[Adopted 6-20-2006 by L.L. No. 6-2006]
As used in this article, the following terms
shall have the indicated meanings:
The area in the Village of Southampton bounded on the north
by the general line of the top of the first rank of the ocean dunes,
on the east by the easterly Village boundary line, on the south by
the low-water line of the Atlantic Ocean, and on the west by the westerly
Village boundary line.
Any individual, partnership, corporation, limited-liability
company, other entity or organization
Any social activity or similar gathering where one or more
of the following conditions exist:
A.
No person shall hold or conduct a special event on
the ocean beach unless a special event permit has been issued for
such special event by the Village Clerk.
B.
In the case of a special event involving a group of
100 or more persons, the application for a special event permit shall
be filed with the Village Clerk at least 30 days prior to the date
of the special event. The Village Clerk shall refer the application
to the Village Board of Trustees for its approval or disapproval,
and the Village Clerk shall not issue a special event permit for such
special event unless the application has been approved by the Village
Board of Trustees.
C.
In the case of a special event involving a group of
less than 100 persons, the application shall be filed with the Village
Clerk prior to the date of the special event. The Village Clerk may
issue a special event permit for such special event or may refer the
application to the Village Board of Trustees for its approval or disapproval.
D.
In determining whether to approve or disapprove an
application for a special event permit, the Village Board of Trustees
may consider all matters related to the public health, safety and
general welfare. If the Village Board of Trustees approves an application
for a special event permit, the Village Board of Trustees may impose
reasonable conditions to protect the public health, safety and general
welfare, which conditions shall constitute special event permit conditions.
E.
If the Village Clerk issues a special event permit,
the Village Clerk may impose reasonable conditions to protect the
public health, safety and general welfare, which conditions shall
constitute special event permit conditions.
F.
An application for a special event permit shall be
accompanied by an application fee. The application fee shall be $250
or such other amount as the Village Board of Trustees may hereafter
fix and establish from time to time by resolution.
G.
A special event permit shall be displayed in clear
view at the special event.
A.
Bonfires.
(1)
No bonfire or other outdoor fire shall be conducted
or maintained at a special event on the ocean beach unless a permit
for same has been issued by the Village Fire Marshal.
(2)
If a permit is issued by the Village Fire Marshal
for a bonfire or other outdoor fire at a special event on the ocean
beach, the Village Fire Marshal may impose reasonable conditions to
protect the public health, safety and general welfare, which conditions
shall constitute permit conditions. Any violation of such permit conditions
shall be deemed a violation of this article.
(3)
Such permit shall be displayed in clear view at the
special event.
B.
Tents.
(1)
No tent or other shelter shall be erected or maintained
at a special event on the ocean beach unless a permit for same has
been issued by the Village Fire Marshal.
(a)
If the Village Fire Marshal issues a permit
for same, the Village Fire Marshal may impose reasonable conditions
to protect the public health, safety and general welfare, which conditions
shall constitute permit conditions. Any violation of such permit conditions
shall be deemed a violation of this article.
(b)
The application fee for a permit for same shall
be $350 or such other amount as the Village Board of Trustees may
hereafter fix and establish from time to time by resolution.
[Amended 4-25-2017]
(c)
Such permit shall be displayed in clear view
at the special event.
(2)
The Village Fire Marshal is authorized to issue a
permit for a tent or other shelter at a special event on the ocean
beach only under the following circumstances:
(a)
If the special event is to take place on the
part of the ocean beach which is included in the real property known
as Cooper's Neck Beach (owned by the Village of Southampton); or
(b)
If the special event is to take place on the
part of the ocean beach which is included in the real property known
as Dune Beach (owned by the Village of Southampton); or
(c)
If the applicant is the owner of oceanfront
real property which includes the part of the ocean beach where the
special event is to take place.
(3)
The provisions of § 80-15B(2), which authorize the Village Fire Marshal to issue a permit for a tent or other shelter at a special event on the ocean beach under the circumstances set forth therein, are intended to constitute a limited exception to the portion of § 80-1O which prohibits a tent or other shelter on the ocean beach.
A.
An application for a special event permit shall provide
the following information:
(1)
The date upon which the special event is to take place
and the hours between which the special event is to take place.
(2)
The approximate number of persons expected to attend.
(3)
Whether the special event involves a caterer; if the
event is a catered event, the name, address and telephone number of
the caterer.
(4)
The location on the ocean beach where the special
event is to take place.
(5)
The location of access to the ocean beach and the
location and extent of available parking for the special event.
(6)
Provisions for the collection, storage and disposal
of garbage, refuse and debris.
(7)
The purpose of the special event and the nature of
the activities to be carried on.
(8)
Name, address and telephone number of the applicant
(the person or persons holding or conducting the special event).
(9)
Name, address and telephone number of a natural person
or persons designated by the applicant as the natural person or persons
who shall be responsible for (and personally in attendance at) the
special event (including responsibility for compliance with permit
conditions). For the purpose of acknowledging acceptance of such designation,
the designated natural person or persons shall co-sign the application
or submit a signed acceptance.
(10)
Name and address of the record owner of the real property
which includes the location on the ocean beach where the special event
is to take place; if the record owner is not the Village of Southampton,
the interest of the applicant in such real property.
B.
An applicant for a special event permit shall also
provide such other information as may be reasonably requested by the
Village Clerk or the Village Board of Trustees.
C.
An applicant for a special event permit shall also
provide such other information as may be reasonably necessary to show
compliance with rules and regulations for special events on the ocean
beach established from time to time by resolution of the Village Board
of Trustees.
A.
The Village Board of Trustees may establish from time
to time by resolution rules and regulations for special events on
the ocean beach.
B.
Any violation of such rules and regulations shall
be deemed a violation of this article.
C.
Such rules and regulations shall be deemed to be special
event permit conditions.
D.
Any violation of special event permit conditions (including
such rules and regulations deemed to be special event permit conditions
and any other conditions constituting special event permit conditions)
shall be deemed a violation of this article.
A.
Issuance of a special event permit shall not be construed
as authorizing any person to trespass upon real property.
B.
Issuance of a special event permit shall not be construed
as imposing any liability on the Village of Southampton for any personal
injury or property damage which may be sustained by any person attending
the special event. Issuance of a special event permit shall not be
construed as creating any duty owed by the Village of Southampton
to any person attending the special event.
[Amended 8-13-2020 by L.L. No. 7-2020]
A.
Any person who holds or conducts a special event on the ocean beach
without a special event permit having been issued for such special
event shall be guilty of a violation of this article. Any caterer
who caters a special event on the ocean beach without a special event
permit having been issued for such special event shall be guilty of
a violation of this article.
B.
Where a violation of this article has been committed or shall exist
with respect to a special event on the ocean beach for which a special
event permit has been issued, any person who holds or conducts such
special event, the natural person or persons designated as the natural
person or persons responsible for such special event, and any other
person who takes part or assists in such violation shall be guilty
of a violation of this article.
