[HISTORY: Adopted by the Town Board of the
Town of Huntington 6-8-1993 by Ord. No. 93-CE-5.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Games of chance — See Ch. 115.
Parades and public assemblages — See Ch. 145.
Peddlers and solicitors — See Ch. 149.
[1]
Editor's Note: This ordinance also provided
for the repeal of former Ch. 91, Carnivals, Circuses and Fairs, adopted
6-3-1969 as Ch. 11 of the 1969 Code, as amended.
[Amended 9-14-2021 by L.L. No. 55-2021]
It is the intent of the Town Board to regulate
amusement events such as carnivals, circuses, fairs, and concerts,
so as to preserve the public peace and good order and to assure the
health, safety and welfare of the residents of the Town of Huntington
and amusement event attendees surrounding the conduct of such amusement
activities.
For the purpose of this chapter, the following
terms shall have the meanings indicated:
A person or organization who, for profit, supplies, provides
and/or leases amusement rides, pavilions, tents, games, stalls and/or
other structures or equipment commonly used for an amusement event,
and/or is retained by an applicant to organize, operate and/or manage
the event.
[Added 7-1-2003 by L.L. No. 24-2003;
amended 9-14-2021 by L.L. No. 55-2021]
An event whose purpose is to provide entertainment to the
public, including, but not limited to carnivals, circuses, fairs and
concerts.
[Amended 4-27-1999 by L.L. No. 10-1999; 8-15-2017 by L.L. No. 32-2017; 9-14-2021 by L.L. No. 55-2021]
A manually operated or mechanically powered machine, apparatus or device which is used solely for amusement, and which is designed to propel or move a person through the air, along the ground or otherwise, and shall include a merry-go-round, and/or carousel and other similar machinery customarily associated with amusements or carnivals. For the purpose of § 91-4(A) of this chapter, the term "amusement ride" shall not include a slide, funhouse, pirate bounce (bounce house), rock wall, maze, or any other equipment involving a physical activity, challenge or competition performed or observed for amusement, entertainment or sales promotion, but these attractions shall be deemed amusement rides for all other purposes.
[Amended 9-27-2016 by L.L. No. 38-2016; 7-16-2019 by L.L. No. 31-2019]
An event at which various shows, exhibitions, amusement rides
or contests take place.
[Amended 9-14-2021 by L.L. No. 55-2021]
An exhibition or show in which nondomestic animals take part.
An outdoor musical performance open to the public, with or
without admission fees, excluding the Huntington Arts Council's Huntington
Summer Arts Festival.
[Added 9-14-2021 by L.L. No. 55-2021]
An event, open to the public, at which its primary function
or purpose is for the display or sale of goods by vendors. The word
"fair" shall be deemed to include, but not be limited to, "bazaar"
or "farmer's market." Events on property owned by a church or school
are exempt from this definition.
[Amended 8-15-2017 by L.L. No. 32-2017; 9-14-2021 by L.L. No. 55-2021]
Due authorization in writing as provided herein which permits
a person to operate a carnival, circus, fair or amusement event at
a specified location.
[Amended 7-1-2003 by L.L. No. 24-2003]
(B)
A permit may be issued for a term not to exceed six
(6) days, without Town Board approval, and every permit so issued
shall specify the exact term and period of time for which it shall
be valid.
[Amended 7-16-2019 by L.L. No. 31-2019]
(C)
No more than two (2) permits may be issued per person or organization
for each calendar year, unless authorized by Town Board Resolution.
[Amended 8-15-2017 by L.L. No. 32-2017]
(D)
No more than two (2) amusement events shall be permitted, per applicant,
at the same location per calendar year, unless authorized by Town
Board Resolution.
[Amended 8-15-2017 by L.L. No. 32-2017; 7-16-2019 by L.L. No. 31-2019]
(E)
A permit issued as provided herein shall not be transferable.
Any holder of such permit who allows it to be used by any other person
or organization and any person or organization who uses such permit
shall each be guilty of a violation of this chapter.
[Amended 9-14-2021 by L.L. No. 55-2021]
[Amended 7-1-2003 by L.L. No. 24-2003]
(A)
No more
than seventeen (17) amusement rides shall be operated, maintained
and/or erected per amusement event.
[Amended 9-27-2016 by L.L. No. 38-2016; 12-17-2019 by L.L. No. 1-2020; 9-14-2021 by L.L. No. 55-2021]
(B)
Each amusement ride shall be located at least ten
(10) feet from the entranceway to the premises where the amusement
event is being held, and shall be placed so that it does not obstruct
or interfere with free and unfettered passage by patrons or users
of the premises.
(C)
Each amusement ride shall have an unobstructed distance
of four (4) feet along the perimeter of three (3) linear borders of
the ride, where patrons may use, watch or wait to use the ride. In
order to prevent overcrowding and to assure safe passage by the general
public, the unobstructed distance required by this section shall not
be encroached upon by any structure; or be superimposed, in whole
or in part, upon the distance required of any other amusement ride.
(D)
All amusement events utilizing amusement rides permitted
under this chapter must comply with New York State Department of Labor
regulations. Notwithstanding the foregoing, in the discretion of the
Town Clerk a permit may be refused or the number of rides reduced
if an applicant, based upon a review of the site plan and upon the
recommendation of the inspecting Town official, lacks sufficient open
space when the amusement rides are in motion to effectuate the legislative
intent of this chapter.
[Amended 12-17-2019 by L.L. No. 1-2020; 9-14-2021 by L.L. No. 55-2021]
[Amended 7-1-2003 by L.L. No. 24-2003]
(A)
No permit shall be issued for the operation or maintenance
of any carnival, circus, fair or amusement event upon land lying in
a residential zoning district unless the principal use thereon is
nonresidential and a permitted conforming use in the zoning district,
or the Town Board shall first have adopted a resolution approving
such use.
[Amended 7-16-2019 by L.L. No. 31-2019]
(B)
No permit shall be issued if, in the judgment of the
Town Board, the event will disturb the public peace and good order
of the Town or unreasonably affect the use and enjoyment of adjoining
properties or jeopardize the health, safety or welfare of neighboring
residents and/or the community.
[Amended 7-1-2003 by L.L. No. 24-2003]
(A)
No permit shall be issued for the operation of any
circus under this chapter unless the Town Board shall first have adopted
a resolution approving such use.
(B)
No permit shall be issued if, in the judgment of the
Town Board, the circus will disturb the public peace and good order
of the Town or unreasonably affect the use and enjoyment of adjoining
properties or jeopardize the health, safety or welfare of neighboring
residents and/or the community.
[Amended 7-1-2003 by L.L. No. 24-2003]
In any case requiring approval of the Town Board,
such approval may be granted subject to such conditions as the Town
Board may deem necessary. Any permit issued after approval of the
Town Board has been obtained shall bear on its face such conditions
as the Town Board may have imposed.
[Amended 7-1-2003 by L.L. No. 24-2003]
(A)
No sound equipment or public-address system shall
be operated or used after 11:00 p.m. of the days for which the permit
is issued and on Sunday after 9:00 p.m.
(B)
No amusement ride and/or related equipment shall be
operated on Sunday through Thursday after 11:00 p.m., and on Friday
and Saturday after 12:00 midnight.
(C)
Amusement events shall cease to operate and be closed
to the public no later than 11:00 p.m. on Sunday through Thursday,
and on Friday and Saturday by 12:00 midnight.
[Amended 4-18-2000 by L.L. No. 10-2000; 7-1-2003 by L.L. No. 24-2003; 9-14-2004 by L.L. No. 28-2004; 8-15-2017 by L.L. No. 32-2017; 7-16-2019 by L.L. No. 31-2019; 9-14-2021 by L.L. No. 55-2021]
An application for an amusement event shall be fully completed
and signed by the person, and/or organization seeking a permit and
submitted with all necessary documents a minimum of thirty (30) days
prior to an event on private property and a minimum of sixty (60)
days prior to the event for an event on public property. A complete
application shall include the following:
(A)
Written proof that all necessary permits and/or approvals required
by the Suffolk County Department of Health Services, New York State
Department of Labor and any other governmental or regulatory agency
having jurisdiction has been obtained.
(B)
The applicant shall specify whether the number of
attendees is expected to reach one thousand (1,000) or more. In the
event the number of attendees is expected to reach five thousand (5,000)
or more, same shall also be indicated on the application.
(C)
The name, address and phone number of the applicant
and of the amusement company, if one is being utilized. If an amusement
company is being utilized, then a full and true copy of the contract
and/or agreement entered into between the applicant and the amusement
company. No portion of the financial aspects of the agreement filed
with the Huntington Town Clerk shall be released to third parties
in accordance with the provisions of Public Officers Law § 87(2)(d).
(D)
A notarized statement signed by the property owner
of the premises upon which the proposed event is to be held stating
the nature, extent and duration of the amusement event and granting
permission for the operation of the amusement event on such premises.
(E)
A original and four (4) copies of an accurate site
plan drawn to scale showing the location, dimensions and specifications
of all stationary and/or temporary structures or enclosures, amusement
rides, games of probability, tents and pavilions. The site plan shall
include the dimensions of all amusement rides when in motion, the
area to be occupied by the proposed amusement rides and the net amount
of open space available when all amusement rides are in operation.
All site plans shall set forth the dimensions of the parcel to be
utilized for the event and the number of acres it comprises.
(F)
A performance bond issued by a bonding company or surety company
approved by the Town Clerk, or cash or check, in the sum of five hundred
dollars ($500), so as to guarantee that the applicant will clean the
area and substantially restore the same at the conclusion of the amusement
event. If the applicant fails to clean and restore the amusement area,
or if damage is done to public or private property as a result of
said amusement event, the Town Clerk may apply the bond, cash or check
to the cost of the cleanup or restoration and may recover from the
owner of the premises where the amusement event took place and the
applicant such additional costs as may be incurred.
(G)
A certificate of insurance issued by an insurance company licensed
to do business within the State of New York with limits and in a form
acceptable to the Town Attorney.
(H)
Lying,
false statement, and/or omissions on an application is grounds for
denial, suspension or revocation of a permit.
[Amended 7-16-2019 by L.L. No. 31-2019]
The Town Board may, from time to time, by Town Board Resolution,
establish fees and charges for applications, issuances of permits
and late fees under this Chapter. These fees shall include but not
be limited to:
(A)
Application fee. In addition to the requirements of § 91-9, a nonrefundable fee of five hundred dollars ($500.) shall be payable to the Town Clerk upon the filing of an application. An application fee will not be charged if the applicant is a religious, charitable, patriotic, or volunteer fire organization.
(B)
Permit Fee. All events on Town property shall be subject to a permit
fee. Permit fee to be determined by the Town Attorney based upon such
use of Town property and payable to the Town Clerk prior to the issuance
of such permit.
(C)
Late Fee. A late application or applicant's failure to submit all
required documents for an event fifteen (15) days prior to the date
of the event shall be subject to a two hundred fifty dollars ($250.)
late fee payable to the Town Clerk.
Any charitable organization, as defined and regulated by Article 7-A of the New York State Executive Law, filing an application to conduct an amusement event, in addition to satisfying the requirements of § 91-9 herein, shall include with each application proof of such organization's valid registration with the New York Secretary of State as a charitable organization.
All permits must be conspicuously displayed
during the operation of said amusement event and be available for
inspection by any person demanding such inspection.
[Amended 7-1-2003 by L.L. No. 24-2003; 9-27-2005 by L.L. No.
34-2005; 9-14-2021 by L.L. No. 55-2021]
Any violation of this chapter or of any other ordinance, law or statute in connection with the operation or maintenance of amusement events, or any violation of the conditions of the permit or a false statement or omission made in the application, shall be cause for immediate denial suspension or revocation of the permit by the Town Clerk. Notice of such denial, suspension or revocation and the reason or reasons for such determination shall be mailed by the Town Clerk by certified mail, return receipt requested, to the applicant at the address shown on the application. A copy of such notice of denial or suspension or revocation shall be filed in the Office of the Town Clerk. The applicant shall have ten (10) days from receipt thereof to submit a written request to the Town Clerk for an appeal hearing before the Huntington Town Board or a duly appointed hearing officer as set forth in § 91-14 (E). At such time the applicant may provide the Clerk with any relevant information in response to that set forth in the Clerk's notice of denial, suspension or revocation.
[Amended 7-1-2003 by L.L. No. 24-2003; 9-27-2005 by L.L. No.
34-2005]
(A)
The Town Board or a duly appointed hearing officer as set forth in § 91-14(E) shall hear and determine all such appeals.
[Amended 9-14-2021 by L.L. No. 55-2021]
(B)
All requests for an appeal hearing from a denial,
suspension or revocation of a permit and/or license shall be in writing
and shall be filed with the Huntington Town Clerk accompanied by the
sum of two hundred fifty dollars ($250.) to cover the cost of the
hearing and of processing the appeal. Notice of the appeal hearing
shall be mailed to the applicant not more than five (5) days of the
hearing date. An appeal hearing shall be scheduled not more than fifteen
(15) days of the date of receipt of a request for an appeal.
[Amended 9-14-2021 by L.L. No. 55-2021]
(C)
Conduct of hearings. At the hearing the applicant
shall be entitled to be represented by legal counsel and provided
with an opportunity to be heard. The applicant may present such competent
and material testimony or other evidence in his own behalf as may
be relevant to the subject matter of the hearing. All witnesses shall
be sworn and examined under oath and all hearings shall be recorded.
(D)
No permit shall be issued, and any outstanding permit
may be suspended or revoked after a hearing, if the Town Board determines
that such amusement event includes an activity which, in the judgment
of the Town Board, will disturb the public peace and good order of
the Town or adversely affect the use and enjoyment of adjoining properties
in adjoining use districts or that the conduct of the function will
not be consistent with or will jeopardize the health, safety or welfare
of the residents of the Town of Huntington and/or the amusement event
attendees.
[Amended 9-14-2021 by L.L. No. 55-2021]
(E)
Town Board Action. Where the Town Board presides over
the hearing it may sustain the determination of the Town Clerk to
deny, suspend or revoke a permit which has been issued, or may reverse
the determination, in whole or in part, with or without conditions.
The Town Board shall consider the reasons for such denial, suspension
or revocation as well as the evidence presented by the applicant and
shall render its findings and determinations no later than the next
regularly scheduled Town Board meeting following the public hearing.
The Town Board may determine the appeal on the same day as the hearing.
The Town Clerk, with the assistance of the Town Attorney, shall notify
the applicant of the Board's determination by registered mail, return
receipt requested, within three (3) business days after such determination
by the Town Board. The decision of the Town Board shall be on file
with the Town Clerk and shall be final, subject to review by a court
of competent jurisdiction.
[Amended 9-14-2021 by L.L. No. 55-2021]
(F)
Administrative Hearing Officer. The Town Board may
appoint an administrative hearing officer to conduct an appeal hearing
on the denial, suspension or revocation of a permit which has been
issued. It is the intention of the Town Board to protect the legal
rights of the public by insuring that due process is delivered as
expeditiously as possible by providing for an administrative hearing
officer to alternatively preside over such appeals. In order to accomplish
this goal, the Town Board is exercising its authority under § 10(1)(ii)(a)(12)
of the Municipal Home Rule Law, § 136(1) and § 137
of the Town Law and any other applicable provision of law now or hereafter
enacted, to supersede and/or expand upon the applicable provisions
of § 137 of the Town Law, and any other applicable or successor
law, in order to permit an appointed administrative hearing officer
to preside over the suspension, denial or revocation of a permit.
[Amended 9-14-2021 by L.L. No. 55-2021]
(G)
The hearing officer shall file his/her written findings and recommendations with the Town Board no later than five (5) days from the close of the hearing. The Town Board may accept or deny the recommendations of the hearing officer in whole or in part, and may also revoke a permit which has been suspended. The Town Board shall render its decision as in § 91-14(E) herein. The hearing officer shall send his/her written findings and recommendations to the applicant by regular or certified mail no later than five (5) days from the close of the hearing.
(A)
Notwithstanding the issuance of a permit in accordance with the provisions of this chapter, no amusement event shall commence operation or open to the public unless the applicant has first obtained, if applicable, an operational permit from the Chief Fire Marshal of the Town of Huntington pursuant to Town of Huntington Code Chapter 111 Fire Prevention, § 111-77 Tents, canopies, and temporary membrane structures. Such permit must be filed by the applicant with the Town Clerk prior to the commencement of operations as set forth in the permit.
[Amended 9-14-2021 by L.L. No. 55-2021]
(B)
All tents, rides, buildings, structures, pavilions
and electrical wiring equipment shall be in place and operational
for purposes of inspection by Town officials no later than 12:00 noon
of the last business day immediately prior to the scheduled opening
of said amusement event. Any changes to the site plan made between
the time of application and the date of inspection by Town officials,
for which the Town Clerk has not been notified or provided with an
amended site plan incorporating the changes, a penalty of two hundred
fifty dollars ($250.) shall be immediately due and payable by the
amusement company, or, if an amusement company has not been retained,
the applicant. No inspection shall be complete and a permit shall
not be issued until such penalty is paid and an amended site plan
is filed with the Town Clerk.
[Amended 7-1-2003 by L.L. No. 24-2003; 9-14-2021 by L.L. No. 55-2021]
(C)
No person is permitted to effectuate a change in the
location, number and size of any tent, amusement ride, building, structure,
pavilion or electrical wiring equipment after an inspection by Town
officials has taken place without the prior written consent of the
Town Clerk. All such requests for changes shall be submitted in an
amended application with a new site plan incorporating the proposed
changes.
[Amended 7-1-2003 by L.L. No. 24-2003; 7-16-2019 by L.L. No. 31-2019; 9-14-2021 by L.L. No. 55-2021]
Amusement rides, equipment and structures used for the amusement
event shall not be assembled, dismantled and/or removed after 11:00
p.m. All amusement rides, equipment, tents, pavilions and other structures
erected or used for the amusement event shall be dismantled and removed
from the premises where the event took place within three (3) days
of the conclusion of the event. For events on Town property the premises
must be cleared of all equipment and cleaned within forty-eight (48)
hours of the expiration of the event unless an extension is approved
by the Town Attorney.
[Added 7-1-2003 by L.L. No. 24-2003; 11-6-2019 by L.L. No. 56-2019]
(A)
The owner of the land, applicant, and/or the amusement company who
commits or permits any acts in violation of any provision of this
chapter shall be deemed to have committed an offense against this
chapter, and shall, upon conviction thereof, be subject to a fine
of not less than two hundred fifty dollars ($250.) and not more than
one thousand five hundred dollars ($1,500.) Each day, or part thereof,
such violation continues or is permitted to exist following notification
by the Town or service of a summons, appearance ticket or notice of
violation returnable before the Bureau of Administrative Adjudication
shall constitute a separate offense, punishable in like manner. Any
person or entity found by the Bureau of Administrative Adjudication
to have violated any provision of this chapter shall likewise be subject
to a monetary penalty in an amount within the range of fines authorized
herein for any offense or continuing offense.
[Amended 9-14-2021 by L.L. No. 55-2021]
(B)
In addition to any other penalty, the Town Clerk shall not issue
a permit to an applicant who has had one conviction for a violation
of this chapter, or has been found by the Bureau of Administrative
Adjudication to have violated this chapter, within a period of two
(2) years. Such prohibition shall commence on the date of the conviction
or determination by the Bureau and shall continue until the expiration
of two succeeding years.
