[HISTORY: Adopted by the Town Board of the
Town of Sullivan 10-2-2019 by L.L. No. 1-2019. Amendments noted where
applicable.]
A.
The purpose and intent of this chapter is to establish lawful and
appropriate procedures and requirements for conducting limited special
events in the Town of Sullivan in order to preserve the health, safety
and welfare of the Town, its residents and visitors alike, and to
provide penalties for violations of the provisions herein.
B.
The Town Board finds and determines that limited special events held
at various times throughout the year and at various venues and locations
within the Town of Sullivan enrich and enhance the quality of life
of the general public and provide a positive contribution to the cultural,
historic, artistic and economic character of the Town. The Town Board
also finds that without proper oversight, certain types of special
events can be detrimental and negatively impact the peace, quiet,
safety and well-being enjoyed by surrounding properties, Town residents
and visitors and the general public. Such events, as contemplated
herein, will provide and allow for the gathering of a large number
of individuals in a concentrated time period and area and will entail
the increase of traffic to a site in numbers that may have deleterious
impacts if not properly managed. Such gatherings may also lead to
the potential for impacts to existing septic and sewage disposal systems
presenting consideration to the health of the individuals participating
in such events and those surrounding property owners and watercourses
and resources. These impacts could include noise and light impacts,
as well as solid waste handling. The Town Board further finds and
determines that a system of organization and review of certain specified
special events is a necessary and appropriate method of preserving
and protecting the public's health, safety and general welfare,
protecting property, maintaining compliance with applicable laws,
regulations and codes and maintaining quality of life for all residents
and visitors of the Town.
This chapter is enacted pursuant to § 10 of the Municipal
Home Rule Law to promote the public health, safety and general welfare
of Town residents through the regulation of special events throughout
the Town.
As used in this chapter, the following terms shall have the
meanings set forth herein:
A person applying for a special event permit pursuant to
this chapter.
The Code Enforcement Officer of the Town of Sullivan, Madison
County, New York.
For the purposes of this chapter, the number of cars, limousines
or buses permitted on the site according to a site plan approved by
the Town of Sullivan Planning Board.
An individual, association, firm, syndicate, company, trust,
corporation, department, bureau or agency or any other entity recognized
by law as the subject of rights and duties.
Any social occasion, performance, gathering, exhibition or activity, including, but not limited to, carnivals, circuses, festivals, fairs, bazaars, outdoor shows and concerts, art and cultural events, parades, celebrations, wedding receptions, ceremonies, demonstrations, marches, and exhibitions which meet all of the following [Subsection A(1) through (5)]:
Occurring on public or private property;
Having more than 100 persons in attendance at one time for such
specific event, which event is intended to be a singular event held
for a common purpose;
Conducted indoors or outdoors;
That is not currently a permitted use as of right on the property
in the applicable zoning district or which requires a parking area
to accommodate all vehicles transporting attendees to the event that
is larger than the existing parking capacity of the site; and
Which also involves one or more of the following characteristics
which, when combined with other factors, could have an adverse impact
to health, safety and/or welfare:
The closing of a public street;
The use, blocking or restriction of Town property, roads or
rights-of-way;
The use or creation of amplified sound from any source associated
with said special event;
The sale of merchandise that is not ordinarily sold in the normal
course of the applicant's business;
The sale or service of food to the public with the exception
of the following:
On land used in agricultural production or a farm operation
as defined by AML § 301(11), the sale or service of food
products composed primarily of ingredients produced at the farm operation;
or
On land used in agricultural production or a farm operation
as defined by AML § 301(11) that maintains a winery or farm
winery license issued by the New York State Liquor Authority, the
sale or service of food items which customarily complement farm product
tastings and that are ordinarily consumed while standing or walking
and without the need for utensils;
The substantial increase or disruption of the normal flow of
traffic on any street or highway;
The placement of portable toilets specific to the special event
to address matters of public health;
The placement of temporary no-parking or directional signs or
banners;
The use of any Town services that would not be necessary in
the absence of such an event;
The use of water that would potentially involve the overtaxing
of the site's sanitary septic system and which would exceed the
County Health Department's approved capacity for the site's
sanitary septic system.
This definition shall also apply to all uses of property approved
pursuant to a site plan, special use permit or variance by the Town
Board, Planning Board or Zoning Board of Appeals which meet the above
criteria.
A permit for a special event issued pursuant to this chapter.
The Town of Sullivan, Madison County, New York.
The Town Board of the Town of Sullivan, Madison County, New
York.
A.
To preserve public peace, good order and the health, safety and welfare
of the residents of the Town of Sullivan, special events shall be
prohibited in the Town unless a special event permit is first obtained
from the Code Enforcement Officer in accordance with the provisions
of this chapter.
B.
The provisions of this chapter shall not apply to:
(1)
Events or activities such as weddings, family gatherings, holidays,
parties, religious celebrations and functions, graduation parties
and other similar events, occurring within, or upon the grounds of,
a private residence, where the property owner receives no remuneration
for hosting the event and guests/attendees are not charged a fee or
asked to contribute a donation for admission.
(2)
Any event held on property owned by a not-for-profit organization
for its own fundraising that is contained on site and has adequate
parking, ingress, egress, traffic control and sanitary facilities
to host such an event.
C.
The events and activities not covered by the provisions of this chapter
shall otherwise comply with all other applicable laws, ordinances
and regulations of the Town.
At the time of the filing of the permit application(s), the
applicant shall pay the Town a reasonable nonrefundable permit fee
as established from time to time by Town Board resolution. Such fee
may be waived when the event facilities have been previously inspected
or do not require any physical inspection as per the New York State
Building Code.
The following information and materials are to be submitted
with an application for a special event permit. The Code Enforcement
Officer may accept a single application for a recurring event or a
series of similar events that are of like size and scope.
A.
A completed special event application form which includes the following
information:
(1)
The name, age, residence, mailing address and telephone number(s)
of the applicant and a statement of the applicant's legal status,
such as individual, partnership, corporation etc. If the applicant
is a partnership, state the names and addresses of all partners and,
if a corporation, the name and addresses of all corporate officers,
together with a list of the names and addresses of all persons directly
in charge of the special event.
(2)
The name, age, mailing address and telephone number(s) of the person(s)
who will be organizing the event and who can be contacted prior to
and during the event by Town officials.
(3)
The address and location of the property where the special event
is proposed, including all lands to be used directly, indirectly and
incidental to the proposed special event or any part thereof. Also
attached to the application statements disclosing the nature of the
interest of the applicant relating to such property.
(4)
The proposed dates and hours of the special event, including setup
and shutdown times.
(5)
The expected maximum number of persons intended to use the property
at one time and collectively, including organizers, employees, vendors,
exhibitors and spectators/participants.
(6)
Expected number of automobiles and other vehicles intended to use
the property at one time and collectively.
(7)
The name, address and telephone number of the person(s) who will
be engaged in the preparation and/or sale of food, alcohol, or beer
and a copy of the State Liquor Authority license and County Department
of Health Services permit number for the activity.
(8)
The name, address and cellular telephone number of any security company
which will work on the premises, and a description of the duties to
be performed.
(9)
Certification that the property where the event is to take place
is not subject to any covenant or restriction limiting its use or,
if the use is restricted by easement or otherwise, a copy of a survey
or diagram depicting the easement area and any reserved area where
development rights are intact.
B.
The applicant shall provide a general description of the proposed
event, including:
C.
A parking/event plan showing:
(1)
The size of the property and its location in relation to abutting
streets or highways.
(2)
The size and location of any existing building(s) or structure(s)
that will be in operation during the course of the event and any proposed
building, structure or signs to be erected temporarily for the event.
(3)
The location of the stage or tents, if any.
(4)
The designated areas of use for spectators, exhibitors, vendors,
employees and organizers.
(5)
The location of all exits.
(6)
The location of all fire extinguishers and other fire safety equipment.
(7)
The location of all temporary utilities to be installed for the event,
if any.
(8)
The layout of any parking area for automobiles and other vehicles
and the means of ingress and egress for such parking areas.
(9)
A traffic control plan for vehicles entering and leaving the site
for the proposed event.
(10)
A plan for the use of live outdoor music, loudspeakers and other
sounds which will be used, if any, including the expected dB level
of any music, loudspeakers and/or other sounds and the type and location
of speakers and other audio equipment. A description of other amplified
sound expected to occur from the property with a good faith estimate
of the anticipated dB levels of the sound as measured from adjoining
property lines.
(11)
A description of emergency access and facilities related to
the event.
(12)
Provisions to dispose of any garbage, trash, rubbish or other
refuse.
(13)
The location and a description of any additional lighting to
be utilized in conjunction with the event.
(14)
The location of sanitary facilities on site.
D.
A description of any signage to be displayed adjacent to a Town,
county or state road, including size, location and dates of display.
E.
A list of the addresses of properties within 500 feet of all physical
boundaries of the proposed event location with the names of owners
and their mailing addresses.
F.
The Code Enforcement Officer may require, in his/her discretion,
the applicant to send and provide certification that written notice
was sent to every property owner abutting or adjacent to the property
where the event is to be held, as shown on the current Town of Sullivan
assessment roll, and directly opposite (by extension of the lot lines
through a street or right-of-way) of the property that is the subject
of the application. Said notice shall include the date, time and location
of the proposed special event.
G.
Notwithstanding the foregoing, the Code Enforcement Officer, upon request by an applicant in writing, may waive in whole or in part any of the foregoing application requirements upon a finding that said requirements are not necessary for proper consideration of a permit application in accordance with the standards set forth in this § 222-6 above, or for the protection of health, safety and welfare of the Town, its residents and visitors alike. The Code Enforcement Officer's determination of any waiver request shall be in writing to the applicant and shall specify the reason for the grant or denial. If a waiver is granted, the Code Enforcement Officer may attach appropriate conditions to protect the public interest.
When prior special events have been approved for a location
under this chapter, the Code Enforcement Officer may institute an
expedited process for review and consideration of a special event.
In such instances, the submission requests will be reduced to only
the information relating to the change to such event from the previously
approved event and may be determined within five days of a complete
application. In addition, special consideration shall be given to
events associated with a farm operation as defined under AML § 301(11).
A.
All applications for a special event permit must be submitted at
least 62 days prior to a proposed event to the Town of Sullivan Planning,
Building and Codes Enforcement Department. However, provided good
cause is shown by the applicant, the Planning, Building and Codes
Enforcement Department may, in the Code Enforcement Officer's
discretion, accept applications for a special event permit upon shorter
notice. Any applications that are incomplete may not be accepted or
processed.
B.
When the Code Enforcement Officer determines said application is complete, the Code Enforcement Officer shall distribute said application and documentation to any Town, county or state agencies that may have jurisdiction over the event for their review and comment on any of the criteria set forth in Subsection E below. Such referrals may include the Madison County Planning Board, the Town Planning Board, the Town Zoning Board of Appeals, the Town Board and the Town Attorney.
C.
Upon receipt of comments, the Code Enforcement Officer shall determine
whether to require revisions to the proposed event application.
D.
If no revisions are required, or upon the submission of a revised
application, the Code Enforcement Officer may deny or approve the
application with conditions within 30 days of receipt of the complete
application.
E.
In determining whether to grant, grant with conditions, or deny a
special event permit, the Code Enforcement Officer shall consider
the following:
(1)
The size and capacity of the site to accommodate the proposed event.
(2)
The facilities available.
(3)
The availability of highways and other means of transportation to
and from the site.
(4)
The impact of the event on the safe and orderly movement of traffic
within and contiguous to the event.
(5)
The impact of the event on fire and ambulance service to the areas
contiguous to the event and to the Town in general.
(6)
The impact of the event on the movement of firefighting equipment
or ambulance service to the Town or to areas contiguous to the event.
(7)
The impacts on adjacent property owners and the surrounding neighborhood
and neighborhood character.
(8)
Whether the owner, applicant or event sponsor has violated a previously
issued special event permit.
(9)
Verification that there are no outstanding violations on the property
at which the event will be held or any outstanding or unsatisfied
conditions of a Town agency approval, including, but not limited to,
those of the Planning Board or the Zoning Board of Appeals.
(10)
Verification that the grant of the permit will not violate any
existing covenants or easements on the property.
(12)
Whether the frequency of prior or proposed special events on
the site constitutes a change or intensification of the permitted
use of the property necessitating a use variance or further site plan
review.
(13)
If an applicant is requesting a special event permit for the
same or substantially similar charitable event that was held the previous
year, a verification must be submitted from those charities listed
on the previous year's application.
(14)
Any other matters that relate to the health, safety and welfare
of the general public.
F.
Notwithstanding the above criteria contained in § 222-8E above, the Code Enforcement Officer may deny a special event permit or revoke, suspend or modify a special event permit based on any of the factors below:
(1)
It is determined that there are inadequate Town resources available
to protect the health, safety, property and general welfare of the
citizens of the Town or the safety of participants and/or attendees
of a special event.
(2)
The special event will disturb the public peace and good order of
the Town or neighborhood or adversely affect the use and enjoyment
of adjoining properties or that the conduct of such event will not
be consistent with or will jeopardize the health, safety, property
or general welfare of neighboring residents and/or the Town at large.
(3)
The special event has been subject to a violation or has had any
adverse impacts on the surrounding property in the Town within the
last three years.
(4)
The special event does not provide for sufficient services or facilities
(including but not limited to parking and first aid or emergency medical
services) that are reasonably necessary to ensure that such event
will be conducted with due regard for the health, safety, property
and general welfare of the citizens of the Town or the safety of participants
and/or attendees of a special event.
(5)
The special event may create a high probability of disorderly conduct
likely to endanger public safety or to result in significant property
damage.
(6)
There are materially false statements or omitted relevant information
in the application.
(7)
The applicant has failed to conduct a previously permitted special
event in accordance with the law or the terms of a permit, or both.
(8)
The applicant has not obtained the approval of any other Town or
public agency within whose jurisdiction the event or portion thereof
will occur.
(9)
Exterior lighting at the special event uses or will use search lights,
strobe lights, laser lights or revolving lights.
G.
Privilege. The granting of a special event permit is a privilege
and not a right and may be denied, revoked, suspended or modified
in the event that the applicant fails to comply with any applicable
provision of this chapter or for any other reason not prohibited by
law.
H.
A special event permit is not transferable and shall expire at the
close of the event(s) for which it is issued.
I.
The special event permit issued hereunder shall be displayed on the
premises during the special event and shall be available for inspection
by the Code Enforcement Officer, or other law enforcement officer
of the Town, upon request.
J.
The Code Enforcement Officer may attach such conditions which, in
his/her discretion, are necessary to protect the health, safety, property
and general welfare of the residents of the Town or the safety of
participants and/or attendees of a special event.
K.
Closing of special events due to public safety hazard. The issuance
of a special event permit notwithstanding, the Code Enforcement Officer,
a law enforcement or other appropriate official may close any special
event or any portion of a special event that is subsequently determined
to be an imminent hazard to the health, safety, property or general
welfare of the citizens of the Town or the safety of participants
and/or attendees of a special event.
L.
In addition to the penalties for offenses set forth in this chapter,
the applicant's special event permit may be revoked, suspended
or modified by the Code Enforcement Officer at any time during the
life of such permit for any violation by the applicant of any provision
of this chapter or any violation of the Town Code or any other applicable
county, state or federal law.
M.
If a special event permit is revoked, no refund of any part of the
application fee shall be made.
An applicant who is denied a special event permit or whose permit
was revoked, suspended or modified by the Code Enforcement Officer
may apply to the Town Board for reconsideration of the application
by filing an appeal with the Town Clerk within 10 days of the date
of the denial. A complete copy of the application submitted to the
Planning, Building and Codes Enforcement Department shall accompany
the request for reconsideration. The Town Board may, following a public
hearing, affirm or reverse the determination of the Code Enforcement
Officer subject to any conditions deemed appropriate under the circumstances.
A.
It shall be a violation of this chapter for any person to conduct
or to allow to be conducted a special event without a special event
permit issued pursuant to the provision of this chapter, or after
such special event permit has been denied, revoked or suspended.
B.
It shall be a violation of this chapter to conduct or to allow to
be conducted a special event contrary to the terms and conditions
set forth in the special event permit issued for such special event.
The provisions of this chapter shall be administered and enforced
by the Town of Sullivan Building, Planning and Codes Enforcement Office
and/or the Town Attorney.
A.
Any person who shall violate any provisions of this chapter shall
be guilty of a violation punishable by a fine not exceeding $500;
and upon conviction of a subsequent offense, punishable by a fine
not exceeding $2,500. If the violation is of a continuing nature,
each one-hour period of violation of any provision of this chapter
shall constitute an additional, separate and distinct offense.
B.
In addition to any other remedy provided by law, the Town may maintain
an action or proceeding in a court of competent jurisdiction to compel
compliance with or to restrain by injunction the violation of this
chapter.
If any part or provision of this chapter or the application
thereto to any person or circumstance shall be adjudged invalid by
any court of competent jurisdiction, such judgment shall be confined
in is operation to the part or provision or application directly involved
in the controversy in which such judgment shall have been rendered
and shall not affect or impair the validity of the remainder of this
chapter or the application thereof to other persons or circumstances.
