No individual, partnership, corporation, limited-liability company,
or other entity or organization shall hold or conduct an event within
the ocean beach area unless a beach event permit has been issued by
the Board of Trustees.
A.Â
In
the case of an event involving a group of 50 or more persons, the
application for a beach event permit shall be filed with the Board
of Trustees at least 30 days prior to the proposed date of the event.
B.Â
In
determining whether to issue a beach event permit, the Board of Trustees
may consider and impose reasonable conditions which shall constitute
beach event permit conditions. These considerations may include but
not be limited to the consideration of the following: the size of
the property in relation to the number of persons expected to attend
the gathering, the frequency of the special event and whether it constitutes
a use of the property compatible with its character or that of the
surrounding area.
C.Â
Permits
issued by the Board of Trustees are not transferable and shall expire
at the designated time for the close of the event for which it is
issued.
D.Â
Terms
and conditions of permit. The issuance of a permit shall be deemed
an approval of the application and shall require the applicant to
undertake all actions proposed in the application for the control
of traffic, parking, noise, lighting, refuse and the like. The event
shall be subject to any other terms or conditions imposed in the permit,
in any resolution of the Board of Trustees approving the permit or
in any permit obtained from other applicable Town departments designated
by the Board of Trustees.
E.Â
Privilege.
The granting of a beach event permit by the Board of Trustees is a
privilege and not a right and may be denied in the event the applicant
fails to comply with any applicable provision of this chapter or for
any other reason not prohibited by law.
F.Â
An
application for a beach event permit shall be accompanied by an application
fee in an amount, to be determined by the Board of Trustees, which
may be established and modified from time to time by resolution.
G.Â
A
beach event permit issued by the Board of Trustees shall be displayed
in clear view at the event.
H.Â
Required
applications must be submitted and approvals obtained from any other
regulatory entities, including but not limited to the Town of Southampton.
An on-site inspection must be conducted for any beach event
permit application where the proposed event site is in the proximity
of piping plovers or least terns. Such an inspection and evaluation
will reveal whether special conditions must be included with the permit
and whether a monitor is necessary in order to preserve the integrity
of the habitat and nesting sites. The amount for initial inspection
fees and monitor fees shall be determined by the Board of Trustees,
which amount may be established and modified from time to time by
resolution.
A.Â
The
Board of Trustees may establish from time to time, by resolution,
rules and regulations for events within the ocean beach area.
B.Â
Such
rules and regulations shall be deemed to be event permit conditions,
and any violation of such rules and regulations shall be deemed a
violation of this section.
A.Â
Issuance
of a beach event permit shall not be construed as authorizing any
person to trespass upon real property.
B.Â
Issuance
of a beach event permit shall not be construed as imposing any liability
on the Board of Trustees for any personal injury or property damage
which may be sustained by any person attending the event. Issuance
of a beach event permit shall not be construed as creating any duty
owed by the Board of Trustees to any person attending the event.
C.Â
Issuance
of a beach event permit shall not be construed as authorizing violations
of any provision of the Town Code of the Town of Southampton or any
applicable Village Code.