Town of East Hampton, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of East Hampton 11-6-2014 by L.L. No. 37-2014.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 151, Gatherings, Mass, adopted 1-16-1997 by L.L. No. 4-1997, as amended.

§ 151-1 Title.

This law shall be known and may be cited as the "Town of East Hampton Public Assemblies Law."

§ 151-2 Authority.

This local law is enacted pursuant to the powers granted the Town in Article IX of the New York Town Law and pursuant to the powers granted to the Town under the Municipal Home Rule Law and the Statute of Local Governments to regulate the use of public streets, highways, sidewalks, parks, beaches and other public places, and to preserve the public peace and good order of the Town of East Hampton.

§ 151-3 Purpose.

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 can 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.

§ 151-4 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ASSEMBLY
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.
ASSEMBLY PERMIT
A permit for an assembly as defined in this chapter. Assembly permits shall be of four categories:
A. 
Residential assembly permit: a permit for an assembly of 50 persons or more upon a property which is zoned for or actually used as a residence.
B. 
Commercial assembly 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:
(1) 
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;
(2) 
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;
(3) 
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;
(4) 
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;
(5) 
The erection of a tent upon the premises;
(6) 
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.
C. 
Public property assembly permit: a permit for an organized assembly of more than five persons upon a property which is a public park, beach, or other property which is open to the public.
D. 
Parade assembly permit: an assembly permit for a parade as defined herein.
CHARITABLE ORGANIZATION
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, Elks, Rotary Club, Knights of Columbus, 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.
CIRCUS
A public entertainment consisting typically of a variety of performances by acrobats, clowns, and trained animals.
COMMERCIAL PREMISES
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.
DESIGNATED AGENT
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.
EXPRESSIVE ACTIVITY
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, Section 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.
PARADE
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.
PUBLIC AMENITY
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.
PUBLIC PROPERTY
Property of the Town, Town Trustees, or other governmental agency.
SOCIAL EVENT
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.

§ 151-5 Permit required.

A. 
No owner, lessee or any other person claiming a right or interest in 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 permit for the assembly has been issued by the appropriate Town official(s).
B. 
No person, group, entity or organization shall organize or conduct a parade, 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, without first having obtained a written parade permit from the appropriate Town officials.

§ 151-6 Exemption from permit requirements.

The following shall be exempt from the requirements of a written assembly 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 the organizers provide the Town Clerk with written notice at least 48 hours in advance if more than 50 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 255 and held upon the property of the person conducting the sale.
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.
[Added 4-21-2016 by L.L. No. 15-2016]

§ 151-7 Procedures for submission of assembly permit applications.

A. 
Time for submission.
(1) 
Applications for permits for assemblies of 50 to 100 persons shall be submitted at least 15 business days prior to the event.
(2) 
Applications for permits for assemblies of more than 100 but less than 250 persons shall be submitted at least 30 days prior to the event.
(3) 
Applications for permits for assemblies of 250 persons or more shall be submitted at least 60 days prior to the event.
B. 
Guidelines for specific permits.
(1) 
Residential assembly permit:
(a) 
A permit for an assembly on residential property shall be required for any assembly of 50 persons or more, unless otherwise exempted herein, to assure that the assembly is conducted in a manner which minimizes the impact of the assembly upon neighboring property owners and Town resources. Residents are entitled to the quiet enjoyment of their properties, and the Town desires to minimize the impact to a resident's quiet enjoyment from assemblies occurring on other residential properties.
(b) 
Applications for permits for assemblies of less than 250 persons may be reviewed and approved by the Town administratively. Permits for assemblies of up to 100 persons may be issued by the Town Clerk. Permits for assemblies of more than 100 persons and less than 250 persons may be issued by the Town Clerk after review and recommendation by the permit review committee. Permits for assemblies of 250 or more persons shall be approved by the Town Board upon review and recommendation by appropriate Town officials.
(c) 
Information required. All applicants for residential assembly permits shall provide the following information with their application. Application shall be made on the application form furnished by the Town Clerk.
[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 location of the proposed assembly.
[3] 
The date, time and duration of the proposed assembly.
[4] 
The number of expected attendees.
[5] 
If any parking is proposed on any public or private street, the number of anticipated cars to be parked on the street.
[6] 
If off-site parking is proposed, the location of such parking area(s), and any restrictions or limitations upon such off-site parking location(s), including restrictions and limitations contained in any deed or covenant, and any natural feature(s) 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.
[7] 
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.
[8] 
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.
[9] 
If any outdoor music, live or recorded, will be provided, and the hours of the same. The issuance of an assembly permit does not allow for deviation from the Town's established regulations for noise decibel limits.
[Amended 7-12-2016 by L.L. No. 27-2016]
[10] 
The sanitary facilities that will be available to attendees at the residence.
[11] 
Whether any additional sanitary facilities are proposed, and if so, specify what is proposed, and where the same is to be located.
[12] 
If food service is provided by commercial vendors, the name and address of the vendor.
[13] 
If security is to be provided, the name of the security company and a contact person and number for the same.
[14] 
Whether alcohol is to be served at the assembly.
[15] 
A name and contact number of a responsible party who will be available to Town officials at the time of the event.
[16] 
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.
[17] 
The name of the designated agent.
(2) 
Commercial assembly permits:
(a) 
Permits issued for an assembly on commercial premises can have differing impacts from events held upon residential properties for various reasons. Commercial premises are limited in their use by the conditions imposed upon those properties under the site plan approvals issued for those properties, special permits, the uses permitted under their certificates of occupancy, or the historic and traditional use of such premises as determined by the Building Inspector or the Zoning Board of Appeals (collectively referred to as "existing approvals"). Permitting assemblies which are not consistent with existing approvals on a frequent basis on these categories of properties can result in activities on the site that conflict with the site's approved uses, exceeding the property's permitted capacities for parking, occupancy, noise, sanitary flow and garbage disposal as well as impacting upon the Town's natural and public resources. Depending upon the proximity of such proposed assemblies to residential uses, such assemblies may also impact the peaceful enjoyment of neighboring residents and the community as a whole. For these reasons, additional requirements for review and limitations may be placed upon these properties.
(b) 
Limitations upon commercial assembly permits.
[1] 
Only assemblies which are sponsored by a valid charitable organization, as defined herein, an assembly which meets the definition of a social event as defined herein, or an assembly which is deemed by the Town Board to be a public amenity may be held upon commercial premises. The Town shall have the right to examine all agreements and other information as it may reasonably require to assure itself that the sponsoring organization is receiving the proceeds of the assembly after deducting the actual and reasonable costs, including costs for food, beverages, entertainment and management. The purpose of this verification shall be to assure that the charitable organization is not serving merely as a "sponsor" to facilitate the occurrence of an assembly which results in profits to an individual or for-profit entity not otherwise permissible under the provisions of this chapter.
[2] 
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:
[a] 
Assemblies shall be limited to assemblies which are sponsored by a valid charitable organization, or to an activity deemed by the Town Board to be a public amenity.
[b] 
No assemblies shall include the sale of goods or sale of food on site unless the same are sold by a valid charitable organization.
[c] 
An assembly 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.
[3] 
Farmer's markets excluded. Notwithstanding any other provision of this chapter, the retail sale of agricultural products directly to the public by individual vendors, commonly referred to as a "farmer's market," shall be permitted to take place upon a commercial premises, subject to the issuance of a permit, provided the following requirements are met:
[a] 
The commercial premises are not otherwise utilized by the businesses legally occupying the site at the time the market is operational;
[b] 
No fees are paid by the individual vendors participating in the market for the use of the commercial premises.
(c) 
Application for permit. Applications for commercial assembly permits shall include the following to the extent applicable:
[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 survey or sketch map of the assembly location together with the Tax Map number of the property.
[4] 
A 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.
[5] 
On-site sanitary facilities available to attendees.
[6] 
Proposed additional sanitary facilities, if any, and a description of the same and their location on the site.
[7] 
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.
[8] 
If security is to be provided, the name of the security company and a contact person and number for the same.
[9] 
Proposed security plan for the assembly. (Security plans shall not be made publicly available.)
[10] 
Proposed medical and emergency plans and personnel.
[11] 
Proposed outdoor music, live or recorded, and a description of the proposed music, including the starting time and duration.
[12] 
Whether any alcohol will be served at the premises. A special event license from the State Liquor Authority may be required.
[13] 
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.
[14] 
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.
[15] 
Whether any additional outdoor lighting is proposed, and a description of the proposed lighting together with the location of the same.
[16] 
The zoning of surrounding properties.
[17] 
The proximity of the nearest residential structures.
[18] 
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.
[19] 
A name and contact number of a responsible party who will be available to Town officials at the time of the event.
[20] 
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.
[21] 
The name of the designated agent.
(3) 
Assemblies upon public property. Assemblies of five persons or more in which attendees have paid a fee for participation upon public properties are of concern to the Town due to their ability to impact upon the general public's use and enjoyment of the Town's resources. Such assemblies can interfere with the public's use of public property, and large assemblies can limit, or in some cases exclude, the public from access to public streets, highways, parks and beaches.
(a) 
In the interest of maintaining availability of all of the Town's resources to all members of the community, limitations are imposed upon assemblies proposed on public properties as hereafter set forth.
[1] 
Beaches:
[a] 
Unless utilized as part of an event held by valid charitable organization 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 the 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 deems to unreasonably impede the use of the premises by the general public shall not be permitted.
[2] 
Parks and other municipal properties.
[a] 
Permits for public assemblies upon parkland and other municipal properties shall be permitted at the sole discretion of the Town Board for social events, assemblies sponsored by a valid charitable organization, or an activity deemed by the Town Board to be a public amenity.
[b] 
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.
[c] 
No structures shall be permitted unless expressly approved by the Town Board.
[d] 
No assemblies that the Town Board deems to unreasonably impede the use of the premises by the general public shall be permitted.
[e] 
No assemblies shall include the provision of alcoholic beverages.
(b) 
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.
(c) 
Application for assembly permits on public property. Applications for assembly permits on public property shall include the following:
[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 name, address and contact person for the sponsoring organization, which must be a valid charitable organization as defined herein;
[3] 
The proposed date, time and duration of the event;
[4] 
An outline or sketch map of the proposed event;
[5] 
A 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;
[6] 
Proposed traffic control and security plans (Security plans shall not be made publicly available.);
[7] 
Proposed medical and emergency plans and personnel;
[8] 
Proposed outdoor loudspeakers, locations and purpose;
[9] 
The number of anticipated attendees;
[10] 
Whether any additional outdoor lighting is proposed, and a description of the proposed lighting together with the location of the same;
[11] 
If a tent is proposed, the size and placement of the tent. 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;
[12] 
If security is to be provided, the name of the security company and a contact person and number for the same;
[13] 
A name and contact number of a responsible party who will be available to Town officials at the time of the event;
[14] 
The name of the designated agent.
(4) 
Parades:
(a) 
Applicability. A parade assembly permit shall be required for assemblies which take place upon public streets and highways and multiple properties owned by a municipal entity.
(b) 
Limitations on parade assembly permits. Parades must be held by valid charitable organizations.
(c) 
Application requirements:
[1] 
The applicant's name, mailing address and telephone number, with a statement of the applicant's relationship to any sponsoring organization; the proposed date, time and duration of the event.
[2] 
A survey or sketch map of the parade route.
[3] 
A 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.
[4] 
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.
[5] 
If security is to be provided, the name of the security company and a contact person and number for the same.
[6] 
Proposed security plan for the assembly. (Security plans shall not be made publicly available.)
[7] 
Proposed medical and emergency plans and personnel.
[8] 
Proposed outdoor music, or loudspeakers; location and times of operation.
[9] 
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.
[10] 
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.
[11] 
Whether any additional outdoor lighting is proposed, and a description of the proposed lighting together with the location of the same.
[12] 
A name and contact number of a responsible party who will be available to Town officials at the time of the event.
[13] 
The name of the designated agent.

§ 151-8 Assemblies on multiple days.

Assemblies may take place over a period of more than one day. All days shall be clearly set forth, and the Town Board shall have the right to approve some dates and deny others.

§ 151-9 Additional information.

An application for an assembly permit shall contain such other information as the Town Board and/or its designee(s) may specify in the application form or which, in the case of a gathering of more than 250 persons, the Town Board may reasonably require. Such additional information may include but not be limited to additional information regarding vehicular and pedestrian access to the gathering (including provisions for handicapped access), parking of vehicles, use of music (indoors or out), use of exterior lighting, use of generators, use of signs on or off the premises, erection of structures and disposal of refuse, and in the case of a gathering which benefits a "charitable organization," as defined in § 171-a of the Executive Law, this additional information may include but shall not be limited to a statement of the anticipated portion of the sales price, anticipated percentage of the gross proceeds, anticipated dollar amount per purchase or other consideration or benefit which the charitable organization will receive.

§ 151-10 Fees.

Fees for the processing of applications, and to cover the costs to the Town for additional traffic and crowd control off site, may be charged at the discretion of the Town Board.
A. 
Application fee. Application fees for assemblies shall be established and amended, from time to time, by resolution of the Town Board and shall be effective as stated in such resolution(s). The Town Board shall be free to establish differing fees for different types of assemblies, and to waive the fees by resolution when the Board deems appropriate. In addition to a permit application fee, the following fees shall be paid to the Town if required.
B. 
Impact fee.
(1) 
In the event that Town determines that its personnel will be necessary for the protection of the citizens or for the control of traffic during the assembly, the applicant shall submit a fee, by certified or official bank check, equal to the estimates submitted by each department for each day covered by the permit to be paid in full prior to said assembly. However, the Town Board may waive all or part of this fee at its discretion if it determines the event is of appropriate public benefit to the Town.
(2) 
Return of surplus or payment of deficiency. After termination of the assembly, the Town shall provide the applicant with a statement regarding the actual cost to the Town of providing said personnel. If the actual cost is less than the moneys that the Town has collected, the Town shall remit the balance to the applicant. If the actual cost is more than the moneys that the Town has collected, the applicant shall be responsible for providing the balance to the Town within 30 days of the termination of the assembly.
C. 
Security deposits.
(1) 
The Town Board may, in its discretion, require the applicant to provide the Town with a certified or official bank check in the amount to be determined by the Town to be sufficient to assure that any and all excess costs not prepaid are adequately covered and to assure that the site of any assembly, if on public property, is restored to the condition it was in prior to the assembly.
(2) 
If after the assembly additional traffic control fees are due and owing the Town and/or an inspection by the Town reveals that the site was not left in the same condition it was in prior to the event, the Town shall utilize such security fee as compensation for the additional costs incurred by the Town, and to the extent that any deficiency exists, the applicant shall be responsible for providing the balance due the Town within 30 days of the termination of the assembly.

§ 151-11 Insurance requirements.

Applications for assemblies that occur on other than private property or which occur on private property but also include the use of public property, including any streets and highways or other municipal property, shall include indemnification and insurance as follows:
A. 
A certificate of general liability insurance in a form acceptable to the Town Attorney which has a minimum coverage for liability and property damage in the amounts set forth below:
(1) 
For assemblies of under 100 persons, $500,000 ($250,000 property damage) unless otherwise approved by the Town Board.
(2) 
For assemblies of 100 or more, $2,000,000, subject to such additional coverage as the Town Board may determine appropriate.
B. 
The required minimum coverage may be provided by way of a base policy, or by a base policy together with an umbrella policy.
C. 
All policies shall be issued by a New York State licensed carrier having a rating from A.M. Best of not less than "A Minus."
D. 
The Town of East Hampton shall be named in all policies provided pursuant to this section as an additional insured.
E. 
Notwithstanding the foregoing, should the Town Board so determine, the coverage amounts set forth herein may be amended as the Town Board may deem appropriate.

§ 151-12 Issuance of permit.

Every assembly permit shall be issued by the Town Board and/or its designees. The Town Board and/or its designees shall issue such permit in the following circumstances:
A. 
Private gathering of less than 250 persons on residential property. The Town Board and/or its designees shall issue a permit upon:
(1) 
The timely receipt of a complete application;
(2) 
The receipt of any and all fees;
(3) 
A finding that none of the reasons constituting grounds for denial as set forth in this chapter exist;
(4) 
The receipt of an executed release of all claims against the Town and agreement to indemnify and hold the Town harmless from any damages in form acceptable to the Town Attorney; and
(5) 
Insurance, if required.
B. 
All other gatherings. For a gathering of 250 or more persons, the Town Board and/or its designee shall issue a permit only if and when the following prerequisites have been met:
(1) 
The timely receipt of a complete application;
(2) 
The receipt of any and all fees;
(3) 
The receipt of an executed release of all claims against the Town and agreement to indemnify and hold the Town harmless from any damages in a form acceptable to the Town Attorney;
(4) 
Insurance, if required;
(5) 
The Town Board has, by resolution and with or without conditions, approved the issuance of such permit. In deciding whether or not to approve the issuance of such permit, the Town Board shall consider:
(a) 
The size of the premises in relation to the number of persons expected to attend the gathering.
(b) 
The sufficiency of arrangements made to control traffic, parking, noise, lighting and refuse.
(c) 
Conflicts with other events which might overtax police and emergency services.
(d) 
Conflicts with other events which may cause vehicular or pedestrian congestion in a particular area of the Town on the date in question.
(e) 
The frequency of assemblies proposed or approved for the premises and whether this frequency 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) 
In the case of assemblies on public property, conflicts with ordinary public use of the land or facilities involved.
(g) 
Whether the applicant or owner of the premises at which the subject assembly is to be held has been convicted for failure to comply with the terms of any assembly or mass gathering permit issued within the last three years. Such violations shall include, but shall not be limited to, the number of persons in attendance, failure to comply with the Town's noise and/or parking regulations, and failure to comply with Fire Code requirements.

§ 151-13 Denial of permit.

The Town Board and/or its designees may deny a permit under this chapter for the following reasons:
A. 
Untimely receipt of completed application: failure of the applicant to submit a completed application in a timely manner as required herein.
B. 
False information.
(1) 
The Town Board and/or its designees find that the application contains materially false information.
(2) 
The Town Board and/or its designees find that at any time within the preceding three years, an applicant for the permit or an owner of the premises on which the assembly is to be held has provided false information on an assembly permit application, or a gathering permit issued under former Chapter 137 (Commercial Gatherings), or former Chapter 151 (Gatherings, Mass).
C. 
Violation of existing law. The assembly would result in a violation of any law of the Town of East Hampton, the County of Suffolk, the State of New York or the United States of America.
D. 
Lack of indemnification or insurance. The applicant failed to supply the Town Board and/or its designee with a hold-harmless agreement or certificate of insurance, in a form acceptable to the Town Attorney, as required by the provisions hereof.
E. 
Prohibited assembly. The assembly is prohibited by the provisions hereof.
F. 
Prior conviction. At any time within the preceding three years an applicant for the permit, or an owner of the premises on which the assembly is to be held, has been convicted of a violation of this chapter, or a gathering permit issued under former Chapter 137 (Commercial Gatherings) or former Chapter 151 (Gatherings, Mass).
G. 
Failure to provide a designated agent.
H. 
Town Board denial. For an assembly requiring approval of the Town Board, the Town Board has failed or refused to approve the permit or has by resolution denied it based upon the considerations set forth in this chapter, including:
(1) 
The proposed site is unsuitable for the assembly.
(2) 
The assembly conflicts with other assemblies which might overtax police and emergency services.
(3) 
There are conflicts with other assemblies which may cause vehicular or pedestrian congestion in a particular area of the Town on the date in question.
(4) 
The frequency of assemblies proposed or approved for the premises is so great that the assemblies constitute a persistent usage of the property incompatible with its character or with that of the surrounding area.
(5) 
In the case of assemblies on public property, the assembly conflicts with ordinary public use of the land or the facilities involved.
(6) 
The applicant or owner of the premises at which the assembly is to be held has been convicted for failure to comply with the terms of any assembly, or mass gathering, permit issued under the previous mass gathering law within the last three years. Such violations shall include, but shall not be limited to, the number of persons in attendance, failure to comply with the Town's noise and/or parking regulations, and failure to comply with Fire Code requirements.
(7) 
Inadequate provisions have been made for parking, noise abatement, sanitary demands, refuse removal, security and firesafety and emergency preparedness.
(8) 
Such other factors as the as may be recited by the Town Board.

§ 151-14 Terms and conditions of permit.

[Amended 7-12-2016 by L.L. No. 27-2016]
A. 
The issuance of a permit hereunder shall be deemed to approve the application for which the permit is issued and to require the applicant to undertake all actions proposed in the application for the control of traffic, parking, noise, lighting, sanitary disposal and refuse disposal and the like. The assembly shall be subject to any terms or conditions imposed in the permit in any resolution of the Town Board approving the permit or in any permit obtained from the Town's designated official. Failure to adhere to a term, condition or time limitation imposed in the resolution approving the permit or set forth in the permit shall be a violation of this chapter.
B. 
A permitted assembly shall comply with all provisions of the Town Code Chapter 185 (Noise) at all times during the event. Outdoor music may be permitted until 11:00 p.m. on any day as a condition of the permit.

§ 151-15 Notice to other Town agencies.

A. 
Receipt of application. Upon receipt of an assembly permit application, the Town Board and/or its designee(s) shall immediately furnish a copy of said application to the Chief of Police, Chief Fire Marshal, Building Inspector, Director of Code Enforcement, Chief Harbormaster, Director of Parks and Recreation, Director of Emergency Services, and the appropriate ambulance corps, and such other departments and agencies as the Town may deem appropriate.
B. 
Issuance of permit. Upon issuance of an assembly permit, the Town Board and/or its designee(s) shall immediately furnish a copy of said permit to the Town Supervisor, the Chief of Police and the Chief Fire Marshal.

§ 151-16 Other permits.

Whether or not so stated in the permit, the issuance of a permit hereunder shall obligate the applicant to obtain all other governmental permits, if any, which the assembly requires. Failure to obtain any such permit or permits shall constitute a violation of this chapter.

§ 151-17 No alterations to Town property.

The issuance of an assembly permit shall not be deemed to authorize any physical alteration to land or property owned by the Town of East Hampton, including highways, unless such alteration is expressly allowed by the terms of the permit or by a Town Board resolution approving the issuance of such permit. For the purposes of this section, the term "alteration" shall include, but shall not be limited to, the grading, filling or clearing of land, the cutting, felling or removal of trees or other vegetation and a change in the physical characteristics of a building or structure or the component parts thereof.

§ 151-18 Signs.

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:
(1) 
Application for such signs was included in the permit application and approved by the Town Board, 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 mailing of a notice to the applicant at the address provided in the application.

§ 151-19 Compliance with other laws; Trustee permission.

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.
B. 
Building permit. A building permit shall be obtained from the Building Inspector for the erection of any building or other structure if such permit is required by Chapter 102 or Chapter 255 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.

§ 151-20 Permit available on premises.

The assembly permit issued hereunder shall be kept on the premises during the gathering and shall be presented for inspection by a police officer or other enforcement officer of the Town of East Hampton upon the request of said officer.

§ 151-21 Inspection of premises permitted; issuance of summons.

A police officer or other enforcement officer of the Town of East Hampton may inspect the premises which are the subject of an assembly permit, during the course of the assembly, in order to ensure compliance with the terms and conditions of the permit and may issue a summons for any violation of the permit. The acceptance of a permit hereunder shall constitute the grant of permission to inspect the premises for this purpose. Service of a notice of violation or summons may be made upon the property owner or designated agent, or upon any party at the assembly representing or appearing after due investigation that such individual is in control of the assembly. In the event that a notice of violation or summons is served upon other than the owner or designated agent, a copy of the same shall be mailed to the owner as a courtesy.

§ 151-22 Responsibility of applicant and landowner; prevention of trespass on adjoining properties.

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.

§ 151-23 Prohibited assemblies.

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. 
Outdoor sale of goods or services on property not owned by a not-for-profit corporation, if such sale of goods or services is inconsistent with the approved use of the premises, unless the assembly is sponsored by a charitable organization as the same is defined herein and the Town Board has determined that the proceeds of the event will benefit the not-for-profit corporation and the community on a local level after deduction of reasonable expenses, and that no individual or entity not actually providing a service in furtherance of the event will profit from the same.
C. 
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.

§ 151-24 Amendment, modification, rescission or termination of permit.

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.
(1) 
All changes in conditions necessitating the amendment will be accompanied by the appropriate certificates or permits.
(2) 
The appropriate Town officials shall review the proposed amendment and shall have the discretion to rescind or modify the permit due to changed conditions.
B. 
If, after an assembly permit is issued, the Town determines 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, the Town Clerk may immediately rescind or modify such permit or terminate such assembly.
C. 
In the event that an assembly permit is rescinded prior to the scheduled assembly date, the applicant may appeal such determination as provided for in this chapter.

§ 151-25 Rescission of permit.

A. 
The Town may rescind an assembly permit issued pursuant to this chapter at any time for the reasons set forth herein. The following constitute a basis for rescission of a permit:
(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) 
Town Board determination. The Town Board finds, after a public hearing held in accordance with the provisions of § 151-26, one or more of the following, and the same constitutes a 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.

§ 151-26 Appeals from denial of application or rescission of permit.

A. 
If the Town denies an application for an assembly permit or if the Town rescinds a permit, written notice of such denial or rescission, and the reason for such determination, shall be mailed by the Town Clerk by certified mail, return receipt requested, to the applicant at the address provided in the application. A copy of the notice of denial or rescission shall be forwarded to all involved Town departments.
B. 
The denial of a permit application or the rescission of a permit, whether administratively or by Town Board resolution, may be appealed to the Town Board. All requests for an appeal hearing shall be made in writing and shall be filed with the Town Clerk within 10 days from the date or receipt of the written denial or rescission notification. Such request for an appeal shall set forth the grounds for the appeal and shall be accompanied by the appeal fee in the amount established by resolution of the Town Board, which may be amended from time to time.
C. 
Upon receipt of an appeal of a denial of a permit or the recession of a permit, the Town Board shall schedule and conduct a public hearing with respect to any appeal. The Town Board shall fix a time and place for such hearing and shall provide for the giving of notice thereof at least 10 days prior to the date of the hearing by publishing a notice in the official newspaper.
D. 
At the public hearing, the Town Board shall give the appealing party and any other interested parties a reasonable opportunity to be heard, in order to show cause why the determination denying or rescinding the permit should not be upheld. The applicant shall provide any and all relevant information in response to that set forth in the written notice of denial or rescission, together with any other pertinent information which may be desired to provide to the Board. A written report from the appropriate reviewing official(s), detailing the reason or reasons for denial or rescission, shall be made part of the public hearing's record.
E. 
In determining the appeal, the Town Board shall consider all of the information provided at the hearing together with all other available information, including but not limited to information related to those factors set forth in this chapter for the Town Board's approval or denial of an assembly permit application, which information includes but is not limited to:
(1) 
The size and type of event;
(2) 
The duration of the event;
(3) 
The potential impacts on Town resources, the environment, public health, safety and welfare, the surrounding community and the Town as a whole, noise, traffic, aesthetics, and the character of the area;
(4) 
The applicant's written offer to provide a benefit to one or more local charitable organizations;
(5) 
The sufficiency of services or facilities (including but not limited to a parking plan, a first aid plan, and a firesafety plan) that are reasonably necessary to ensure that the event will be conducted with due regard for public health and safety or the participants and/or attendees;
(6) 
Any factors set forth in this chapter to be considered with regard to the issuance of an assembly permit.
F. 
The Town Board may sustain the denial or rescission of the permit or may reverse the determination and approve the application, with or without additional conditions. A resolution adopted by a majority vote of the Town Board is required for any such action. The Town Board shall render its findings, by resolution, no later than 10 days from the close of the public hearing, and the Town Clerk shall notify the applicant of the Board's determination by certified mail, return receipt requested, to the address provided in the application within five days after such determination. An applicant may request to be notified by e-mail or fax, or may review adopted resolutions at the Town's website or at TownClerk.com. A copy of the Town Board's determination shall be forwarded to all involved Town departments.
G. 
The decision of the Town Board shall be final and shall constitute the exhaustion of the applicant's administrative remedy.
H. 
In the event that the Town obtains information that it believes supports the rescission of a permit, and there is a lack of sufficient time before a proposed assembly for the provision of notice as set forth herein for scheduling an appeal to the Town Board, such insufficient time shall not be deemed to impede the ability of the Town to rescind a permit when the Town Board has cause to believe that the public health and safety will be at risk if the event is to proceed. In such an instance, the Town shall deliver notice to the event holder as promptly as practicable under the circumstances, and, should time allow, entertain the applicant's appeal, if any. However, in no case shall the Town Board be required to schedule a special meeting to accommodate an appeal.

§ 151-27 Violations.

The following shall be deemed to constitute a violation of this chapter:
A. 
Failure to obtain permit: the holding of an assembly for which a permit is required hereunder without having obtained such permit or after such permit has been revoked.
B. 
Failure to present permit: the failure to present a permit for inspection by an enforcement officer upon the request of such officer.
C. 
Refusal to permit inspection: the refusal to allow an enforcement officer to inspect the premises covered by the permit while the assembly is taking place.
D. 
Failure to comply with permit: the failure to undertake actions for the control of traffic, parking, noise, lighting, sanitary disposal and refuse disposal and the like, which are part of the application, or the failure to adhere to one or more terms or conditions of the permit.
E. 
Illegal signs: the use of one or more signs which are not authorized by a permit.
F. 
Prohibited assembly: the holding of an assembly which is prohibited hereunder.
G. 
Violation of chapter: the failure to comply with any other requirement or restriction imposed by this chapter.

§ 151-28 Penalties for violation.

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).

§ 151-29 Validity.

The provisions of this local law are severable. If any provision of this local law or its application to any person or circumstance is held invalid, said invalidity shall not affect any other provision.