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HomeMy WebLinkAboutLL 2009 #08ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road ; ii'~'~.0. Box 1179 - Southold, New York 11971 ~" ~' ~ (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net RECEIVED OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 7, 2009 dUN 1 5 2009 Soulhold Town Clerk PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARINGS on the proposed Local Laws listed below on June 2, 2009: 4:40 PM - A Local Law in Relation to Yard Sales 4:45 PM - A Local Law in Relation to Special Events Please sign the duplicate of this letter and return to me at your earliest convenience in the self- addressed envelope. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Long Island State Park Commission Town of Shelter Island Town of Southampton Email: Southold Town Planning Board Southold Town Assessors nt Please print name Southold Town Trustees Southold Town Board of Appeals Date: ~ Title: ~~. ~'('. DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK DAVID A. PATERSON GOVERNOR STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA 99WASHINGTON AVENUE ALBANY, NY 12231-0001 LORRAINE A. CORT~S-VAZQUEZ SECRETARY OF STATE June 18, 2009 Lynda M Rudder Deputy Town Clerk Town Hall, 53095 Main Road PO Box 1179 Southold NY 11971 RECEIVED JUN 2 4 2009 S0uth01d Town Clerk RE: Town of Southold, Local Law No. 6, 7 & 8, 2009, filed on June 15, 2009 Dear SidMadam: The above referenced material was received and filed by this office as indicated. Additional local law filing forms can be obtained from our website, www. d os. state, ny. u s/co rp/misc, html. Sincerely, Linda Lasch Principal Clerk State Records and Law Bureau (518) 474-2755 VW~N.DOS.STATE.NY.US E-MAIL: INFO,DOS.STATE.NY.US SOUTHOLD TOWN BOARD PUBLIC HEARING June 2, 2009 4:45 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Thomas Wickham Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Vincent Orlando Town Attorney Martin Finnegan Town Clerk Elizabeth Neville This hearing was opened at 5:20 PM COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN, there has been presemed to the Town Board of the Town of Southold, Suffolk County, New York, on the 5th day of May 2009, a Local Law entitled "A Local Law in relation to Special Events" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public heating on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 2nd day of June, 2009 at 4:45 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, "A Local Law in relation to Special Events" reads as follows: LOCAL LAW NO. 2009 A Local Law entitled, "A Local Law in relation to Special Events". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - Organized events that attract a large number of people, if not regulated by the Town can adversely affect the well-being of Town residents. Due to the increase in the number of events, additional regulations are required for special events that utilize Town amenities, resources and property. Experience has shown the need for procedures whereby the Town can be informed of such special events and can regulate them or prohibit those special events and can regulate safety, health and/or the public welfare. Il. Chapter 205 of the Code of the Town of Southold is hereby amended as follows: § 205-1. Certain entertainment restricted; permit required. A. To preserve public peace and good order and to prevent tumultuous assemblages, the following special events shall be prohibited in the Town Special Events Public Hearing June 2, 2009 of Southold, unless a permit is obtained in accordance with the requirements set forth belo ~" ~"~'~: .... *'~ .... ~ ....... '~ ~-*~'~: .... ' (1) All events or activities occurring on public property, having more than 50 persons in attendance, open to the public, conducted outdoors, with or without an admission or invitation fee, a sponsorship, or requested dOnation and held on a one-time or occasional basis, including but not limited to carnivals, circuses, fairs, bazaars, outdoor shows, parades, walks, runs, marathons or bicycle races are prohibited in the Town of Southold, unless a permit is obtained in accordance with the requirements set forth below. (2) Outdoor events at a winery, for profit, at which the expected attendance exceeds the maximum occupancy of the public area of the building. B. Application for events on or utilizing public property: (1) All applications for a special events permit shall be made to the Town Board of the Town of Southold at least 60 days prior to the proposed date of the event and filed with the Town Clerk, together with a fee of $100; $250.00 clean-up deposit fee; and a Certificate of Insurance not less than $1,000,000.00 naming the Town of Southold as an additional insured during the time of the event. (2) Where the Town Board determines that there is no specific Town benefit from the event or that the event is conducted for profit, a deposit shall be made in an amount to be determined prior to issuance of the permit based upon the estimated direct costs attributable to additional police and highway costs associated with the event. After the event, the deposit will be used to cover such costs. (3) Upon filing an application for a special event .on public property, the applicant shall send written notice to every property owner abutting or adjacent to the public property, as shown on the current Town of Southold assessment roll, and directly opposite (by extension of the lot lines through a street or right-of-way) of the Special Events Public June :2, :2009 Hearing 3 public property that is the subject of the application. For applications for a special events permit for a parade, walk, run, marathon, bicycle race, or similar events, notice shall be given to property owners abutting or adjacent to the location of the commencement of the event and to all property owners abutting or adjacent to the location of the terminus of the event. The Town Board may require additional notice, including but not limited to publication and signage, based upon the cimumstances involved in each application, as necessary. Said notice shall include the date, time and location of the proposed special event. (4) Notwithstanding the foregoing, the Town Board shall have the discretion to waive any application requirement set forth in §205- 1B(I)-(3) above. C. Town Board Review Criteria: In determining whether to issue a special events permit on an application for an event on or utilizing public property, the Town Board of the Town of Southold shall consider the following: (1) The size of the premises in relation to the number of people attending the event; (2) The sufficiency of arrangements made to control traffic, parking, noise, lighting and refuse; (3) The frequency of events proposed or approved for the premises and whether the frequency is so great that the events constitute a persistent usage of the property incompatible with its character or with that of the surrounding area; (4) Conflicts with ordinary public use of the land or facilities involved; (5) Whether the applicant has been convicted for failure to comply with the terms of this chapter within the past three years; and (6) Special events are strongly discouraged at Town beaches and parks from the Friday before the observance of Memorial Day until Labor Day. Special Events Public Hearing 4 June 2, 2009 Applications for tents under this Chapter must be submitted to the Building Department. [Amended 1-16-2007 by L.L. No. 3-2007] If a winery holds an outdoor event, for profit, at which the expected attendance exceeds the maximum occupancy of the public area of the building, the winery must obtain approval from the Zoning Board of Appeals. An application shall be accompanied by a fifty-dollar fee. In granting such approval, the following factors must be considered: (1) All parking must be off street and traffic control must be provided by the winery. (2) Adequate sanitary facilities must be provided. (3) All food must be catered and prepared off site. (4) Events for 300 or more people require preparation of a traffic control plan. Fo All other public activities which are not a permitted use under the Southold Town Code shall require the approval of the Zoning Board of Appeals. G. Penalties for Offenses. An offense against the provisions of this Chapter shall constitute a .violation of this Chapter and shall be punishable by a fine of not more than $2,500. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have a notice that it has appeared on the Town Clerk's bulletin board as a legal, it has appeared in the Suffolk Times newspaper on the 14th of May and there are not other notices in the file. SUPERVISOR RUSSELL: Would anyone like to come up and address the Town Board Special Events Public Hearing 5 June 2, 2009 on this particular issue? Melanie? TOM SKABRY: Tom Skabry. I have got a question. In overview, is this directly for commercial activities? Is this for, also to include civil activities, civil disobedience activities, demonstrations for example. SUPERVISOR RUSSELL: We didn't get into the constitutional issues when we passed this legislation. Special events that apply to the town for use of town facilities. Typically they are not for profit, some are for profit, it is to create one standard by which everything gets judged. Some are not for profit with a clear public benefit. Some are not. The idea here was to, you know, determine the difference between the Strawberry Festival which generates lots of money to local charities and an event that might be more of an exclusive nature. MR. SKABRY: All right. What if there was a, let's say this law was enacted and I am going to give a hypothetical situation, and there was a law being presented which was for a public hearing which dealt with shutting down farms, which is not going to happen out here. There will be a law severely restricting farming activities out here and the public organized through some organization wants to hold a demonstration outside, is that something that they would have to get a permit for. SUPERVISOR RUSSELL: That is public assembly. We don't speak to the issue of public assembly, we speak to the issue of special events as defined in the code. Things that are designed as special events, typically catered, music, those types of things. We don't speak to the issue of public assembly. That is still a permitted, you know, nobody is trying to regulate the right to assemble, the right to speak out, the right to protest. MR. SKABRY: Okay. That, thank you for... SUPERVISOR RUSSELL: Understood. MR. SKABRY: I don't know too much about that, I just wanted to make sure we weren't going down the wrong road. COUNCILMAN ORLANDO: Tom, what drove this legislation here is that a lot of people from up island were coming to do fund raisers in our town, whether it is triathalons or marathons or bike things .... MR. SKABRY: Yeah. COUNCILMAN ORLANDO: And they were asking for town police escorts or blocked roads, which costs the taxpayers money. And we said we can't do this anymore. So this legislation right now, we still let them do it but they pay a fee for a permit and also the town police let us know how much it costs to assist this and if it is $1500, they have to pay the extra $1500 to cover the police. Special Events Public Hearing 6 June 2, 2009 MR. SKABRY: And it is a good control mechanism. COUNCILMAN KRUPSKI: Control and it makes the town whole when people use, and it is a review process. If it is an orderly event, they are going to be welcomed back and if it is not, they leave a lot of garbage and whatnot, then, you know, we can review that and they won't be welcomed back. COUNCILMAN ORLANDO: And for other events, like Relay for Life, charity things, you know, we don't charge them anything, it is a fund raiser for a great cause. We don't do anything like that. COUNCILMAN WICKHAM: I would like to clarify, the legislation is written rather narrowly and applies really to two situations, one is it applies to events or activities occurring on public property. That means town owned or county owned municipal property. With, you know, with a lot of qualification but that is one and second one, it applies to outdoor events at a winery, for profit at which the expected attendance exceeds a certain amount. MR. SKABRY: Those are the two areas that this legislation applies to. COUNCILMAN WICKHAM: Those are the two areas that this legislation applies to. MR. SKABRY: See, that was what I was getting at. I mean, the part A that you referred to, Tom, with municipally owned properties, does that, are you also telling me that it will also include the right of way along public roads? COUNCILMAN WICKHAM: I wouldn't interpret it that way but .... SUPERVISOR RUSSELL: A right of way along a public road would be part of the public road that is just unimproved. That is what I presume you to mean? There is, again, this law doesn't speak to issues of assemblage or public access. It speaks to special events being held on municipal property. Actually the wineries as part of this legislation, that was part of the code that we already had. What we were fundamentally trying to change was the process by which we sort of weed through who can use Strawberry Fields and who can't. And if we let you use it, we have to be made whole. The cost to the Town is getting pretty substantial. MR. SKABRY: Of course, also for insurance purposes. I understand. SUPERVISOR RUSSELL: Of course. MR. SKABRY: I just wanted to... SUPERVISOR RUSSELL: I am actually interested in sitting down in the very near future and talking about special events issues again, based on what Melanie suggested. Special Events Public Hearing 7 June 2, 2009 MR. SKABRY: Yeah. SUPERVISOR RUSSELL: As a whole new revenue stream. In the meantime, this provides the protocol for the events that are coming in. MR. SKABRY: Okay. So ifl want, all right. Thank you. MELANIE NORDEN: Just a clarification, why wineries? Because if I were a winery owner, I would object to this, saying that it should be all events exceeding a certain amount of people in any place? I mean, that should include restaurants, any other place that has 400 or 500 people hanging around in an outdoor space. So you really should address that because it is prejudicial. COUNCILMAN KRUPSKI: The winery section is already in the code. MS. NORDEN: Change it. But what I am saying is, you can't just say wineries because that is unfair and it is prejudicial to certain industries. So you may want to revisit that and say any private place, like a restaurant or any for profit place where there is a large outdoor event, number one. Number two, I do think because the fees again are in this, that you should relook at that and perhaps think about whether the organization is a for profit or not for profit, what the ticket price is, what the projected revenue is and sit down as if you really were a business. And analyze what your public space is worth and what the market will bear. It really, a large organization that has a large relay race or the American Cancer Society is well able to pay a market fee, and do in many places for event space. Maybe a small organization whose annual income is less than, say, you could put this in the code, $50,000 or $100,000 gets a free ride whether and another organization whose annual income is $5,000,000 can pay a substantial fee and they should and they do everywhere else. Now in the Town of Riverhead, the restrictions are extraordinary. So if you ever do an event at Martha Clara, which I have done, it is not just, it is the Board of Health, it is everybody and everything. And you pay through the nose and it is really, it is really codified and it is very much enacted and events (inaudible) frequently for not meeting this criteria or that criteria. So this is a business and there is a lot of money in this business and to give public spaces away or even to discourage people from using them is really not what you want to do. Again, it should be proactive, we have some beautiful public spaces, we are in the business of tourism. Yes, you can have your wedding on the beach in Southold, you can give us $1,000 and it is fine. And other people will be there swimming and if that is the atmosphere you want or if that is where you met your loved one 25 years ago and you want to, you know, share your rings again, that is great. And you can give us a certain fee. But you are missing a genuine opportunity. Special events generate millions of dollars nationwide, if not billions for organizations. So anytime you would like to sit down, I can sit down with a whole group of fundraisers if you like and maybe we can just advise the Town on how best to market your considerable assets in a fair and reasonable way to all organizations concerned. SUPERVISOR RUSSELL: Thank you. Something we would like to take up. Just on the Special Events Public Hearing June 2, 2009 8 issue of the wineries, I think, I wasn't here when that legislation had been created years ago. But you have to remember that wineries, as ag zone properties, I think the original intent of special events was to allow them on to winery properties. It wasn't meant to handcuff wineries while everyone else got to do what they wanted, but rather to extend a benefit to wineries at the time who only had the agricultural, the underlying agricultural zoning, not the commercial zoning that you might see at a restaurant or another place of a large gathering. I suspect that's maybe what it was but times have changed and you are. right, we should expand that to everybody. Would anybody else like to comment on this specific legislation? PRUDENCE HESTON: Prudence Heston of Cutchogue. I would just ask that as you are looking at this, I do think this should be broader for all ag zoning and not just for wineries and I think that when you are looking at those fees, I do think that you have to be careful, while you are right, there is a lot of money in special events and that kind of thing, there is not a lot of money that goes to any one person. You know, there are so many different people involved in making that happen. You have the site that is getting some money, you have the tent people that are getting some money, you have got the bathrooms that are getting some money, you have got the valet parkers that are getting some money and there is no one person who is walking away with all of that money in their pocket and so it is good for the whole town to have this working and if you penalize any one group with big fees in order to make that happen, I think it will hurt the Town as a whole. SUPERVISOR RUSSELL: Thank you. I actually, I remember speaking with you months ago and just because wineries is singled out and mentioned here, I don't presume that any ag operation couldn't do the same thing. I don't think that the intent of the code was to allow wineries to do it and no other ag operation. The basis of our code is ag properties all being treated the same. So I am not sure you are precluded from doing that, I think you can do it but I would defer that question to our attorney, who we are deferring a lot to tonight. MS. HESTON: Okay. Thank you very much. SUPERVISOR RUSSELL: Sure. Would anybody else like to address the Town Board on this particular local law? (No response) This hearing was closed at 5:35 PM Southold Town Clerk NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET Local Law Filing (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ~ County [2 City [] Town of SOUTItOLD rn Village Local Law No. 8 of the year 2009. A Local Law entitled, A Local Law in relation to Special Events ALBANY~ NY 12231 Be it enacted the Town Board of the: rn County [2 City [] Town of [2 Village SOUTHOLD Purpose - Organized events that attract a large number of people, if not regulated by the Town can adversely affect the well-being of Town residents. Due to the increase in the number of events, additional regulations are required for special events that utilize Town amenities, resoumes and property. Experience has shown the need for procedures whereby the Town can be informed of such. special events and can regulate them or prohibit those special events and can regulate safety, health and/or the public welfare. II. Chapter 205 of the Code of the Town of Southold is hereby amended as follows: § 205-1. Certain entertainment restricted; permit required. To preserve public peace and good order and to prevent tumultuous assemblages, the following special events shall be prohibited in the Town of Southold, unless a permit is obtained in accordance with the requirements set forth below: (1) All events or activities occurring on public property, having more than 50 persons in attendance, open to the public, conducted outdoors, with or without an admission or invitation fee, a sponso'rship, or requested donation and held on a one-time or occasional basis, including but not limited to carnivals, circuses, fairs, bazaars, outdoor shows, parades, walks, runs, marathons or bicycle races are prohibited in the Town of Southold, unless a permit is obtained in accordance with the requirements set forth below. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev.05/05) (2) Outdoor events at a winery, for profit, at which the expected attendance exceeds the maximum occupancy of the public area of the building. B. Application for events on or utilizing public property: All applications for a special events permit shall be made to the Town Board of the Town of Southold at least 60 days prior to the proposed date of the event and filed with the Town Clerk, together with a fee of $100; $250.00 clean-up deposit fee; and a Certificate of Insurance not less than $1,000,000.00 naming the Town of Southold as an additional insured during the time of the event. (2) Where the Town Board determines that there is no specific Town benefit from the event or that the event is conducted for profit, a deposit shall be made in an.amount to be determined prior to issuance of the permit based upon the estimated direct costs attributable to additional police and highway costs associated with the event. After the event, the deposit will be used to cover such costs. (3) Upon filing an applicatign for a special event on public Property, the applicant shall send written notice to every property owner abutting or adjacent to the public property, as shown on the current Town of Southold assessment roll, and directly opposite (by extension of the lot lines through a street or right-of-way) of the public property that is the subject of the application. For applications for a special events permit for a parade, walk, run, marathon, bicycle race, or similar events, notice shall be given to property owners abutting or adjacent to the location of the commencement of the event and to all property owners abutting or adjacent to the location of the terminus of the event. The Town Board may require additional notice, including but not limited to publication and signage, based upon the circumstances involved in each application, as necessary. Said notice shall include the date, time and location of the proposed special event. (4) Notwithstanding the foregoing, the Town Board shall have the discretion to waive any application requirement set forth in §205-1B(1)-(3) above. C. Town Board Review Criteria: In determining whether to issue a special events permit on an application for an event on or utilizing public property, the Town Board of the Town of Southold shall consider the following: (1) The size of the premises in relation to the number of people attending the event; (2) The sufficiency of arrangements made to control traffic, parking, noise, lighting and refuse; (3) The frequency of events proposed or approved for the premises and whether the frequency is so great that the events constitute a persistent usage of the property incompatible with its character or with that of the surrounding area; (4) Conflicts with ordinary public use of the land or facilities involved; (5) Whether the applicant has been convicted for failure to comply with the terms of this chapter within the past three years; and 2 (6) Special events are strongly discouraged at Town beaches and parks from the Friday before the observance of Memorial Day until Labor Day. Applications for tents under this Chapter must be submitted to the Building Department. [Amended 1-16-2007 by L.L. No. 3-2007] If a winery holds an outdoor event, for profit, at which the expected attendance exceeds the maximum occupancy of the public area of the building, the winery must obtain approval from the Zoning Board of Appeals. An application shall be accompanied by a fifty-dollar fee. In granting such approval, the following factors must be considered: (1) All parking must be off street and traffic control must be provided by the winery. (2) Adequate sanitary facilities must be provided. (3) All food must be catered and prepared off site. (4) Events for 300 or more people require preparation of a traffic control plan. All other public activities which are not a permitted use under the Southold Town Code shall require the approval of the Zoning Board of Appeals. Penalties for Offenses. An offense against the provisions of this Chapter shall constitute a violation of this Chapter and shall be punishable by a fine of not more than $2,500. IlL SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. 3 (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 8 of 20 09 of the ~(Town) ('.'~x?,z) of SOUTHOLD was duly passed by the TOWN BOARD on June 2 ,20 09 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or re-passage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20__ of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved)(re-passed after disapproval) by the and was deemed duly adopted on 20 , in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) 1 hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved)(repassed after disapproval) by the on 20 . Such local law was submitted to the people by reason ofa (mandatory)(permissive) referendum, and received the affirmative vote ora majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village)_ of was duly passed by the on 20 , and was (approved)(not approved) (repassed after disapproval) by the on 20__ Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20__, in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 5. (City local law concerning Charter revision proposed by petition.) 1 hereby certify that the local law annexed hereto, designated as local law No. of 20 __ of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 __, became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submilted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority Of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) 1 further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. (Sea[.) Clerk of th~ounty legislative body. City. Town or Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date: June 8~ 2009 (Certification to be executed bY County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local laWsig~anne~ Martin D. Finnegan, Town Attorney Jennifer Andaloro~ Esq. Assistant Town Attorney Title Town of SOUTHOLD Date: June 8, 2009 ELIZABETH A. NEVII J.F., RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CI,F,P.K TOWN OF SOUTHOLD June 12, 2009 Federal Express Linda Lasch New York State Department of State State Records and Law Bureau 41 State Street Albany, NY 12231 RE: Local Law Number 6, 7, 8 of 2009 Town of Southold, Suffolk County Dear Ms. Lasch: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copies of Local Law Number 6, 7, 8 of 2009 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Very truly yours, Enclosures cc: Town Attomey Lynda M Rudder Southold Deputy Town Clerk RESOLUTION 2009-515 ADOPTED DOC ID: 5062 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-515 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 2, 2009: WHEREAS, there has been.presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 5malay of May2009, a Local Law entitled "A Local Law in relation to Special Events" and WHEREAS that the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, Now Therefor Be It RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed local law entitled, "A Local Law in relation to Special Events" reads as follows: LOCAL LAW NO. 8 of 2009 A Local Law entitled, "A Local Law in relation to Special Events". BE IT ENACTED by the Town Board of the Town of Southold as follows: Purpose - Organized events that attract a large number of people, if not regulated by the Town can adversely affect the well-being of Town residents, Due to the increase in the number of events, additional regulations are required for special events that utilize Town amenities, resources and property. Experience has shown the need for procedures whereby the Town can be informed of such special events and can regulate them or prohibit those special events and can regulate safety, health and/or the public welfare. II. Chapter 205 of the Code of the Town of Southold is hereby amended as follows: § 205-1. Certain entertainment restricted; permit required To preserve public peace and. good order and to prevent tumultuous assemblages, the following special events shall be prohibited in the Town of Southold, unless a permit is obtained in accordance with the requirements set forth below: n, (1) All events or activities occurring on public property, having more than 50 persons in attendance, open to the public, conducted outdoors, with or Resolution 2009-515 Board Meeting of June 2, 2009 without an admission or invitation fee, a sponsorship, or requested donation and held on a 6ne-time or occasional basis, including but not limited to carnivals, circuses, fairs, bazaars, outdoor shows, parades, walks, runs, marathons-or bicycle races are prohibited in the Town of Southold, unless a permit is obtained in accordance with the requirements set forth below. (2) Outdoor events at a winery, for profit, at which the expected attendance exceeds the maximum occupancy of the public area of the building. B. Application for events on or utilizing public property: (1) All applications for a special events permi! shall be made to the Town Board of the Town of Southold at least 60 days prior to the proposed date of the event and filed with the Town Clerk, together with a fee of $100; $250.00 clean-up deposit fee; and a Certificate of Insurance not less than $1,000,000.00 ~aming the Town of Southold as an additional insured during the time of the event. (2) Where the Town Board determines that there is no specific Town benefit (3) (4) from the event or that the event is conducted for profit, a deposit shall be made in an amount to be determined prior to issuance of the permit based upon the estimated direct costs attributable to additional police and highway costs associated with the event. After the event, the deposit will be used to cover such costs. Upon filing an application for a special event on public property, the applicant shall send written notice to every property owner abutting or adiacem to the public property, as shown on the current Town of Southold assessment roll, and directly opposite (by extension of the lot lines through a street or right-of-way) of the. public property that is the subject of the application. For applications for a special events permit for a parade, walk, run, marathon, bicycle race, or similar events, notice shall be given to property owners abutting or adiacent to the location of the commencement of the event and to all property owners abutting or adiacent to the location of the terminus of the event. The Town Board may require additional notice, including but not limited to publication and signage, based upon the circumstances involved in each application, as necessary. Said notice shall include the date, time and location of the proposed special event. Notwithstanding the foregoing, the Town Board shall have the discretion to waive any application requirement set forth in .~205-1B(1)-(3] above. Updated: 6/8/2009 10:27 AM by Lynda Rudder Page 2 Resolution 2009-515 Board Meeting of June 2, 2009 C. Town Board Review Criteria: In determining whether to issue a special events permit on an application for an event on or utilizing public property, the Town Board of the Town of Southold shall consider the following: The size of the premises in relation to the number of people attending the evem~ (21 The sufficiency of arrangements made to control traffic, parking, noise, lighting and refuse; (3) The frequency of events proposed or approved for the premises and whether the frequency is so great that the events constitute a persistent usage of the property incompatible with its character or with that of the surrounding area; (4) Conflicts with ordinary public use of the land or facilities involved; (5) Whether the applicant has been convicted for failure to comply with the terms of this chapter within the past three years; and (6) Special events are strongly discouraged at Town beaches and parks from the Friday before the observance of Memorial Day until Labor Day. Applications for tents under this Chapter must be submitted to the Building Department. [Amended 1-16-2007 by L.L. No. 3-2007] Ifa winery holds an outdoor event, for profit, at which the expected attendance exceeds the maximum occupancy of thc public area of the building, the winery must obtain approval from the Zoning Board of Appeals. An application shall be accompanied by a fifty-dollar fee. In granting such approval, the following factors must be considered: (1) All parking must be off street and traffic control must be provided by the winery. (2) Adequate sanitary facilities must be provided. (3) All food must be catered and prepared off site. updated: 6/8/2009 10:27 AM by Lynda Rudder Page 3 Resolution 2009-515 Board Meeting of June 2, 2009 (4) Events for 300 or more People require preparation of a traffic control plan. All other public, activities which are not a permitted use'under the Southold Town Code shall require the approval of the Zoning Board of Appeals. Penalties for Offenses. An offense against the provisions of this Chapter shall constitute a violation of this Chapter and shall be punishable by a fine of not more than $2,500. III. SEVERABILITY If any clause, sentence, paragraph,, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: P~DOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Updated: 6/8/2009 10:27 AM by Lynda Rudder Page 4 #9296 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 14th . day of May, 2009. Sworn to before me this / Principal Clerk 2009. LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HE REBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk Coun tv New York, on the 5 h day of May 2009, a Local Law entitled "~ NOTICE 1S HEREBY FURTHER Town of Southold will hold a public events, notice shall be riven to orooertv owners abuttin~ or ndlaeoqt to the loc~- tion of the commencement of the CYCn[ and to all orooertv owners abutfine oF adiacent to the locstion of the terminu~s of the event. The Town Board may !-e_- c~ uire additional notice, includina but ng~ limited to oublication and siana~e, based uoon the circumstances involved in each aoolication, as necessary. Said noticq shall include the date. time and location of the orooosed soeeial event, (4~ Notwithstandine the foreeoin~ the Town Board shall have the discretigp__ to waive any aoDlication reouiremenrt set forth in ~205-lB(1 ~-(3~ above plan. - NOTARY PUBLIC-STATE OF NEW ¥02i( No 01-VO6105050 Quailfled in Suffolk Count, LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 5th day of May 2009, a Local Law entitled "A Local Law in relation to Special Events" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 2nd day of June, 2009 at 4:45 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, "A Local Law in relation to Special Events" reads as follows: LOCAL LAW NO. 2009 A Local Law entitled, "A Local Law in relation to Special Events". BE IT ENACTED by the Town Board of the Town of Southold as follows: Purpose - Organized events that attract a large number of people, if not regulated by the Town can adversely affect the well-being of Town residents. Due to the increase in the number of events, additional regulations are required for special events that utilize Town amenities, resources and property. Experience has shown the need for procedures whereby the Town can be informed of such special events and can regulate them or prohibit those special events and can regulate safety, health and/or the public welfare. II. Chapter 205 of the Code of the Town of Southold is hereby amended as follows: § 205-1. Certain entertainment restricted; permit required. To preserve public peace and good order and to prevent tumultuous assemblages, the following special events shall be prohibited in the Town of Southold, unless a permit is obtained in accordance with the requirements set forth below: ~" -..u, .... +a .... u ....... a ~.~.,~: .... + All events or activities occurring on public property, having more than 50 persons in attendance, open to the public, conducted outdoors, with or without an admission or invitation fee, a sponsorship, or requested donation and held on a one-time or occasional basis, including but not limited to carnivals, circuses, fairs, bazaars, outdoor shows, parades, walks, runs, marathons or bicycle races are prohibited in the Town of Southold, unless a permit is obtained in accordance with the requirements set tbrth below. (2) Outdoor events at a winery, for profit, at which the expected attendance exceeds the maximum occupancy of the public area of the building. approved, in; ....... 6, ,-: ............................................... Application for events on or utilizing public property: (1) All applications for a special events permit shall be made to the Town Board of the Town of Southold at least 60 days prior to the proposed date of the event and filed with the Town Clerk, together with a fee of $100; $250.00 clean-up deposit fee; and a Certificate of Insurance not less than $1,000,000.00 naming the Town of Southold as an additional insured during the time of the event. (2) Where the Town Board determines that there is no specific Town benefit from the event or that the event is conducted for profit, a deposit shall be made in an amount to be determined prior to issuance of the permit based upon the estimated direct costs attributable to additional police andhighway costs associated with the event. After the event, the deposit will be used to cover such costs. (3) Upon filing an application for a special event on public property, the applicant shall send written notice to every property owner abutting or adjacent to the public property, as shown on the current Town of Southold assessment roll, and directly opposite (by extension of the lot lines through a street or right-of-way) of the public property that is the subiect of the application. For applications for a special events permit for a parade, walk, run, marathon, bicycle race, or similar events, notice shall be given to property owners abutting or adjacent to the location of the commencement of the event and to all property owners abutting or adjacent to the location of the terminus of the event. The Town (4) Board may require additional notice, including but not limited to publication and signage, based upon the circumstances involved in each application, as necessary. Said notice shall include the date, time and location of the proposed special event. Notwithstanding the foregoing, the Town Board shall have the discretion to waive any application requirement set forth in §205- 1B(1)-(3) above. C. Town Board Review Criteria: In determining whether to issue a special events permit on an application for an event on or utilizing public property, the Town Board of the Town of Southold shall consider the following: (1) The size of the premises in relation to the number of people attending the event; (2) The sufficiency of arrangements made to control traffic, parking, noise, lighting and refuse; (3) The frequency of events proposed or approved for the premises and whether the frequency is so great that the events constitute a persistent usage of the property incompatible with its character or with that of the surrounding area; (4) Conflicts with ordinary public use of the land or facilities involved; Whether the applicant has been convicted for failure to comply with the terms of this chapter within the past three years; and (6) Special events are strongly discouraged at Town beaches and parks from the Friday before the observance of Memorial Day until Labor Day. Applications for tents under this Chapter must be submitted to the Building Department. [Amended 1-16-2007 by L.L. No. 3-2007] E. If a winery holds an outdoor event, for profit, at which the expected attendance exceeds the maximum occupancy of the public area of the building, the winery must obtain approval from the Zoning Board of Appeals. An application shall be accompanied by a fifty-dollar fee. In granting such approval, the following factors must be considered: All parking must be off street and traffic control must be provided by the winery. (2) Adequate sanitary facilities must be provided. (3) All food must be catered and prepared off site. (4) Events for 300 or more people require preparation of a traffic control plan. All other public activities which are not a permitted use under the Southold Town Code shall require the approval of the Zoning Board of Appeals. Penalties for Offenses. An offense against the provisions of this Chapter shall constitute a violation of this Chapter and shall be punishable by a fine of not more than $2,5O0. III. SEVERAB1L1TY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: May 5, 2009 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON May 14, 2009, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times TC's Bulletin Board Planning Dept. Town Board Members Building Department Town Attomey ZBA STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the (O day of fY'h20,A- ,2009, she affixed a notice of which the annexed printed notice is a true c~y, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk county, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. LL on Special Events - 6/2/09 4:45 pm ~ Elizabeth ~.' l:qevill[. Southold Town Clerk Sworn before me this LYNDA M. BOHN NOTARY PUBLIG, State of New York No. 01 BO6020932 C)ualified in Suffolk Count~ Term Expires March 8, PO .~ RESOLUTION 2009-375 ADOPTED DOC ID: 4994 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-375 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 5, 2009: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 5th day of May, 2009, a Local Law entitled "A Local Law in relation to Special Events" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 2na day of June, 2009 at 4:45 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Special Events" reads as follows: LOCAL LAW NO. 2009 A Local Law entitled, "A Local Law in relation to Special Events". BE IT ENACTED by the Town Board of the Town of Southold as follows: Purpose - Organ{zed events that attract a large number of people, if not regulated by the Town can adversely affect the well-being of Town residents. Due to the increase in the number of events, additional regulations are required for special events that utilize Town amenities, resources and property. Experience has shown the need for procedures whereby the Town can be informed of such special events and can regulate them or prohibit those special events and can regulate safety, health and/or the public welfare. II. Chapter 205 of the Code of the Town of Southold is hereby amended as follows: § 205-1. Certain entertainment restricted; permit required. To preserve public peace and good order and to prevent tumultuous assemblages, the following special events shall be prohibited in the Town of Southold, unless a permit is obtained in accordance with the requirements set forth below: al! ~..~.u. Resolution 2009-375 Board Meeting of May 5, 2009 All events or activities occurring on public property, having more than 50 · persons in attendance, open to the public, conducted outdoors, with or without an admission or invitation fee, a sponsorship, or requested donation and held on a one-time or occasional basis, including but not limited to carnivals, circuses, fairs, bazaars, outdoor shows, parades, walks, runs, marathons or bicycle races are prohibited in the Town of Southold, unless a permit is obtained in accordance with the requirements set forth below. (2) Outdoor events at a winery, for profit, at which the expected attendance exceeds the maximum occupancy of the public area of the building. B. Application for events on or utilizing public property: (1) All applications for a special events permit shall be made to the Town Board of the Town of Southold at least 60 days prior to the proposed date of the event and filed with the Town Clerk, together with a fee of $100; $250.00 clean-up deposit fee; and a Certificate of Insurance not less than $1,000,000.00 naming the Town of Southold as an additional insured during the time of the event. (2) Where the Town Board determines that there is no specific Town benefit from the event or that the event is conducted for profit, a deposit shall be made in an amount to be determined prior to issuance of the permit based upon the estimated direct costs attributable to additional police and highway costs associated with the event. After the event, the deposit will be used to cover such costs. (3) Upon filing an application for a special event on public property, the applicant shall send written notice to every property owner abutting or adjacent to the public property, as shown on the current Town of Southold assessment roll, and directly opposite (by extension of the lot lines through a street or right-of-way) of the public property that is the subject of the application. For applications for a special events permit for a parade, walk, run, marathon, bicycle race, or similar events, notice shall be given to property owners abutting or adjacent to the location of the commencement of the event and to all property owners abutting or adjacent to the location of the terminus of the event. The Town Board may require additional notice, including but not limited to publication and signage, based upon the circumstances involved in each application, as Updated: 5/6/2009 3:43 PM by Lynda Rudder Page 2 Resolution 2009-375 Board Meeting of May 5, 2009 necessary. Said notice shall include the date, time and location of the (4) proposed special event. Notwithstanding the foregoing, the Town Board shall have the discretion to waive any application requirement set forth in §205-1B(I)-(3) above. C. Town Board Review Criteria: In determining whether to issue a special events permit on an application for an event on or utilizing public property, the Town Board of the Town of Southold shall consider the following: (1) The size of the premises in relation to the number of people attending the eventl (2) The sufficiency of arrangements made to control traffic, parking, noise, lighting and refuse; (3) The frequency of events proposed or approved for the premises and whether the frequency is so great that the events constitute a persistent. usage of the property incompatible with its character or with that of the surrounding area; (4) Conflicts with ordinary public use of the land or facilities involved; (5) Whether the applicant has been convicted for failure to comply with the terms of this chapter within the past three years; and (6) Special events are strongly discouraged at Town beaches and parks from the Friday before the observance of Memorial Day until Labor Day. Applications for tents under this Chapter must be submitted to the Building Department. [Amended 1-16-2007 by L.L. No. 3-2007] If a winery holds an outdoor event, for profit, at which the expected attendance exceeds the maximum occupancy of the public area of the building, the winery must obtain approval from the Zoning Board of Appeals. An application shall be accompanied by a fifty-dollar fee. In granting such approval, the following factors must be considered: (1) All parking must be off street and traffic control must be provided by the winery. Updated: 5/6/2009 3:43 PM by Lynda Rudder Page 3 Resolution 2009-375 Board Meeting of May 5, 2009 (2) Adequate sanitary facilities must be provided. (3) All food must be catered and prepared off site. (4) Events for 300 or more people require preparation of a traffic control plan. All other public activities which are not a permitted use under the Southold Town Code shall require the approval of the Zoning Board of Appeals. Penalties for Offenses. An offense against the provisions of this Chapter shall constitute a violation of this Chapter and shall be punishable by a fine of not more than $2,500. Ill. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Updated: 5/6/2009 3:43 PM by Lynda Rudder Page 4 Page 1 of 1 Cooper, Linda From: Sent: To: Subject: Cooper, Linda Thursday, May 07, 2009 1:12 PM Suffolk Times Legals Special Events Legal Notice 6-2-09 Attachments: Special Events 6-2-09.doc Hi, Here's another one for you. Legal notice of a Public Hearing to be published 5/14/09 in the Suffolk Times. Please confirm reciept of this notice. Thank you. Linda J. Cooper Deputy Town Clerk 5/7/2009 Southold Town Board - Letter -- t_t~- ~; (--. Board Meetingof May 5, 2009 RESOLUTION 2009-375 ADOPTED Item # 5.34 DOC ID: 4994 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-375 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 5, 2009: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 5th day of May, 2009, a LOcal Law entitled "A Local Law in relation to Special Events" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 2na day of June, 2009 at 4:45 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Special'Events" reads as follows: LOCAL LAW NO. 2009 A Local Law entitled, "A Local Law in relation to Special Events". BE IT ENACTED by the Town Board of the Town of Southold as follows: Purpose - Organized events that attract a large number of people, if not regulated by the Town can adversely affect the well-being of Town residents. Due to the increase in the number of events, additional regulations are required for special events that utilize Town amenities, resources and property. Experience has shown the need for procedures whereby the Town can be informed of such special events and can regulate them or prohibit those special events and can regulate safety, health and/or the public welfare. Il. Chapter 205 of the Code of the Town of Southold is hereby amended as follows: § 205 nt ' ' · ' ' -1. Certain e ertamment restricted, permit required. Generated May 7, 2009 Page 41 Southold Town Board - Letter Board Meeting of May 5, 2009 To preserve public peace and good order and to prevent tumultuous assemblages, the following special events shall be prohibited in the Town of Southold, unless a permit is obtained in accordance with the requirements set forth below: all -"~'~:~ .................................. , .......... g ..... ot (1) All events or activities occurring on public property, having more than 50 persons in attendance, open to the public, conducted outdoors, with or ~ without an admission or invitation fee, a sponsorship, or requested donation and held on a one-time or occasional basis, including but not limited to carnivals, circuses, fairs, bazaars, outdoor shows, parades, walks, runs, marathons or bicycle races are prohibited in the Town of Southold, unless a permit is obtained in accordance with the requirements set forth below. (2) Outdoor events at a winery, for profit, at which the expected attendance exceeds the maximum occupancy of the public area of the building. Application for events on or utilizing public property: (1) All applications for a special events permit shall be made to the Town (2) Board of the Town of Southold at least 60 days prior to the proposed date of the event and filed with the Town Clerk, together with a fee of $100; $250.00 clean-up deposit fee; and a Certificate of Insurance not less than $1,000,000.00 naming the Town of Southold as an additional insured during the time of the event. Where the Town Board determines that there is no specific Town benefit from the event or that the event is conducted for profit, a deposit shall be made in an amount to be determined prior to issuance of the permit based upon the estimated direct costs attributable to additional police and (3) highway costs associated with the event. After the event, the deposit will be used to cover such costs. Upon filing an application for a special event on public property, the applicant shall send written notice to every property owner abutting or adjacent to the public property, as shown on the current Town of Southold assessment roll, and directly opposite (by extension of the lot lines through a street or right-of-way) of the public property that is the subject of the application. For applications for a special events permit Generated May 7, 2009 Page 42 Southold Town Board - Letter Board Meeting of May 5, 2009 (4) for a parade, walk, mn, marathon, bicycle race, or similar events, notice shall be given to property owners abutting or adjacent to the location of the commencement of the event and to all property owners abutting or adjacent to the location-of the terminus of the event. 'The Town Board may require additional notice, including but not limited to publication and signage, based upon the circumstances involved in each application, as necessary. Said notice shall include the date, time and location of the proposed special event. Notwithstanding the foregoing, the Town Board shall have the discretion to waive any application requirement set forth in §205-1B(1)-(3) above. C. Town Board Review Criteria: in determining whether to issue a special events permit on an application for an event on or utilizing publi~ property, the Town Board of the Town of Southold shall consider the following: (1) The size of the premises in relation to the number of people attending the event; (2) The sufficiency of arrangements made to control traffic, parking, noise, lighting and refuse; (3) The frequency of events proposed or approved for the premises and whether the frequency is so great that the events constitute a persistent usage of the property incompatible with its character or with that of the surrounding area; (4) Conflicts with ordinary public use of the land or facilities involved; (5) Whether the applicant has been convicted for failure to comply with the terms of this chapter within the past three years; and (6) Special events are strongly discouraged at Town beaches and parks from the Friday before the observance of Memorial Day until Labor Day. D~ Applications for tents under this Chapter must be submitted to the Building Department. [Amended 1-16-2007 by L.L. No. 3-2007] Generated May 7, 2009 Page 43 Southold Town Board - Letter Board Meeting of May 5, 2009 If a winery holds an outdoor event, for profit, at which the expected attendance exceeds the maximum occupancy of the public area of the building, the winery must obtain approval from the Zoning Board bf Appeals. An application shall be accompanied by a fifty-dollar fee. In granting such approval, the following factors must be considered: (1) All parking must be off street and traffic control must be provided by the winery. (2) Adequate sanitary facilities must be provided. (3). All food must be catered and prepared offsite. (4) Events for 300 or more people require preparation of a traffic control plan. All other public activities which are not a permitted use under the Southold Town Code shall require the approval of the Zoning Board of Appeals. Penalties for Offenses. An offense against the provisions of this Chapter shall constitute a violation of this Chapter and shall be punishable by a fine of not more than $2,500. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated May 7, 2009 Page 44