permit to the applicant. The permit shall set forth the name of the applicant, the location(s), date(s) and time(s) of the special event and any special conditions.
G.
The Town may deny an application for a permit under this chapter
after a review of the application, whenever a determination is made
that the proposed special event would violate any law or ordinance
or would unreasonably interfere with the public's use of public lands;
unreasonably interfere with the use and enjoyment of adjoining properties;
unreasonably impede the flow of vehicular or pedestrian traffic; be
detrimental to the community because of anticipated excessive noise,
illumination or other effect caused by the proposed assembly, including,
but not limited to, a potentially dangerous activity or creation of
a dangerous condition, such as the use of explosives, the use of stunts,
helicopters, firearms or simulated firearms, or otherwise endanger
the public's health, safety or welfare. Such denial shall be in writing
and shall specify the reasons for the denial.
H.
The Town reserves the right to impose additional and further requirements
up to and through the date or dates of the special event, as deemed
by the Town to be necessary to assure compliance with the requirements
and purposes of this chapter.
I.
The Town reserves the right to immediately revoke any permit issued
due to noncompliance with the requirements of the permit.
A.
In the event that the Chief of Police determines that police officers or traffic control officers will be necessary for the protection of the citizens or for the control of traffic during the special event, the applicant shall submit to the Town Clerk a fee for each day covered by the permit pursuant to Subsection F of § 151-5, and the Town Board, by resolution duly adopted, from time to time shall establish or amend such fee amount.
B.
If the Chief of Police determines that a traffic control fee will
be fully expended prior to the termination of the permit period, the
Chief of Police shall notify the Town Clerk. The Town Clerk shall
contact the applicant in writing and require payment of an additional
sum of money, said specific amount to be determined by the Chief of
Police based on the salaries and the number of hours to be worked
by the Town police and traffic control personnel. Said additional
traffic control fee shall be paid within seven days of said notice.
The applicant's failure to pay such additional fee within said seven-day
period shall result in the Town Clerk's providing the applicant with
written notice that the permit has been suspended and the date of
such suspension. The applicant's receipt of the Town Clerk's suspension
notice shall not be construed as altering the date of suspension set
forth in said written notice, the effective date of the suspension
being the day immediately following the completion of the seven-day
notice period.
C.
The procedure set forth in Subsection B may be repeated as necessary to ensure that the applicant pays for all costs incurred by the Town in providing traffic control services.
D.
After termination of the special event, the Chief of Police shall provide the Town Clerk with a statement regarding the actual cost to the Town of providing said police officers or traffic control officers. If the actual cost is less than the moneys that the Town has collected pursuant to Subsection A, B or C, the Town shall remit the balance to the applicant. If the actual cost is more than the moneys that the Town has collected pursuant to Subsections A, B or C, the applicant shall be responsible for providing the balance to the Town within 30 days of the permit period.
E.
The Chief of Police shall forward a copy of the statement of actual
cost to the Town Clerk, who will file said statement with the original
application form.
A.
Each applicant whose application has been approved shall give the
Town Clerk a check for a cleanup fee deposit for each location covered
by the permit, which check shall be held and not deposited by the
Town during the duration of the permit period. The Town Board, by
resolution duly adopted, from time to time shall establish or amend
such deposit fee amount.
[Amended 4-7-2022 by L.L. No. 7-2022]
B.
At the termination of the permit period, the Town Superintendent
of Parks and Recreation or the Town Superintendent of Highways, as
appropriate, shall inspect the locations listed on the permit and
determine if the locations require cleanup efforts by Town personnel.
C.
If cleanup is required, the Town Superintendent of Parks and Recreation or the Town Superintendent of Highways, as appropriate, will coordinate that effort. Said Superintendent will provide the Town Clerk with a statement setting forth the actual cost to the Town of providing said cleanup services. If the actual cost is less than the fee deposit collected pursuant to Subsection A, the Town shall remit the balance to the applicant. If the actual cost is more than the fee deposit collected pursuant to Subsection A, the applicant shall be responsible for providing the balance to the Town within 30 days of the termination of the permit period.
D.
If no cleanup is required, the Town Superintendent shall notify the
Town Clerk of that fact, and the Town Clerk shall promptly remit the
check to the applicant.
E.
A cleanup
deposit shall be required for public property events and parade walk
run events. The Town Board, by resolution duly adopted, from time
to time shall establish or amend the deposit amount.
[Added 4-7-2022 by L.L. No. 7-2022]
[Amended 4-7-2022 by L.L. No. 7-2022]
Any fee collected under this chapter shall be paid either in
cash or by check made payable to the Town of East Hampton and shall
be delivered to the Town Clerk. Each fee or deposit shall be paid
by separate check.
Other than the required fees, the Town shall not accept any
donations from the applicant in connection with the granting of the
permit. In addition, no Town official or employee shall make a recommendation
to the applicant regarding a donation to a third party.
The Town Board, upon consent of a majority of its members, after
due consultation, may authorize a waiver of the requirements and/or
limitations of this chapter whenever it determines that strict compliance
with such limitations or requirements will pose an unreasonable burden
upon the applicant and that such permit may be issued without endangering
the public's health, safety or welfare. In such instances, the Town
Board may attach additional conditions and safeguards to ensure the
orderly conduct of the activity and to minimize the impact of such
use.
A.
Once an assembly permit has been issued, any proposed amendment or
modification to the application by the applicant shall be filed with
the Town Clerk if any of the conditions have changed. Notice shall
be given to the Town Clerk not less than 15 days prior to the assembly.
Such changes may include, but are not limited to, the date of the
event, the location of the event, the location or route of the parade,
the number of attendees, or the addition of tents, alcohol, or fireworks.
B.
The Town may rescind an assembly permit issued pursuant to this chapter
at any time for the following reasons:
(1)
False information. The application is found to contain materially
false information.
(2)
Violation of existing law. The assembly is found to violate any law
of the Town of East Hampton, the County of Suffolk, the State of New
York or the United States of America.
(3)
Violation of recorded conditions or limitations. The permit is found
to be in violation of a restriction or limitation contained in a recorded
covenant, deed or other document.
(4)
Noncompliance with permit. The assembly is being advertised to be
held in violation of the permit issued therefor or is actually being
held in violation of the permit.
(5)
Substantive change in circumstances since the permit was issued:
(a)
The number of persons expected to attend the gathering is too
great in relation to the size of the premises;
(b)
Arrangements made to control traffic, parking, noise, lighting,
sanitary disposal and refuse disposal are insufficient;
(c)
The gathering will conflict with other events which might overtax
police and emergency services;
(d)
Because of conflicts with other events, the gathering will cause
vehicular or pedestrian congestion in a particular area of the Town
on the date in question;
(e)
The frequency of gatherings proposed or approved for the premises
is so great that the gatherings constitute a persistent usage of the
property incompatible with its character or with that of the surrounding
area;
(f)
The gathering will conflict with ordinary public use of the
land or facilities involved.
During the course of the special event, any authorized Town
Code enforcement official, peace officer or a police officer may suspend
any permit where public health or safety risks are found or where
exigent circumstances warrant such action.
The Town Clerk shall give notice to the Chief of Police, the
Chief Building Inspector, the head of the Ordinance Enforcement Department
and the Chief Fire Marshal, the Superintendent of Highways and the
Superintendent of Parks and Recreation of each permit issued pursuant
to this chapter.
A.
A permit holder shall be responsible for any damage to Town property
or facilities that may result from the permit holder's activities.
No alterations are to be made at special event sites, including, without
limitation, cutting trees, digging holes and trimming bushes, without
the express authorization of the Town Board.
C.
The applicant shall ensure that the assembly is held in conformance
with the permit and shall be responsible for the conduct of the assembly.
The applicant and the landowner shall prevent patrons, licensees and/or
invitees of the assembly, or those engaged in conducting the same,
from trespassing upon any adjoining property or premises.
Issuance of a permit pursuant to this chapter does not relieve
the permit holder of its duty to comply with all other Town local
laws, ordinances and regulations during the duration of the special
event. In addition to the permit required under this chapter, the
applicant shall obtain all other governmental permits or approvals
which are required for the assembly. Unless specific exemption is
obtained from the appropriate governmental authority, the assembly
shall be held in conformance with all Town, county, state and federal
laws. In the event any food service is provided, the applicant shall
be responsible to assure that the vendor is properly licensed by the
Suffolk County Department of Health Services and that any and all
approvals, if required, are obtained by the vendor for the assembly.
By way of example and not by way of limitation, the following Town
or Town Trustee permits shall be obtained where required:
A.
Permit from Fire Marshal. A permit shall be obtained from the Town Fire Marshal for the erection of a tent, display of fireworks or the setting of an outdoor fire pursuant to Chapter 141 of this Code.
C.
Trustee permit. A permit shall be obtained from the Trustees of the
Freeholders and Commonalty of the Town of East Hampton for any assembly
upon Trustee property which will include a structure (i.e., tent,
dance floor, platform, etc.). Applicants for assemblies upon Trustee
property which do not propose the installation of a structure shall
obtain a letter from the Trustees acknowledging the event is taking
place on lands within their jurisdiction and that no Trustee permit
is required for the gathering, or otherwise confirming that the assembly
is not proposed on Trustee property and no approval is needed. Issuance
of a Trustee permit where required is in addition to any and all other
permits referenced in this section.
[Amended 4-7-2022 by L.L. No. 7-2022]
Every application for a commercial, public property, and parade/walk-run
special event permit pursuant to this chapter shall include a certificate
of insurance that evidences a public liability insurance policy covering
the Town as an additional insured in the minimum amount of the $2,000,000
per occurrence for the duration of the special event. The Town Board,
by resolution duly adopted from time to time, shall establish or amend
the amount of insurance required. The applicant shall also submit
an indemnification agreement that states that the applicant agrees
to assume all liability for and will indemnify and hold the Town harmless
of and free from any and all damages that occur to persons or property
by reason of said special event.
The permit holder shall be required to have the permit available
for inspection by the Town Police Department, or its designees, at
the site of the special event for the duration of the permit period.
The following assemblies are prohibited in the Town of East
Hampton, and no permit shall be issued which would authorize these
assemblies:
A.
Circuses which include the use of any animals or animal acts.
B.
Carnivals, festivals or similar events which include mechanical rides,
unless the event is sponsored by a local charitable organization,
as the same is defined herein, based within the boundaries of the
Town, in which case one merry-go-round or carousel ride will be permitted,
and such assembly shall be deemed a gathering subject to all the provisions
of this chapter.
C.
Catered
events on Town beaches with more than 50 guests, unless the event
is sponsored by a local charitable organization as defined herein.
[Added 3-2-2023 by L.L. No. 3-2023]
A.
For the purposes of this section, the term "sign" shall have the meaning ascribed to it in Chapter 255, Zoning, of this Code.
B.
Nonilluminated signs advertising the gathering may be placed on or
off the premises no more than seven days prior to the event, provided
that:
(1)
Application for such signs was included in the permit application
and approved by the Town Board or its designee, and such signs are
placed in accordance with the approved application.
(2)
The signs are removed within three days after the event. If not removed,
the applicant shall be responsible to reimburse the Town for the costs
of removing the sign. Such costs shall be deducted from any security
deposit held by the Town, if any, and any deficiency, if any, shall
be paid by the applicant within 30 days of the mailing of a notice
to the applicant at the address provided in the application.
Any person who violates any provision of this chapter shall
be guilty of a violation and shall, upon conviction, be subject to
the imposition of a fine in accordance with the following schedule
for each violation. Each day that a violation continues shall be deemed
a separate offense.
A.
For the first offense, a fine of not less than $500 nor more than
$2,000 for each offense, plus any costs incurred by the Town as a
result of the violation(s).
B.
For a second offense within a three-year period, a fine of not less
than $1,000 nor more than $5,000 for each offense, plus any costs
incurred by the Town as a result of the violation(s).
C.
For a third and subsequent offense within a three-year period, a
fine of not less than $2,500 nor more than $15,000 for each offense,
plus any costs incurred by the Town as a result of the violation(s).
D.
Any person or entity found by the Bureau of Administrative Adjudication to have violated any of the provisions of Chapter 151 or to have failed to respond to a summons charging the same within 15 days of issuance, shall likewise be subject the following Fine and Penalty Schedule:
[Added 6-2-2022 by L.L. No. 17-2022; amended 6-1-2023 by L.L. No. 11-2023]
