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Office of the Town Clerk
Diane Mi Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
December 18, 2019
Honorable Town Clerk:
Your response to this letter will acknowledge receipt of the attached resolution
adopted by the Riverhead Town Board. Kindly please sign and email back to the
Riverhead Town Clerk, Diane Wilhelm at wilhelm townofriverlieadn ov®
Signature.(," w ;, � ., Date: LZ
Town Board Meeting December 17, 2019 6:00 PM
ENCLOSED HEREWITH please find the following resolution which was adopted by the
Riverhead Town Board at a Regular Town Board meeting on December 17, 2019
#25- Resolution #889—Adopted 12/17/19
ADOPTS A LOCAL LAW FOR AMENDMENTS TO CHAPTER 255 ENTITLED
"PARADES, ASSEMBLIES AND SPECIAL EVENTS" OF THE RIVERHEAD TOWN
CODE
Sincerely,
J
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Diane M. Wilhelm
Town Clerk
DW:cd
200 Howell Avenue — Riverhead,
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Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
December 18, 2019
Suffolk County Planning Department
L.I. State Park Commission
Town of Southold
Town of Southampton
Town of Brookhaven
ENCLOSED HEREWITH please find the following resolution which was adopted by the
Riverhead Town Board at a Regular Town Board meeting on December 17, 2019
#25- Resolution #889 -Adopted 12/17/19
ADOPTS A LOCAL LAW FOR AMENDMENTS TO CHAPTER 255 ENTITLED
"PARADES, ASSEMBLIES AND SPECIAL EVENTS" OF THE RIVERHEAD TOWN
CODE
If you have any questions, please call Carol Del Vecchio at 631-727-3200, Ext 262, or
Diane Wilhelm at Ext. 260
Sincerely,
Diane M. Wilhelm
DMW:cd
200 Howell Avenue - Riverhead, New York 11901- (631)727-3200 Ext. 260 - Fax
(631)208-4034
'�r'M LTP OWFp"CTAS� U P 5 M J
Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
December 18, 2019
Honorable Town Clerk:
Your response to this letter will acknowledge receipt of the attached resolution
adopted by the Riverhead Town Board. Kindly please sign and email back to the
Riverhead Town Clerk, Diane Wilhelm at wil helm ,townofriverheadny.gov.
Signature: Date:
Town Board Meeting December 17, 2019 6:00 PM
ENCLOSED HEREWITH please find the following resolution which was adopted by the
Riverhead Town Board at a Regular Town Board meeting on December 17, 2019
#25- Resolution #889-Adopted 12/17/19
ADOPTS A LOCAL LAW FOR AMENDMENTS TO CHAPTER 255 ENTITLED
"PARADES, ASSEMBLIES AND SPECIAL EVENTS" OF THE RIVERHEAD TOWN
CODE
Sincerely,
Diane M. Wilhelm
Town Clerk
DW:cd
200 Howell Avenue - Riverhead, New York 11901- (631)727-3200 Ext. 260 - Fax
(631)208-4034
9.1
12.17.2019 ADOPTED
TOWN OF RIVERHEAD
Resolution 2019-889
ADOPTS A LOCAL LAW FOR AMENDMENTS TO CHAPTER 255 ENTITLED
"PARADES ASSEMBLIES AND SPECIAL EVENTS" OF THE RIVERHEAD TOWN
CODE
Councilman Wooten offered the following resolution,
which was seconded by Councilwoman Giglio
WHEREAS, the Town Clerk's Office was authorized to publish the attached
public notice of a local law to consider amendments to Chapter 255 entitled, "Parades,
Assemblies and Special Events" of the Riverhead Town Code"; and
WHEREAS, pursuant to 6 NYCRR §617.5 (C) (33), the adoption of proposed
code amendments is classified as a Type II action; and
WHEREAS, a public hearing was held on the 17th day of December, 2019 at 6:10
o'clock p.m. at the Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York the
date, time and place specified in said public notice, and all persons wishing to be heard
were heard.
NOW THEREFORE BE IT RESOLVED, that the local law entitled amendments
to Chapter 255 entitled, "Parades, Assemblies and Special Events" of the Riverhead
Town Code is hereby adopted as specified in the attached notice of adoption; and be it
further
RESOLVED, that the Town Clerk is hereby authorized to publish the attached
notice of adoption once in the News-Review Newspaper and to post same on the
signboard at Town Hall; and be it further
RESOLVED, that all Town Departments may review and obtain a copy of the
resolution from the electronic storage device and, if needed, a certified copy of same
may be obtained from the Office of the Town Clerk.
THE VOTE
RESULT: ADOPTED [UNANIMOUS]
MOVER: James Wooten, Councilman
SECONDER: Jodi Giglio, Councilwoman
AYES: Jens-Smith, Wooten, Giglio, Hubbard, Kent
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TOWN OF RIVERHEAD
NOTICE OF ADOPTION
PLEASE TAKE NOTICE that the Town Board of the Town `at Riverhead adopted
a local law to amend Chapter 255 of the Riverhead Town Code entitled "Special
Events" at its meeting held on December 17, 2019. Be it enacted by the Town Board of
Riverhead as follows:
Chapter 255
Parades, Assemblies and Special Events
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ARTICLE 11 E
Special Events
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§255-8. Definitions. LO
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Unless otherwise expressly stated, the following terms shall, for the purposes of this 41
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article, have the meanings set forth below: 0
CHARITABLE ORGANIZATIONS -An organization as defined in New York State 00
Executive Law§171 -a. including but not limited to not-for-profit corporations. Such 0?
charitable organizations shall be recognized as exempt from federal taxation under Internal C)
Revenue Code §501 (c) and shall be duly registered with the Charities Bureau of the
Attorney General of the State of New York, if required.
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§255-9.Permit required;application. "a
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A. Written permit required.
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(1) Special event sheFt feFrR appliGatiGR,small gathering.Where 100 to 1,000 750 attendees
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are expected at the event and the event duratieR Or-, 12hp-i--ps Arle per calendar day, no 0
person shall use,allow, let or permit property to be used for a special event unless a special
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event permit has been issued by the Town Board of the Town of Riverhead. LO
(2) Special event ate, large gathering.Where 75x- 1,001 to 2500 4,000 attendees are
expected at the event ar the eVeRt duFatiE)R is mere thaR 12 hours per calendar day, no E
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person shall use, allow, let or permit property to be used for a special event unless a M
special event pen-nit has been issued by the Town Board of the Town of Riverhead.
(3) Special event IG)Rg fG , IaW massive gathering. Where 2504 4,.001 to-5009 or more
attendees are expected at the event eir the GIUFatieR is mere thaR 12 hZ=_ per
calendar day, no person shall use, allow, let or permit property to be used for a special
event unless a special event pen-nit has been issued by the Town Board of the Town of
Riverhead.
B. Required filing date. Application for such permit shall be on the form provided by the Town
Clerk, shall contain all of the required information and material, addressed to the Town
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Board and filed with the office of the Town Clerk in accordance with the below filing dates
based on the type of special event. The TA-yVP Renrld OR its!di[`pretiep may pFE)Vm de fer aR
expedited reyiewfer o speei-Al evepts permit r rprder this ortinlo
(1) SpeGial eveRt sheFt form appliGatiORS shall be filed at least 90 GaleRdar days PrieF te
Gemmepnemept dates of spepial e„epts. An application for a special event small
gathering shall be filed at least 90 calendar days prior to the commencement date
of the special event small gathering.
(2)
appliGatieR shall be flied at least 189 days pFmqF tA- thp- r__A_.m.meRGemeRt date E)f the
speoiol eve
p+ An application for a special event large gathering shall be filed at
least 120 calendar days priorto the commencement date of the special event large
gathering_
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(3) 7Fer aR-etlCeRt where 2 er mere speeteters pre evpeeted at ep i epe time LO
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770 days pri tr the nemm ept date of thespeeiol event �
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for a special event massive gathering shall be filed at least 180 calendar days
prior to the commencement date of the special event massive gathering.
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temporary utilities to be installed fer the eVeRt
provide GRe paFkiRg spaGe fer every four PerSE)Rs at peak atteRdaRGe shall be !14
aeeerdaRr.e with the Fire NAershel's etbaGk n„irlelipes
the prepaFatiE)R and sale ef feed, and a GGPY ef their state andieF GeuRty IiGeense/permit
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GeMpliaRwith the appliGable FeqUiFeMeRtS of the NF=PA Life Safety Code (NFPAIOI), the NF=PA C
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Temperary Membrane Str6iEt6rFes4eRts-(NF=PA 102) and the l=ire-Cede-of Ne-
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C. Information and material to be submitted with a completed special event lqRg fe 0
application. Such application shall include the following written material: CD
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(1) The name,age and address of the applicant; if the applicant is a corporation, the name
of the corporation and the names and addresses of diFeGtGrs and OffiGerS the president 0
of the corporation„the appliGaRt dOeS R4t reside OR SU#slk GeuRty, the me, address <
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and PhORe %mber ef aRy ageRt, whe sh-all -him a RatuFal peMGR and shall reside er have Ln
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yiE)I']tieps of @Ry law, errlipepee Fules er regulatieRs. The proposed special event E
address. The name and address of the record owner of the subject property or
properties and the nature and interest of the applicant in the property; proposed use of d
Town or other publicly owned properties.
(2)
P-proposed dates and hours of the special event, including
setup and shutdown times; expected maximum number of persons intended to use the
property at one time and collectively, including organizers, employees, vendors,
exhibitors and spectators; the expected number of automobiles and other vehicles
intended to use the property at one time and collectively; if there are animals, the
Packet Pg.26
9.1.a
approximate number and types of animals, the name, address and telephone number
of the contractor providing and/or transporting the animals, the storage and provisions
for disposal of all animal wastes; the purpose of the event, describing in detail the
nature of the activities to be carried on and the admission fee to be charged, if any,
and the name of groups, organizations, charities or individuals who shall benefit from
the proceeds of the event.
(3) A plan and drawing, drawn to scale, showing the size of the property; the zoning
district in which it is located; the streets or highways abutting said property the size and
location of any existing building, buildings or structures or of any proposed building,
buildings or structures; the type and location of all signs to be erected for the temporary
event; the location of the stage or tents, if any, proposed to be erected; the designated
areas of use for spectators,exhibitors,vendors, employees, and organizers;the location
of all exits; the location of all fire extinguishers and other fire safety equipment; and the c
location of all temporary utilities to be installed for the event. E
(4) An environmental impact study fe Fequi;edbythe T�oAe;;e! LO
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(5) A plaR and draWiRg SheWiRg the methed te be used feF the dispesal ef saRitaFy waste and o
sewage, subjeGt te appFeval by the T-E)WR ef Riverhead and Suffolk County DepartmepA
of Health SeFVieeS. A certification by the applicant that all other applicable
government permits and approvals as may be required, including but not limited to CO
approvals/permits from the Suffolk County Department of Health Services, the New York a)
State Department of Health, the New York State Liquor Authority, shall be obtained prior
to commencement of the event. c
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(g) A plaR and draWiRg sheWiRg the method to be used fbr the supply, sterage and distributieR Q
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of Health SeFV!Ges• 0 O
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{7-) (6)A plan and drawing showing the layout of any parking area for automobiles and o
other vehicles and the means of ingress and egress to such parking area. Such parking =
area shall provide one parking space for every four persons in attendance and shall be o
in accordance with the Fire Marshal's setback guidelines.
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(8) Provisions to dispose of any garbage, trash, rubbish or other refuse, subject to N
approval by the Town of Riverhead and Suffolk County Department of Health Services.
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(4) The name, address and telephone number of the person(s)who will be engaged
in the preparatien-aad sale of f(xA, beer or alcohol
New York State Liquor Authority approval
to be delivered to the Town Clerk's office prior to the commencement of service.
40) (9)A plan for the use of live music, loudspeakers, horns, or other sounds which will be
used, if any, and the type and location of speakers and other audio equipment.
44) 10 A plan for the use of lighting, if any, and the type and location of such equipment.
0-2) 11 The name and address of the security company, if any, which will work on the
premises, and a description of the duties to be performed, subject to the approval of
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9.1.a
the Chief of Police.
43) 12 A description for fire protection and a map specifying the location of fire lanes and
water supply for fire control, subject to approval of the Fire Chief and Fire Marshal.
04) 13 A copy of the completed application filed with the Suffolk County Department of
Health Services, Emergency Medical Services.The Town Board may require applicant
to contract for its own medical and/or ambulance services.
45) A description of the communications plan to be utilized by the event organizer to
facilitate command and control of all routine and emergency activities related to the
event, subject to approval by the Chief of Police and Fire Marshal.
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{4-6) 15 A description of tents or other temporary structures, camping or housing facilities D
to be available, if any, and a plan showing the intended number and location of them, E
compliance with the applicable requirements of the NFPA Life Safety Code <
(NFPA101), the NFPA Temporary Membrane Structures/Tents (NFPA 102) and the LO
Fire Code of New York State. N
k4-7) A plan demonstrating that the event shall be handicapped accessible to the extent
practical.The applicant shall provide handicapped accessibility for restroom facilities and
adequate handicapped parking as close to the event as practical. CO
0-8) (17) If any type of banner is to be displayed adjacent to a Town, county or state road, N
the applicant shall include the size of the banner, location of the banner and the dates
that it will be displayed and submit approvals from the appropriate town, county and state o
agencies prior to the display of the banner. o
4-9) 18 A plan describing the rehabilitation of the event site to its original condition, o
including but not limited to rubbish and trash removal, removal of all temporary
structures and restoration of all landscaping and other public property to a condition o
comparable to that prior to the event.
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{28) 19 Rejection by the Town Clerk-The Town Clerk shall have the authority to reject
any application that the Town Clerk finds incomplete. If a certificate of insurance is LO
not received 30 days prior to the commencement of the event, then the application N
shall be deemed incomplete and will result in the denial of the application.
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§255-11.Review of application;approval or denial of permit U
A. All applications for a permit shall be reviewed by the Town Board, Town Attorney,
Chief of Police and Fire Marshal. The Town Attorney, Chief of Police and Fire
Marshal shall submit a written report to the Town Board explaining any issues and/or
concerns that must be addressed concerning the application. The Fire Marshal shall
obtain such further reports from local public safety organizations, including
ambulance and fire districts, as appropriate. The Chief of Police shall also provide a
written estimate of additional police services that shall be necessary to adequately
protect the public during the event. The Town Board may also request an advisory
report from the Planning Board and from any other advisory board whose expertise
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9.1.a
and evaluation may be appropriate.
B. In determining whether to approve or deny an application, the Town Board shall
consider the information provided in the application and such other information as
may be available, including but not limited to:
(1) The environmental impact study.
(2) Impact of the event on the safe and orderly movement of traffic within
and contiguous to the event.
(3) Need for the Town to police such event, and whether the numbers of police
officers assigned to properly police such event will prevent the Town from
providing adequate police protection to the remainder of the Town. E
(4) Impact of the event on fire and police protection and ambulance service
to the areas contiguous to the event and to the Town in general. Q
(5) Impact of the event on the movement of firefighting equipment or LO
ambulance service to areas contiguous to the event. U)
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(6) Impact of the event on the general health, safety and welfare of the Town Q
as identified through the state environmental quality review pursuant to
New York State Code of Rules and Regulations Part 617. 00
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(7) Verifiea}inn that }hero are RG Oeutstanding 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 0
of Appeals. o
(8) Verification that the information contained in the application is not found to be false or o
nonexistent in any material detail.
(9) Verification that the grant of the permit would not violate any existing covenants on the
property. o
(10) If one or more events are scheduled for the same date and time that aFe WithiR a half Ln
mile-radius of each other, the Town Board will determine if there are adequate N
resources for all these events. If there are not sufficient resources to ensure C
public health and safety, the Town Board shall deny one or more permits if the E
impacts of the events cannot be mitigated. When deciding which event to deny,
the Town Board shall consider the following:
(a) Whether the event is recurring.
(b) Whether this recurring event has been subject to a violation within the last
three years.
(c) The date the permit application was submitted to the Town Clerk.
(d) If events occurred the prior calendar year, the Town Board shall consider
what their impact was on that area of the Town.
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(11) A donation to one or more local charities.
(12) If an applicant is requesting a special event permit that was held the previous
year, verification must be submitted from those charities listed on the previous
application.
(13) Possible conflicts with other events and seasonal demands which may overtax
or cause undue burden on Town services for parades and special events-,-S�
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§255-12.Application fees. N
C. Late applications shall incur a fee. Applications of $20 per day beyond the o
submission deadline will be accepted as set forth in §255-9 B. Any sh„
special event small gathering applications submitted within 45 days of the proposed
commencement of the event will be denied. Any IeRg ferm special event large CO
gathering applications submitted within 60 days of the proposed commencement of
the event will be denied. Any special event massive gathering applications N
submitted within 120 days of the proposed commencement of the event will be
denied. 0
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D. Any amendment to the application for a parade or special event will be subject to
an amendment fee of 250% of the appliGat OR foo $150.00. Amendments requiring o
a resolution may include changes to the location, route, parking plan, number of CD
people expected, etc. Amendments to Fire Safety Plans or Parking Plans at the o
request of the Town are not considered amendments to the application.
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§255-20.Penalties for offenses.
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A violation of any of the provisions of this article, or violation of any of the terms and conditions
of a permit issued under this Article, shall, upon conviction thereof, be punishable by a fine of not E
less than $250 nor more than $1,000 for each offense or by imprisonment for a period not
exceeding 30 days, or by both such fine and imprisonment, in addition to any fines imposed
hereunder. Failure to obtain a special event permit as defined herein, shall be an offense and
the fine shall be the applicable special event application fee, plus an amount not less than
$250 nor more than $1000. Each day that such event occurs, is conducted, or otherwise takes
place without a special event permit having been issued, shall be considered a separate
offense.
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§255-20.Amnesty;effeG*jve date.for offenses
The Ruverhe-Ad- T-A-�.AiA BeaFd has deteFMiRed that a twelve MGRth aMResty peried ftem the date-
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)R ef the !E)Gal law(LL Ne. 25 2918), adopted GR DeGembeF 18, 2018 shall be plaGed iR
-�.Rd as 66IGh, LL Ne. 25 2018 shall take eff� 9R DeGembeF 18, 2019. This ame dmeRt
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wheR adepted shall be effentive immediately. <
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• Overstrike represents deletion(s)
• Underscore represents addition(s) 0
Dated: Riverhead, New York
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December 17, 2019 C?
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BY ORDER OF THE TOWN BOARD
OF THE TOWN OF RIVERHEAD 2C:
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DIANE WILHELM, Town Clerk 'a
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Town of Riverhead
Local Law# 25-2019
Chapter 255 Parades,Assemblies and
Special Events
ARTICLE 11
Special Events
§255-8.Definitions.
Unless otherwise expressly stated, the following terms shall, for the purposes of this
article, have the meanings set forth below:
CHARITABLE ORGANIZATIONS-An organization as defined in New York State
Executive Law§171 -a. including but not limited to not-for-profit corporations. Such
charitable organizations shall be recognized as exempt from federal taxation under Internal
Revenue Code§501 (c) and shall be duly registered with the Charities Bureau of the
Attorney General of the State of New York, if required.
§2559.Pen-nit required;application.
A. Written permit required.
(1) Special event small gathering. Where 100 to 1,000 attendees are expected at the event
per calendar day, no person shall use, allow, let or permit property to be used for a special
event unless a special event permit has been issued by the Town Board of the Town of
Riverhead.
(2) Special event large gathering.Where 1,001 to 4,000 aftendees.are expected at the event
per calendar day, no person shall use, allow, let or permit property to be used for a
special event unless a special event permit has been issued by the Town Board of the
Town of Riverhead.
(3) Special event large massive gathering.Where 4,001 or more-attendees are expected at
the event per calendar day, no person shall use, allow, let or permit property to be used
for a special event unless a special event permit has been issued by the Town Board of
the Town of Riverhead.
B. Required filing date.Application for such permit shall be on the form provided by the Town
Clerk,shall contain all of the required information and material,addressed to the,Town
Board and filed with the office of the Town Clerk in accordance with the below filing dates
based on the type of special event.
(1) An application for a special event small gathering shall be filed at least 90 calendar
days prior to the commencement date of the special event small gathering.
(2) An application for a special event large gathering shall be filed at least 120
calendar days prior to the commencement date of the special event large
gathering.
(3) An application for a special event massive gathering shall be filed at least 180
calendar days prior to the commencement date of the special event massive
gathering.
C. Information and material to be submitted with a completed special event
application. Such application shall include the following written material:
(1) The name and address of the applicant; if the applicant is a corporation, the name of
the corporation and the names and addresses of the president of the corporation. The
proposed special event address. The name and address of the record owner of the
subject property or properties and the nature and interest of the applicant in the
property: proposed use of Town or other publicly owned properties.
(2) Proposed dates and hours of the special event, including setup and shutdown times;
expected maximum number of persons intended to use the property at one time and
collectively, including organizers, employees, vendors, exhibitors and spectators;the
expected number of automobiles and other vehicles intended to use the property at
one time and collectively; if there are animals, the
approximate number and types of animals,the name, address and telephone number
of the contractor providing and/or transporting the animals, the storage and provisions
for disposal of all animal wastes; the purpose of the event, describing in detail the
nature of the activities to be carried on and the admission fee to be charged, if any,
and the name of groups, organizations, charities or individuals who shall benefit from
the proceeds of the event.
(3) A plan and drawing, drawn to scale, showing the size of the property; the zoning
district in which it is located;the streets or highways abutting said property the size and
location of any existing building, buildings or structures or of any proposed building,
buildings or structures;the type and location of all signs to be erected for the temporary
event;the location of the stage or tents, if any, proposed to be erected;the designated
areas of use for spectators,exhibitors,vendors,employees,and organizers;the location
of all exits;the location of all fire extinguishers and other fire safety equipment; and the
location of all temporary utilities to be installed for the event.
(4) An environmental impact study.
(5) A certification by the applicant that all other applicable government permits and
approvals as may be required, including but not limited to approvals/permits from the
Suffolk County Department of Health Services,the New York State Department of Health,
the New York State Liquor Authority, shall be obtained prior to commencement of the
event.
(6) A plan and drawing showing the layout of any parking area for automobiles and other
vehicles and the means of ingress and egress to such parking area. Such parking area
shall provide one parking space for every four persons in attendance and shall be in
accordance with the Fire Marshal's setback guidelines.
(7) Provisions to dispose of any garbage, trash, rubbish or other refuse, subject to approval
by the Town of Riverhead and Suffolk County Department of Health Services.
(8)The name, address and telephone number of the person(s)who will be engaged in the
sale of beer or alcohol. New York State Liquor Authority approval to be delivered to
the Town Clerk's office prior to the commencement of service.
(9) A plan for the use of live music, loudspeakers, horns, or other sounds which will be used,
if any, and the type and location of speakers and other audio equipment.
(10) A plan for the use of lighting, if any, and the type and location of such equipment
(11) The name and address of the security company, if any, which will work on the
premises, and a description of the duties to be performed, subject to the approval of
the Chief of Police.
(12) A description for fire protection and a map specifying the location of fire lanes and water
supply for fire control, subject to approval of the Fire Chief and Fire Marshal.
(13) A copy of the completed application filed with the Suffolk County Department of Health
Services,Emergency Medical Services.The Town Board may require applicantto contract
for its own medical and/or ambulance services.
(14) A description of the communications plan to be utilized by the event organizer to facilitate
command and control of all routine and emergency activities related to the event,
subject to approval by the Chief of Police and Fire Marshal.
(15) A description of tents or other temporary structures, camping or housing facilities to be
available, if any, and a plan showing the intended number and location of them,
compliance with the applicable requirements of the NFPA Life Safety Code
(NFPA1 01),the NFPA Temporary Membrane Structures/Tents(NFPA 102)and the Fire
Code of New York State.
(16)A plan demonstrating that the event shall be handicapped accessible to the extent practical.
The applicant shall provide handicapped accessibility for restroom facilities and adequate
handicapped parking as close to the event as practical.
(17) If any type of banner is to be displayed adjacent to a Town, county or state road, the
applicant shall include the size of the banner, location of the banner and the dates that itwill
be displayed and submit approvals from the appropriate town, county and state agencies
prior to the display of the banner.
(18) A plan describing the rehabilitation of the event site to its original condition, including
but not limited to rubbish and trash removal, removal of all temporary structures and
restoration of all landscaping and other public property to a condition comparable to
that prior to the event.
(19) Rejection by the Town Clerk - The Town Clerk shall have the authority to reject any
application that the Town Clerk finds incomplete. If a certificate of insurance is not
received 30 days prior to the commencement of the event, then the application shall be
deemed incomplete and will result in the denial of the application.
§255-11.Review of application;approval or denial of permit
A. All applications for a permit shall be reviewed by the Town Board, Town Attorney,
Chief of Police and Fire Marshal. The Town Attorney, Chief of Police and Fire
Marshal shall submit a written report to the Town Board explaining any issues and/or
concerns that must be addressed concerning the application, The Fire Marshal shall
obtain such further reports from local public safety organizations, including
ambulance and fire districts, as appropriate. The Chief of Police shall also provide a
written estimate of additional police services that shall be necessary to adequately
protect the public during the event, The Town Board may also request an advisory
report from the Planning Board and from any other advisory board whose expertise
and evaluation may be appropriate.
B. In determining whether to approve or deny an application, the Town Board shall
consider the information provided in the application and such other information as
may be available, including but not limited to:
(1) The environmental impact study.
(2) Impact of the event on the safe and orderly movement of traffic within
and contiguous to the event.
(3) Need for the Town to police such event, and whether the numbers of police
officers assigned to properly police such event will prevent the Town from
providing adequate police protection to the remainder of the Town.
(4) Impact of the event on fire and police protection and ambulance service to
the areas contiguous to the event and to the Town in general.
(5) Impact of the event on the movement of firefighting equipment or
ambulance service to areas contiguous to the event.
(6) Impact of the event on the general health, safety and welfare of the Town
as identified through the state environmental quality review pursuant to
New York State Code of Rules and Regulations Part 617.
(7) 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.
(8) Verification that the information contained in the application is not found to be false or
nonexistent in any material detail.
(9) Verification that the grant of the permit would not violate any existing covenants on the
property.
(10) If one or more events are scheduled for the same date and time of each other, the
Town Board will determine if there are adequate resources for all these events.
If there are not sufficient resources to ensure public health and safety, the Town
Board shall deny one or more permits if the impacts of the events cannot be
mitigated. When deciding which event to deny, the Town Board shall consider
the following:
(a) Whether the event is recurring.
(b) Whether this recurring event has been subject to a violation within the last
three years.
(c) The date the permit application was submitted to the Town Clerk.
(d) If events occurred the prior calendar year, the Town Board shall consider
what their impact was on that area of the Town.
(11) A donation to one or more local charities.
(12) If an applicant is requesting a special event permit that was held the previous
year, verification must be submitted from those charities listed on the previous
application.
(13) Possible conflicts with other events and seasonal demands which may overtax
or cause undue burden on Town services for parades and special events.
§255-12.Application fees.
C. Late applications shall incur a fee. Applications beyond the
submission deadline will be accepted as set forth in §255-9 B. Any
special event small gathering applications submitted within 45 days of the proposed
commencement of the event will be denied. Any special event large
gathering applications submitted within 60 days of the proposed commencement of
the event will be denied. Any special event massive gathering applications
submitted within 120 days of the proposed commencement of the event will be
denied.
D. Any amendment to the application for a parade or special event will be subject to
an amendment fee of$150.00. Amendments requiring a resolution may include
changes to the location, route, parking plan, number of people expected, etc.
Amendments to Fire Safety Plans or Parking Plans at the request of the Town are
not considered amendments to the application.
§255-20.Penafties for offenses.
A violation of any of the provisions of this article, or violation of anv of the terms and conditions
of a permit issued under this Article, shall, upon conviction thereof, be punishable by a fine of not
less than $250 nor more than $1,000 for each offense or by imprisonment for a period not
exceeding 30 days, or by both such fine and imprisonment, in addition to any fines imposed
hereunder. Failure to obtain a special event permit as defined herein, shall be an offense and
the fine shall be the applicable special event application fee, plus an amount not less than
$250 nor more than $1000. Each day that such event occurs, is conducted, or otherwise takes
place without a special event permit having been issued, shall be considered a separate
offense.