[HISTORY: Adopted by the Board of Trustees of the Village
of Hewlett Neck 10-26-2020 by L.L. No. 1-2020. Amendments noted where
applicable.]
Assemblies, gatherings or organized events which are anticipated
to or are likely to attract a large number of people can adversely
affect the well-being of Village 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 local roadways and other municipal facilities,
and 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 municipal and police services. In an effort
to provide for the well-being of the Village and its residents, the
Village Board establishes herein a procedure whereby the Village can
be informed in advance of events and can assure that such events,
if appropriate under the Village Code and the Constitution of the
State of New York, can be accommodated without unduly burdening the
community or the resources of the Village or unreasonably impacting
upon or restricting the use of Village resources by other Village
residents.
As used in this chapter, the following terms shall have the
meanings indicated:
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, fundraisers, fairs, bazaars,
outdoor shows, 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 any site plan approval and/or certificate of occupancy
issued by the Village Building Department, or as determined by the
Village Building Inspector based upon the historic use of the subject
premises as supported by credible evidence.
Property containing a legally nonconforming business use
and any vacant or improved parcel other than one upon which the principal
use is a single-family residence.
A person, residing within the County of Nassau, who is designated
by an applicant for an assembly to accept service of process from
the Village of Hewlett Neck for any violation of this chapter or any
other chapter set forth in the Village Code which relates to or arises
out of an assembly.
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, § 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.
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 Village roadway, 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.
Property of the Village or other governmental agency.
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.
A permit for a special event as defined in this chapter.
Special event permits shall be of four categories:
RESIDENTIAL SPECIAL EVENT PERMITA permit for an assembly of 50 persons or more upon a property which is zoned for, or actually used, as a residence.
COMMERCIAL SPECIAL EVENT PERMITA permit for an assembly upon a property which is zoned residential, multifamily, or other noncommercial use but actually used for a commercial business as a legally preexisting, nonconforming business, in that it includes one or more of the following:
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;
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;
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;
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;
The erection of a tent upon the premises;
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;
PUBLIC PROPERTY SPECIAL EVENT PERMITA permit for an organized assembly upon a property which is a public park, beach, or other property which is open to the public.
PARADE/MARCH SPECIAL EVENT PERMITAn assembly permit for a parade/march as defined herein.
A.
No owner, lessee or any other person claiming or having a right or interest in residential property located within the Village of Hewlett Neck shall cause, permit or allow such property to be used for an assembly as defined herein unless a written special event permit for the assembly has been issued by the appropriate Village official(s). Residential assemblies are subject to the provisions of § 195-9E. No more than two residential special event permits may issue per calendar year for any property in the Village zoned and/or used as a residence.
B.
No owner, lessee or any other person claiming or having a right or
interest in commercial property located within the Village of Hewlett
Neck shall cause, permit or allow such property to be used for an
assembly as defined herein unless a written special event permit for
the assembly has been issued by the appropriate Village official(s).
C.
No person, group, entity or organization shall organize or conduct
a public property special event, as defined herein, upon any public
property within the Village of Hewlett Neck, unless a written special
event permit for the assembly has been issued by the appropriate Village
official(s). Public property assemblies, in addition to the limitations
enumerated below, are subject to the Village's right to limit
the number of public property special event permits issued per applicant
and per location in a calendar year, as well as limit the hours and
days of the week for which activities will be approved.
D.
No person, group, entity or organization shall organize or conduct
a parade/walk-run, as defined herein, upon any public street, sidewalk,
walkway, right-of-way or public property within the Village of Hewlett
Neck, unless a written special event permit for the assembly has been
issued by the appropriate Village official(s).
The following shall be exempt from the requirements of a special
event permit:
A.
Events sponsored by the Village.
B.
A student assemblage at any school chartered by New York State or
any event at a place of religious worship, in accordance with any
approvals issued for such use.
C.
An assemblage for purposes of expressive activity, provided that
the organizers provide the Village Clerk with at least 48 hours'
advance notice if more than 25 persons are reasonably expected to
attend. The name, address, and contact information of the organizer,
the proposed location or route, and the date, time and duration of
the event shall be provided to the Village Clerk.
D.
Gatherings for religious purposes held at facilities which are approved
for such purposes.
A.
Application form. An applicant may obtain an application form from
the Village Clerk upon written request for such permit or from the
Village website, if the application form is made available on the
Village website. The information requested on the application form
shall include, without limitation, the following:
(1)
The applicant's full legal 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. If the applicant is an entity or organization,
the name or names of the person(s) authorized to act on behalf of
the entity or organization shall be stated on the application.
(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. If parking is not available on site, a parking
waiver application shall be included, which must identify the number
of vehicles anticipated, the location where such vehicles will park,
and the duration of such parking waiver. If off-site parking is proposed,
a traffic management plan for the parking of vehicles and transportation
of cars or guests to and from the assembly site.
(5)
On-site sanitary facilities available to attendees, none of which
shall be located in a front yard, as that term is defined in the Zoning
Code, or closer than 50 feet from any property line.
(6)
The number of anticipated attendees.
(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.
Proof of the vendor's Nassau County Health Department authority
to provide food must be included with the application.
(8)
If security is to be provided, the name of the security company and
a contact person and number for the same.
(9)
Proposed traffic control and security plan for the event. (Security
plans shall not be made publicly available.)
(10)
Proposed medical and emergency plans and personnel.
(11)
Proposed outdoor loudspeakers, music, live or recorded, and
a description of the proposed use of loudspeakers and/or music, including
the starting time and duration. No such outdoor loudspeaker or other
amplified music device shall be played after 11:00 p.m. in a manner
that can be heard by a reasonable person beyond the boundary lines
of the premises.
(12)
Whether any alcohol will be served at the premises. A special
event license from the State Liquor Authority may be required.
(13)
Whether any outdoor lighting is proposed, and a description
of the proposed lighting together with the location of the same.
(14)
The proximity of the nearest residential structures.
(15)
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 Village Building Department. Tents, and any conditioning of
the air in the tent area, shall meet all necessary Fire Code requirements
and shall be reviewed by the Village Building Department for placement
and proper ingress and egress and compliance with applicable Fire
Codes and Nassau County Fire Marshal requirements.
(16)
A name and contact number of a responsible party who will be
available to Town officials at the time of the event.
(17)
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.
(18)
The name of the designated agent.
B.
Submission to Village Clerk. Applications: for events involving one
to 50 participants, the application must be submitted at least 14
days before the event; and for events involving 51 or more participants,
the application must be submitted at least 30 days before the event.
For each application, the Village Clerk has the discretion to waive
the submission deadline. The following materials shall be submitted
by the applicant to the Village Clerk within the time period provided
herein:
(1)
A completed application form.
(2)
For commercial, public property, and parade/march special event permits,
a nonrefundable application fee. The Village Board, by resolution
duly adopted, from time to time shall establish or amend such fee
amount. The Village Board or its designee has the discretion to waive
such fee.
C.
Review by the Village Board. The Village Clerk shall forward the
application to the Village Board or its designee for approval or disapproval.
The Board, or its designee, must refer all permits for comment to
the Nassau County Police, Fire Marshal, Highway Department and/or
any other Village department or agency should the application indicate
that such entity may be affected by the approval of such application.
The Board's review will consider whether the proposed assembly
would unduly burden the community or the resources of the Village
of Hewlett Neck, or unreasonably impact upon or restrict the use of
Village resources by other Village residents, or constitute a threat
to public safety, health or welfare by reason of time, location or
duration of the activity, or will unduly interfere with vehicular
and/or pedestrian traffic. The Village Board or its designee may deny
an application for a permit under this chapter after a review of the
application, whenever a determination is made that the proposed special
event would violate any law or ordinance or would unreasonably interfere
with the public's use of public lands; unreasonably interfere
with the use and enjoyment of adjoining properties; unreasonably impede
the flow of vehicular or pedestrian traffic; be detrimental to the
community because of anticipated excessive noise, illumination or
other effect caused by the proposed assembly, including, but not limited
to, a potentially dangerous activity or creation of a dangerous condition,
such as the use of explosives, the use of stunts, firearms or simulated
firearms; or otherwise endanger the public's health, safety or
welfare. In addition, the Village Board or its designee may consider
the number of applications submitted for a particular property and
may deny an application if determined that the history of permit applications
indicates an attempt by the applicant and/or property owner to circumvent
the Village Code. Any denial shall be in writing and shall specify
the reasons for the denial. Any approval by the Board may include
conditions that are intended to address potential impacts related
to the proposed assembly. The Board or its designee shall send the
approved or disapproved application back to the Village Clerk.
D.
Review by Village Attorney. The Village Clerk shall forward the certificate
of insurance and the indemnification agreement, if such insurance
and agreement are required in accordance with this chapter, to the
Village Attorney for approval. The Village Attorney shall return such
approved or disapproved documents to the Village Clerk.
E.
Fees. The Village Clerk shall calculate the fees required to be paid
by an approved applicant, in accordance with a fee schedule adopted
by the Board by resolution, from time to time.
F.
Permit fee. All special event permits may be subject to a permit
fee, and the Village Board, by resolution duly adopted, from time
to time, shall establish or amend such fee amount.
G.
Issuance of permit. The Village Clerk shall countersign an approved application. The Village Clerk shall collect the fees calculated pursuant to Subsection E from the applicant. Payment of the permit fee shall be in the form specified in § 110-6. Upon payment of the permit fee, the Village Clerk shall issue the permit to the applicant. The permit shall set forth the name of the applicant, the location(s), date(s) and time(s) of the special event and any special conditions.
H.
The Village may deny an application for a permit under this chapter
after a review of the application, whenever a determination is made
that the proposed special event would violate any law or ordinance
or would unreasonably interfere with the public's use of public
lands; unreasonably interfere with the use and enjoyment of adjoining
properties; unreasonably impede the flow of vehicular or pedestrian
traffic; be detrimental to the community because of anticipated excessive
noise, illumination or other effect caused by the proposed assembly,
including, but not limited to, a potentially dangerous activity or
creation of a dangerous condition, such as the use of explosives,
the use of stunts, firearms or simulated firearms, or otherwise endanger
the public's health, safety or welfare. Such denial shall be
in writing and shall specify the reasons for the denial.
I.
The Village reserves the right to impose additional and further requirements
up to and through the date or dates of the special event, as deemed
by the Village to be necessary to assure compliance with the requirements
and purposes of this chapter.
J.
The Village reserves the right to immediately revoke any permit issued
due to noncompliance with the requirements of the permit.
Any fee collected under this chapter shall be paid either by
money order or certified check made payable to the Village of Hewlett
Neck and shall be delivered to the Village Clerk.
The Village Board, upon consent of a majority of its members,
after due consultation, may authorize a waiver of the requirements
and/or limitations of this chapter whenever it determines that strict
compliance with such limitations or requirements will pose an unreasonable
burden upon the applicant and that such permit may be issued without
endangering the public's health, safety or welfare. In such instances,
the Village Board may attach additional conditions and safeguards
to ensure the orderly conduct of the activity and to minimize the
impact of such use.
A.
Once an assembly permit has been issued, any proposed amendment or
modification to the application, including any conditions, by the
applicant shall be filed with the Village Clerk if any of the conditions
have changed. Notice of any such proposed amendment or modification
shall be given to the Village 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.
B.
The Village may rescind a special events permit issued pursuant to
this chapter at any time for the following reasons:
(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
or regulation of the Village of Hewlett Neck, the County of Nassau,
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)
Substantive change in circumstances since the permit was issued,
including one or more of the following:
(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 Village
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. This provision shall not supersede the restrictions contained
in §§ 151-3A and 195-9E restricting the number of assemblies
that may take place at a residence;
(f)
The gathering will conflict with ordinary public use of the
land or facilities involved.
During the course of the special event, any authorized Village
Code enforcement official, peace officer or a police officer may suspend
any permit where public health or safety risks are found or where
exigent circumstances warrant such action.
The Village Clerk shall give notice to the Nassau County Police
Department, the Building Inspector, the Fire Marshal, the Superintendent
of Highways, if any, of each permit issued pursuant to this chapter.
A.
A permit holder shall be responsible for any damage to Village property
or facilities that may result from the permit holder's activities.
No alterations are to be made at special event sites, including, without
limitation, cutting trees, digging holes and trimming bushes, without
the express authorization of the Village Board.
B.
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 property owner 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.
Issuance of a permit pursuant to this chapter does not relieve
the permit holder of its duty to comply with all other Village local
laws and regulations during the duration of the special event. 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 Village, county, state and federal laws. If
any food service is provided, the applicant shall be responsible to
assure that the vendor is properly licensed by the Nassau County Health
Department 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 Village permits shall be obtained where
required:
A.
Tent permit. A permit shall be obtained from the Village Building
Department for the erection of a tent, display of fireworks or the
setting of an outdoor fire.
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 the Village Code, and such permit shall be subject
to compliance with the New York State Uniform Building and Fire Prevention
Code, including in relation to any cooling or warming of any outdoor
areas to be used for the proposed assembly.
Every application for a commercial, public property, and parade/march
special event permit pursuant to this chapter shall include a certificate
of insurance that evidences a public liability insurance policy covering
the Village as an additional insured in the minimum amount of the
$1,000,000 per occurrence for the duration of the special event. The
applicant shall also submit an indemnification agreement that states
that the applicant agrees to assume all liability for and will indemnify
and hold the Village harmless of and free from any and all damages
that occur to persons or property by reason of said special event.
The permit holder shall be required to have the permit available
for inspection by the Village Building Department and the Nassau County
Police Department, at the site of the special event for the duration
of the permit period.
The following assemblies are prohibited in the Village of Hewlett
Neck, and no permit shall be issued which would authorize these assemblies:
For the purposes of this section, the term "sign" shall have the meaning ascribed to it in § 195-24 of this Code. No signs visible from public property, including a public roadway or right-of-way, shall be permitted in conjunction with and/or bringing attention to or advertising the assembly.
Parking waivers seeking the temporary suspension of parking regulations that are requested in conjunction with a special events permit shall be governed by § 140-20.2 of this Code.
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 reimbursement of any costs incurred
by the Village 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 reimbursement
of any costs incurred by the Village 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 reimbursement of any costs incurred by the Village as a result
of the violation(s).
D.
For any conviction, a defendant shall be liable to pay restitution
of any expenses incurred by the Village, in enforcing the provisions
of this chapter, including legal fees.
