[HISTORY: Adopted by the Town Board of the
Town of Babylon 12-9-1969.[1] Section 79-5 amended at time of adoption of Code;
see Ch. 1, General Provisions, Art. I. Other amendments noted where
applicable.]
[Amended 10-19-1976; 4-5-1977]
A.
To preserve public peace and good order and to prevent
tumultuous assemblages, all carnivals, circuses, sideshows and public
outdoor shows are prohibited in the Town.
B.
Bazaars and fairs, which are under the sole management
and for the profit of local fraternal, charitable or religious organizations,
are exempted from the provisions herein or in the foregoing of this
chapter; however, a permit therefor is still required and must be
issued by the Town Board.
[Amended 6-2-1992]
C.
Nothing herein shall prohibit a fair or bazaar from
providing within such event manually operated or mechanically operated
devices in which human beings are carried or propelled, commonly known
as "amusement rides," provided that no amusement rides which are capable
of carrying persons in each seat or space thereon weighing in excess
of 75 pounds for each space or seat on said device shall be permitted
at any fair or bazaar. The number of such amusement rides shall not
exceed four at any fair or bazaar at any one time, and no other such
devices of any weight, regardless of weight limitation or carrying
capacity, shall be permitted. A fair or bazaar under the sole management
and for the profit of local fraternal, charitable or religious organizations
may operate manually or mechanically operated devices in which human
beings are carried, commonly known as "amusement rides" without limit
as to number of rides or weight limitation in each seat or space,
provided that such fraternal, charitable or religious organizations
shall operate such fair or bazaar upon property solely owned by such
organization or on property owned by any governmental subdivision,
fire district or school district with the express written consent
of said governmental subdivision, fire district or school district.
[Amended 7-14-1992]
No permit for a fair or bazaar shall be issued
for any activity, which in the judgment of the Town Board will unduly
disturb the order and peace of the Town or will be immoral or improper,
and any permit may be conditioned upon compliance with terms that
the Town Board deems proper to ensure proper sanitation, to prevent
undue noise, to prevent fire hazards and to protect the public health,
safety and welfare.
[Amended 6-2-1992]
A.
Contents. All applications to the Town Board for permits
for fairs or bazaars shall be in writing and shall include the following:
the application shall supply names, addresses and the telephone numbers
of two authorized officers or directors, who will be responsible for
and can be contacted during the operation of the event and who shall
both sign said application; the application shall set forth the nature
of the affair; that the same is for charitable purposes; the hours
of operation of the affair and exact dates of operation; the exact
location where the affair is to be conducted; a signed statement as
to toilet and waste disposal facilities; a notarized letter signed
by the property owner stating the nature, extent and duration of the
event and granting the applicant permission for the use of the property;
a certificate of public liability insurance of not less than $1,000,000
for bodily injury and $200,000 for damage to property, naming the
Town of Babylon as an additional insured. Said certificate of insurance
shall be noncancellable without 10 days' prior written notice to the
Town Clerk.
B.
Upon filing the application, the applicant must furnish
a two-thousand-dollar surety bond, cash or certified check to the
Town Clerk to ensure that the applicant will clean the area and put
the property in order at the conclusion of the amusement event. If
the applicant fails to clean and restore the amusement area or if
damage is done to public or private property as a result of said amusement
event, the Town Clerk may apply the bond, cash or check to the cost
of cleanup or restoration and may recover from the organization such
additional costs as may be incurred.
Upon the due filing of the application and information as provided in § 79-3 and any bonds that may be required, the Town Board may, upon its approval of such application, direct the Town Clerk to issue a permit to the applicant.
[Amended 5-7-1985 by L.L. No. 1-1985]
A permit issued as provided herein shall not
be transferable. Any holder of such permit who allows it to be used
by any other person and any other person who uses such permit granted
as provided herein shall each be guilty of a violation of this chapter.
A permit issued as provided herein may be issued
for a term not to exceed one year, but every permit so issued shall
specify the exact term and period of time for which it shall be issued.
All permits issued as provided herein shall
be exhibited upon the demand of any peace officer, police officer,
health officer, fire chief or member of the Town Board.
[Amended 1-2-2020 by L.L. No. 2-2020]
The Town Clerk may establish a schedule of fees,
to be collected for services rendered in connection with the work
of her department and administration of this chapter and for which
she deems it necessary to charge and collect.
The Town Board, with or without notice to the
permittee, at any time for a violation of this chapter or any other
ordinance of the Town or any other law, may revoke any permit issued
hereunder. Notice of such revocation and the reason or reasons therefor,
in writing, shall be caused to be served by the Town Clerk personally
or by mailing the same to the address of the applicant as given in
the application. A copy of such notice of revocation shall be filed
in the office of the Town Clerk.
