[HISTORY: Adopted by the Board of Trustees of the Village
of Poquott 7-8-2021 by L.L. No. 4-2021. Amendments noted where applicable.]
The Board of Trustees of the Village of Poquott being concerned for the health, safety and welfare of the residents of the Village of Poquott and the public that otherwise are within the jurisdiction of the Village of Poquott, and being cognizant of the difficulties in the contraction and gatherings of persons in public places has enacted this Chapter 41.
As used in this chapter, the following terms shall have the
meanings indicated:
A person, group of persons, partnership, association or corporation,
or any combination thereof, which maintains, conducts, promotes or
operates on any public lands or public property or makes any use thereof
for the purposes of mass public gatherings or assembly or gathering
of four or more people in attendance, with or without the levy of
an admission fee; however, the term shall not apply to the official
operations, activities, affairs or events held or sponsored by the
Incorporated Village of Poquott.
An organized procession, except funeral processions, upon
any public street, sidewalk or alley.
Any march or procession consisting of people, animals or
vehicles, or combination thereof, except funeral processions, upon
any public street, sidewalk, or alley.
An assembly of persons upon any public street, sidewalk or
alley which impedes or tends to impede pedestrian or vehicular traffic.
The Poquott Village Board of Trustees.
A.
Mass assembly permit (Board of Trustees). No person, group of persons,
partnership, association or corporation, or any combination thereof,
shall maintain, conduct, promote or operate on any public streets
or lands or public property, or any part thereof for the purposes
of a mass public gathering, assembly, march, demonstration, parade,
procession, motorcade, foot race, marathon, walk-a-thon, bicycle race,
bicycle tour, bike-a-thon or other similar organized event consisting
of persons, animals or vehicles, or a combination thereof, except
pursuant to a permit issued by the Board of Trustees of the Village
of Poquott as hereinafter provided.
B.
No person shall authorize or engage in any mass public gathering,
assembly, march, demonstration, parade, procession, motorcade, foot
race, marathon, walk-a-thon, bicycle race, bicycle tour, bike-a-thon
or other similar organized event consisting of persons, animals or
vehicles, or a combination thereof, upon any street or public grounds
in the Village without first having obtained a permit from the Village
Board of Trustees and approval of the Suffolk County Police Department,
if such approval is required.
C.
An application for a mass assembly permit shall be made in writing
to the Village on a form provided by the Village or otherwise in writing
not less than 30 days before the mass assembly is to occur, except
in exigent circumstances where 30 days' notice could not be provided.
D.
Exemptions. No provision of this chapter shall apply to traditional
family gatherings limited to specifically invited guests in which
a Poquott Village resident has applied for and received a permit for
the use of a Poquott Village park, playground or other public area.
This chapter shall not apply to any gathering or assembly sponsored
or conducted by the Incorporated Village of Poquott. The Board of
Trustees may, by resolution at any meeting of the Board, enlarge the
exemptions described in this section as it deems necessary on a case-by-case
basis.
The application shall state:
A.
Description of event and location or premises where event is requested
to be located.
B.
The number of persons expected to attend such event and the location
thereof.
C.
The date or dates thereof.
D.
The duration of the event.
E.
Emergency first-aid plan.
F.
Parking plan. Provide a plan for the parking of cars by attendees
and the ingress, egress of vehicles in the Village. Poquott Village
law prohibits the parking of cars on all roadways within the Village.
The issuance of a mass assembly permit does not automatically confer
the authorization for on-street parking or parking without a permit
within the Village.
G.
Provisions for public safety and police for traffic control and the
supervision of those persons attending the event.
H.
Any other information deemed necessary by the Village Board.
A.
Standards for issuance. The permit may be issued for a parade, motorcade,
public assembly or other mass gathering, conditioned upon the applicant's
written agreement to comply with the terms of such permit, unless
it is found that:
(1)
The time, route and size of the parade, motorcade, public assembly
or mass gathering will disrupt to an unreasonable extent the movement
of other vehicular and pedestrian traffic.
(2)
The parade, motorcade, public assembly or mass gathering is of a
size or nature that requires the diversion of so great a number of
police officers to properly police the line of movement and the areas
contiguous thereto that allowing the parade, motorcade, public assembly
or mass gathering would deny reasonable police protection to the Village.
(3)
Such parade, motorcade, public assembly or mass gathering will interfere
with another parade, motorcade, public assembly or mass gathering
for which a permit has been issued.
(4)
The Board of Trustees may require a different location for the mass
assembly in its approval of the application for a mass assembly permit.
B.
Standards for denial. The permit shall be denied for a parade, motorcade,
public assembly or mass gathering permit, and the applicant notified
of such denial where:
(1)
There is a finding contrary to those required to be made for the
issuance of a permit.
(2)
The information contained in the application is found to be false
or nonexistent in any material detail.
(3)
The applicant refuses to agree to abide by or comply with all conditions
of the permit.
(4)
The Village Board has determined that the issuance of such a permit
will place the safety of the public or Village property at risk.
Any permit for a parade, motorcade, public assembly or other
mass gathering pursuant to this chapter may be summarily revoked by
the Board of Trustees, Village Code Enforcement, Suffolk County Police
Department, or Town Fire Marshal at any time, where:
A.
It has been determined 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.
B.
If conditions exist that endanger the health, safety or welfare of
those in attendance or any member of the public, or endanger any public
or private property, or it is determined that any local, county or
state law has been violated.
Participation; interference.
A.
No person shall knowingly join or participate in any parade, motorcade,
public assembly or mass gathering conducted under permit in violation
of any terms of said permit nor knowingly join or participate in any
permitted parade, motorcade, public assembly or mass gathering without
the consent and over the objection of the permittee nor in any manner
interfere with its progress or orderly conduct.
A.
Liability insurance. Prior to the issuance of a mass gathering permit,
the Village may require the applicant to 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, in the sum of $1,000,000,
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. The Village Board may establish a higher or lower
amount of insurance protection for a specific permit in its sole discretion.
B.
Cost reimbursement. In addition to any permit fee and 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 Village Board may require the applicant
to reimburse or secure the reimbursement to the Village for the costs
of increased police protection, public safety oversight, and public
works facilitation, including any additional equipment, as may be
deemed necessary by Village personnel to adequately and safely control
and protect the persons attending the event, the event area and traffic
in and around the event area.
C.
Security instrument. The Village Board 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 that the Village is reimbursed for its costs or to ensure
adequate cleanup of the property after the event. The Board shall
set the amount of the required security by resolution, and, in such
event, no permit shall be issued until the security has been provided
to the Village Administrator and approved by the Village Attorney.
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.
If a tent is proposed for the event, the applicant shall provide
a written statement by the owner of the premises that unless otherwise
approved in writing by the Village after the permit is issued, all
tents shall be removed within 48 hours following the permitted event,
and no tents shall be erected more than 48 hours prior to the permitted
event; and in no event will the applicant use any such tent or tents
or allow anyone else to use any such tent or tents at any time or
for any purpose other than at the time and for the purpose of the
permitted event. Furthermore, all Poquott Village Codes and New York
State Building Codes shall apply to all tents and structures. Any
violation of such an agreement shall be deemed a violation of a provision
of this chapter by the applicant.
E.
Additional requirements. The Village may condition the benefit conferred
by said permit 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.
A.
In addition to revocation, suspension or any of the remedies available
to the Village, any action by any person, organization, corporation,
group or other entity which violates or does not comply with any provision
of this chapter shall be punishable by a fine of not less than $250
or not more than $2,500, for any such violation.
B.
Each continuing day of violation of this chapter shall constitute
a separate offense.
C.
In addition to the above-provided penalties, the Village may also
maintain an action or proceeding in the name of the Village in a court
of competent jurisdiction to penalize, compel compliance with, or
to restrain by injunction any violation of this chapter.
