Town of Babylon, NY
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2023-12-20
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Part II: General Legislation
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Chapter 161 Party Houses
- Part I: Administrative Legislation
- Ch 1 General Provisions
- Ch 4 Assessor, Department of
- Ch 6 Attorney, Department of
- Ch 10 Clerk, Department of
- Ch 13 Comptroller, Department of
- Ch 15 Department of Public Safety Enforcement
- Ch 18 Environmental Conservation Commission
- Ch 20 Environmental Control, Department of
- Ch 22 Escrow Account, Town Attorney
- Ch 23 Ethics, Code of
- Ch 25 Fire Districts
- Ch 27 General Services, Department of
- Ch 31 Human Services, Department of
- Ch 35 Meetings
- Ch 37 (Reserved)
- Ch 42 Ordinances, Publication of
- Ch 44 Parks, Recreation and Cultural Affairs, Department of
- Ch 47 Personnel Policies
- Ch 48 Civil Service, Department of
- Ch 49 Planning and Development, Department of
- Ch 50 Abolishment of Office of Superintendent of Highways
- Ch 51 Public Works, Department of
- Ch 53 Receiver of Taxes, Department of
- Ch 57 Sanitation Commission
- Ch 59 Streets, Procedure for Abandonment of
- Ch 60 Town Board, Office of
- Ch 61 Ward Districts
- Ch 65 Town Supervisor, Department of
- Ch 66 Administrative Adjudication, Bureau of
- Ch 67 Carlls River Botanical Garden Board
- Part II: General Legislation
- Ch 74 Alcoholic Beverages
- Ch 76 Amusement Devices
- Ch 78 Anti-Bias Task Force and Hispanic/Latino Advisory Committee
- Ch 79 Bazaars and Fairs
- Ch 81 Beaches and Recreational Areas
- Ch 82 Bidding Preferences
- Ch 84 Bingo
- Ch 85 Block Parties; Public Assembly Permits; Use of Sound Equipment
- Ch 86 Boats
- Ch 89 Building Construction
- Ch 92 Buildings, Unsafe
- Ch 93 Board of Grievances and Appeals
- Ch 94 Cabarets and Dance Halls
- Ch 97 Civil Service Examinations
- Ch 99 Coastal Erosion Hazard Areas
- Ch 101 Consumer Protection
- Ch 106 Dogs and Other Animals
- Ch 107 Domestic Partnership Registry
- Ch 108 Dredging
- Ch 112 Electrical Standards
- Ch 114 Environmental Quality Review
- Ch 117 Excavations
- Ch 118 Expeditors
- Ch 121 Firearms
- Ch 123 Fire Prevention
- Ch 125 Flood Damage Control
- Ch 128 Freshwater Wetlands
- Ch 130 Games of Chance
- Ch 133 Solid Waste Management
- Ch 136 Graffiti
- Ch 137 Historic Areas, Preservation of
- Ch 138 Housing Standards
- Ch 141 Ice Cream Vending
- Ch 143 (Reserved)
- Ch 144 Landscapers
- Ch 145 Bamboo
- Ch 146 Littering
- Ch 148 Massage Establishments
- Ch 149 Memorial and Independence Day Sales
- Ch 153 Multiple Dwellings
- Ch 156 Noise
- Ch 157 Notice and Certificates of Assessment
- Ch 158 Notification of Defects
- Ch 161 Party Houses
- § 161-1 Legislative intent.
- § 161-2 Definition of "party house".
- § 161-3 Party houses prohibited.
- § 161-4 Penalties for violations.
- § 161-5 Seizure and forfeiture of sound equipment.
- Ch 162 Pawnbrokers and Secondhand Dealers
- Ch 165 Peace and Good Order
- Ch 166 Personal Property, Sale of
- Ch 167 Peddlers, Solicitors and Canvassers
- Ch 170 Plumbing
- Ch 173 Public Assembly Places
- Ch 176 Records, Public Access to
- Ch 178 Retail Establishments
- Ch 180 Taxicabs and Vehicles for Hire
- Ch 181 Sewers
- Ch 183 Shellfish
- Ch 186 Site Plan Review
- Ch 189 Stormwater Management and Erosion and Sediment Control
- Ch 190 Storm Sewers: Illicit Discharges, Activities and Connections
- Ch 191 Streets and Sidewalks
- Ch 195 Taxation
- Ch 198 Towing
- Ch 200 Trailer Camps
- Ch 202 (Reserved)
- Ch 204 Traffic Violations Bureau
- Ch 205 (Reserved)
- Ch 207 Vehicles and Traffic
- Ch 209 Vehicles, Off-Road
- Ch 210 (Reserved)
- Ch 211 Water
- Ch 213 Zoning
- Ch 215 Land Use Regulations, Adoption of
- Appendix
- Ch A217 Recreational Fees
- Disposition List
- Ch DL Disposition List
- Traffic Code
- Part I: The Traffic Law
- Ch TC-1 General Provisions
- Ch TC-2 Traffic Regulations
- Ch TC-3 Parking Regulations
- Ch TC-4 Off-Street Parking Areas
- Ch TC-5 Commercial Vehicles; Weight Limits
- Ch TC-6 Removal and Storage of Vehicles
- Ch TC-7 Counterfeit Beach Pass
- Part II: The Schedule
- Sch A Traffic Control Signals
- Sch B Prohibited Turns
- Sch C U-Turns
- Sch D One-Way Streets
- Sch E Parking Area Exits and Entrances
- Sch F Lane Use Designations
- Sch G No Passing Zones
- Sch H Stop and Yield Intersections
- Sch I Exceptions to General Speed Limit
- Sch J School Speed Limits
- Sch K Parking, Standing and Stopping Restrictions
- Sch L Private Parking Fields
- Sch M Town Parking Fields
- Sch N Truck Exclusions
- Sch O Bridges and Elevated Structures
- Sch P School District Parking Fields
- Sch Q Special Truck Exclusions
- Traffic Code Disposition List
- Ch TC-DL Disposition List
[HISTORY: Adopted by the Town Board of the Town of Babylon 8-30-2023 by L.L. No. 17-2023. Amendments noted where applicable.]
The Town Board finds that there has been a proliferation of
commercial gatherings in dwelling units that threaten both the public
safety and the quiet enjoyment of residential neighborhoods due to
excessive noise, traffic obstruction, public drunkenness, fights,
vandalism and litter. The Town Board has therefore determined that
it is necessary to prohibit such "party houses" as provided below.
A "party house" is a single-family, two-family, or multifamily
dwelling unit, including all accessory structures and the dwelling
unit's curtilage, which is used for the purpose of hosting a
commercial event. For purposes of this definition, commercial event
includes parties, ceremonies, receptions or similar large-scale gatherings
in all or part of the dwelling unit where a fee is charged for the
use of all or part of the dwelling unit, whether or not the attendees
are charged entry to the event; or parties, ceremonies, receptions
or similar large-scale gatherings where attendees are charged for
entry. However, commercial event does not include any event hosted
by a not-for-profit entity or any other entity exempt from the payment
of federal taxes pursuant to Section 501 of the Internal Revenue Code.
It shall be unlawful to own or operate a party house in the
Town of Babylon, to facilitate the operation of a party house in the
Town of Babylon, to advertise the availability of any dwelling unit
in the Town for Babylon for use as a party house, or to advertise
any commercial event occurring at a party house in the Town of Babylon.
The owner of any property which is used as a party house is presumed
to know that the property is being used as a party house.
Any individual violating § 161-3 shall be guilty of an offense which, upon conviction, is punishable by a fine of not less than $500 and not more than $5,000 or by imprisonment for a period not to exceed six months, or both. Any person or entity found by the Bureau of Administrative Adjudication to have violated § 161-3 shall likewise be subject to a monetary penalty in an amount within the range of fines authorized herein for a criminal offense.
The Town of Babylon may seize any sound equipment used in the
operation of a party house and such equipment may be forfeited as
hereinafter provided. It shall be the duty of the Babylon Town Attorney
to inquire into the facts of any such seizure and, where appropriate,
to commence forfeiture proceedings in the Supreme Court within 30
days of the date of the seizure. Where the Babylon Town Attorney decides
that a forfeiture proceeding cannot be sustained or that the ends
of public justice do not require that a forfeiture proceeding be instituted,
the Babylon Town Attorney shall cause such seized sound equipment
to be returned to the owner thereof. Forfeiture shall not be adjudged
where the Town fails to establish by a preponderance of the evidence
that the seized sound equipment was used in the operation of a party
house.
