Loading...
HomeMy WebLinkAboutLL 2009 #10DAVID A. PATERSON (~OVERNOR STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA 99 WASHINGTON AVENUE ALBANY, NY 12231-0001 LORRAINE A. CORTC:S-VAZQUEZ SECRETARY OF STATE September 1 O, 2009 RECEIVED Lynda M Rudder Deputy Town Clerk Town Hall, 53095 Main Road PO Box 1179 Southold NY 11971 SEP 1 7 200§ Southoht Town Clerk RE: Town of Southold LL No. 10 2009, filed on September 4, 2009 Dear Sir/Madam: The above referenced material was received and filed by this office as indicated on the reference line above. Additional Local Law filing forms may be obtained from our website: www.dos.state.ny.us. Sincerely, State Records & Law Bureau (518) 474-2755 CVW WWW.DOS.STATE.NY.US · E-MAIL: INFOI~DOS.STATE.NY.US SOUTHOLD TOWN BOARD PUBLIC HEARING August 25, 2009 4:32 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 heating was opened at 5:10 PM COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 28th day of July 2009, a Local Law entitled "A Local Law in relation to Amendments to Special Events" and NOTICE 1S 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 25th day of August, 2009 at 4:32 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 Amendments to Special Events" reads as follows: LOCAL LAW NO. 2009 A Local Law entitled, "A Local Law in relation to Amendments to Special Events". BE IT ENACTED by the Town Board of the Town of Southold as follows: Purpose - To limit the applicability of the legislation specifically to apply to special events held on property owned, leased or controlled by the Town and to expand the jurisdiction of the ZBA to include special events held on land used in agriculture. II. Chapter 205 of the Code of the Town of Southold is hereby amended as follows: § 205-1. Certain entertainment restricted; permit required. Special Events Amendment Public Hearing August 25, 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 events or activities occurring on ~::b!ic property owned, leased or controlled by the Town, 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 ~::b!ic property owned, leased or controlled by the Town: (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 ~ub!~c property owned, leased or controlled by the Town, 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 owned, leased or controlled by the Town 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 Special Events Amendment Public Heating August 25, 2009 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(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 ?::b![z property owned, leased or controlled by the Town, 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. 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 the public area of the building, the winery must obtain approval from the Zoning Board of Special Events Amendment Public Hearing August 25, 2009 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. 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. IIL 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. So that is the only real part of legislation that is out for public hearing this afiemoon, is to clarify the meaning of municipally owned land to mean town owned land and to not bring under the net those lands held by other municipalities. As lands on which people wishing to host special events would need to have a permit. COUNCILMAN KRUPSKI: The way the legislation was originally written it included inadvertently park districts and firehouses, things like that. That was not the Board's intention, so this is correction to the original legislation. COUNCILMAN WICKHAM: In the file I have a notice that it has appeared on the Special Events Amendment Public Heating August 25, 2009 Town Clerk's bulletin board out there, the legal notice in the newspaper included it and I guess that is really all I have in the file. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this particular public hearing? Mr. Wills? FRANK WILLS: Good evening. Frank Wills, Mattituck. I have a question. In the definition it says all controlled by. What does that mean? SUPERVISOR RUSSELL: I presume a lease hold interest. We control lands based on lease such as a substantial sized parking lot in Cutchogue, I would suspect that that was what the reference is, if we are controlling it through, as a lessee or if we have a management agreement, contract. MR. WILLS: So it does not cover places that are described by zoning regulations? SUPERVISOR RUSSELL: No, it, no it, actually this is an issue of ownership and control of the Town's ownership extends into all sorts of different zoning categories. The idea is what is a public space versus a not so public space. We are erroneously included governmental entities such as park districts, which really aren't public spaces in the context of everything the town governs. They are smaller. MR. WILLS: Thank you. SUPERVISOR RUSSELL: Okay. Would anybody else like to address the Town Board on this public heating? Chris? CHRIS BAIZ: Good afternoon, Chris Baiz, Southold. Under the purpose, I would just like some clarification for the community at large when you included in this, I guess in a previous legislation that has been on the books since, over to you guys, what was the original? TOWN ATTORNEY FINNEGAN: 1994. MR. BAIZ: 1994. That is what I thought. Okay, fine. And I am not quite sure under the purpose heading where you say and to expand the jurisdiction of the ZBA to include special events held on land used agriculturally. SUPERVISOR RUSSELL: Let me just address that. What we would like to do is since special events are permitted on wineries, if there are other agricultural operations, we would like to include them in being able to have special events. We don't want to create a law that only allows it on one type of agriculture. Other types should be able to avail themselves of that as well. We have had some difficulty in applying that to this code because wineries have all gone through a review process that accounts for parking and all of those things that we need to do as a town to make sure that they are situated, these special events, in the right location. We are trying to get there where we can include Special Events Amendment Public Heating August 25, 2009 other agricultural operations, we just want some sort of type of informal review process so that we know that the places that are going to host special events can accommodate them. MR. BAIZ: Is all of this, both the original law and the amendment here presented meant to go through the ZBA for the process, is that the idea? Is that where you apply .... SUPERVISOR RUSSELL: It has always been the case since the law was passed in 1994. The ZBA doesn't actually go through a hearing, they do an administrative review, so you apply to the ZBA and there is no vote, the ZBA reviews the application in house and issues the approval. MR. BAIZ: Right. Okay. And then in 205-1B4, not withstanding the foregoing, the Town Board shall have the discretion to waive any application requirements of the above three in B1, 2 or 3 or all. Again, I am presuming this applies only to the town owned, town leased or town controlled lands? SUPERVISOR RUSSELL: Yes. Special events that are applied for to be held on town property. MR. BAIZ: Okay. And again, I guess my only concern in 4 is that I mean, is the issue of transparency. And you know, suddenly somebody has got a permit because the Town Board waived but somebody else doesn't get a permit because 1, 2 or 3 or all of the 3 have not been waived. I mean, what is the thinking process that we are going to use here that one permit applicant has to go through 1, 2 or 3 and another just gets to 4 as a free ride. You know, I just .... COUNCILMAN KRUPSKI: Sure. COUNCILMAN WICKHAM: I would like to address some of this. MR. BAIZ: Sure COUNCILMAN WICKHAM: There are some real questions along the lines that you are asking. But the legislation in front of us this afternoon does only one simple thing. All it does is clarify, when we formally said municipally owned land it refers only to town owned land and that is the only thing that is out here today. MR. BAIZ: I understand. COUNCILMAN WICKHAM: The questions that you are addressing referred to the earlier legislation that we put in place and which some of it is referred to but we are not acting on that tonight. SUPERVISOR RUSSELL: Chris, it is a fair point. Special Events Amendment Public Hearing August 25, 2009 MR. BAIZ: Even in the context of what we have on the table today. SUPERVISOR RUSSELL: It is a fair question to be raised. It was addressed for the public heating when we originally passed this legislation. I think the goal was that we have a lot of requests for use of town lands. Some that comes at a substantial cost to the town, leasing etc. The idea was to separate those public benefit events from proprietary events. We have an event each year, this all, you might remember the discussion over the triathalon, which is a private venue done by a private company but utilizes a lot of police presence because of the closing of roads. The idea was to tell the applicants, you know, we ought to be able to reimburse the taxpayers for participating in your money making venture. At the same time, we have private, not for profit's pursuing charitable works for the community. It was to bring some distinction to that, they are not the same. MR. BAIZ: I appreciate that and that is sort of why I bring it up and is there not a way to include in this, as much as you have just stated, whether it is for a private eleemosynary event or a community eleemosynary event. SUPERVISOR RUSSELL: I think we did that for the original, I will cull that out for you, but the original public hearing was for the law itself, not for this small change. And I think we included all of that in the criteria that the attorneys outlined for us. MR. BAIZ: Just so that the applicant, when an applicant applies, understands that some guy or some permit that is on to be done on a town piece of property, controlled, owned or leased, that because it is a community thing and I don't know whether something like Eastern Long Island hospital fits that criteria and therefore goes straight to paragraph 4 but you know, somebody running a little sports event for some other private reason or whatever has to stop at 1, 2 or 3, I mean, I think it would be more transparent to the commtmity if that is so stated in the requirements for the permit. SUPERVISOR RUSSELL: Yeah, I think we did that but I will double check and if not, we will make sure, that is a fair point. A very fair point. MR. BAIZ: Okay. Thank you very much. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? DR. DAN DAMIANOS: Just two simple questions, number one, some clarification I should say. all food must be catered and prepared off site. Does that mean that if a caterer comes in with a large bus etc. that is approved by the Department of Health and is doing something, cooking on site, does it mean that you have to be off site completely to have that? SUPERVISOR RUSSELL: I don't know what the original intent was. TOWN ATTORNEY FINNEGAN: That is only for events at a winery because wineries don't generally have cooking facilities on site. I think .... Special Events Amendment Public Heating August 25, 2009 SUPERVISOR RUSSELL: Well, I think that is what the doctor is asking. As a practical reality it isn't the case, so I don't imagine, again, we are not passing this new law, this has been around for a long, long time. DR. DAMIANOS: It is just, it is not in my place, but there are some that will bring in a caterer for instance and they will bring .... COUNCILMAN ORLANDO: A barbeque. SUPERVISOR RUSSELL: They can generally cook on site .... DR. DAMIANOS: This tells you it is off site. SUPERVISOR RUSSELL: I can't speak to the intent of the original legislation that was passed but the presumption needs to be, I think, that it was intended so that the cooking was taking place not within the winery building but at a separate, in other words, we weren't issuing permits to allow for kitchens. COUNCILMAN WICKHAM: The original intent was not to have full restaurants as part of the wineries. Yes, this language I think is faithful to that. DR. DAMIANOS: Generally when most people have these events, they will have a caterer who will have obtained a Department of Health permit. SUPERVISOR RUSSELL: That is right. COUNCILMAN WICKHAM: But that all is not really the subject of tonights .... SUPERVISOR RUSSELL: No, but it raises a good point with the ambiguity. The ambiguous language is a good point, maybe we need to correct that when we set about including more agricultural properties. DR. DAMIANOS: Okay. COUNCILMAN KRUPSKI: And that is also, I think if you read all of the E, it says that if a winery holds an event with the expected attendance exceeds a maximum occupancy of a public building, then all of that language kicks in. That is the way I read it, anyway. SUPERVISOR RUSSELL: But we will get some clarification, this is a work in progress now. Like I said, we are going to address it to expand the opportunities to other ag operations and we will take the ambiguity of that language up and try to be more consistent with what the reality is out there. DR. DAMIANOS: The other question I had, perhaps is very naive of me to ask but when we talk about the town owning or having a parcel of land that they control, does that Special Events Amendment Public Hearing August 25, 2009 include agricultural land that has had their development fights sold to the town? COUNCILMAN WICKHAM: That is a good question but I don't think the Town Board intends it that way. DR. DAMIANOS: Okay. COUNCILMAN WICKHAM: Although technically you have a point, if the town has acquired the development rights, the town owns a certain rights to those properties but I don't think we have taken that interpretation. SUPERVISOR RUSSELL: No. That actually never even came up in our discussion, it is a fair point. DR. DAMIANOS: Okay. Thank you very much. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on this particular legislation? (No response) This hearing was closed at 5:23 PM Elizabeth A. Neville Southold Town Clerk ~N~;[X, USAirbill '~:"r:"::i 8619 6235 7508 Express Account Number to&7-7o29-a Senders EL I ZABETH NEVILLE Name Phone (631 )7&5-- 1800 TOWN OF SOUTHOLD Company 53095 ROUTE 35 SOUTHOLD NY 11~271-4642 liliiiiiil [~] FedEx Pak* [~ ;edEx D FedEx D Other i~ 8 Residential Deliver/Signature Options ELIZABETH A. NE~fn'J.R~ 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 southaldtown.northfork, net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 28, 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 10 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 10 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. Enclosures Very truly yours, Lynda M Rudder Southold Deputy Town Clerk cc: Town Attorney Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231 (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. rn County [] City [] Town of [] Village SOUTHOLD Local Law No. 10 of the year 2009. A Local Law entitled, "A Local Law in relation to Amendments to Special Events". Be it enacted the Town Board of the: ~ County [] City [] Town of [] Village SOUTHOLD LOCAL LAW NO. 10 of 2009 Purpose - To limit the applicability of the legislation specifically to apply to special events held on property owned, leased or controlled by the Town and to expand the jurisdiction of the ZBA to include special events held on land used in agriculture. IL 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 property owned, leased or controlled by the Town, 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. (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 property owned, leased or controlled by the Town: (1) (2) (3) (4) 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. 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. Upon filing an application for a special event on property owned, leased or controlled by the Town, 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 property owned, leased or controlled by the Town 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. 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 property owned, leased or controlled by the Town, the Town Board of the Town of Southold shall consider the following: (1) (2) (3) (4) (5) (6) The size of the premises in relation to the number of people attending the event; The sufficiency of arrangements made to control traffic, parking, noise, lighting and refuse; 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; 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 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: (l) (2) (3) (4) All parking must be off street and traffic control must be provided by the winery. Adequate sanitary facilities must be provided. All food must be catered and prepared off site. 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. 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. (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. 10 of 20 09 . of the (C:.xn~')(C'2y;(Town) (V'21xgz) of SOUTHOLD was duly passed by the TOWN BOARD on August 25 ,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.) 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 submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a 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. 4 5. (City local law concerning Charter revision proposed by petition.) I 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 ora 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 submitted 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 I , above. (Seal) C e k oft~ounty l[g~slative body. City. Town or Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date: August 28~ 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 c~rrect text and that all proper proceedings have been had or taken for the enactment of the local law ann~ Sigr}alure Martin D. Finnegan, Town Attorney Jennifer Andaloro~ Esq. Assistant Town Attorney Title Town of SOUTHOLD Date: August 28~ 2009 S0uthold Town Board - Letter 25 Board Meeting of August , 2OO9 RESOLUTION 2009-730 ADOPTED Item # 5.23 DOC ID: 5250 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-730 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 25, 2009: WItEREAS, there has been presented to the Town Board of the Town of Southold, Su. ffolk County, New York, on the 28th day of July 2009, a Local Law entitled "A Local Law m relation to Amendments to Special Events" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be 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 Amendments to Special Events" reads as follows: LOCAL LAW NO. 10 of 2009 A Local Law entitled, "A Local Law in relation to Amendments to Special Events". BE IT ENACTED by the Town Board of the Town of Southold as follows: Purpose - To limit the applicability of the legislation specifically to apply to special events held on property owned, leased or controlled by the Town and to expand the jurisdiction of the ZBA to include special events held on land used in agriculture. 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 pub!~c property owned, leased or controlled by the Town, 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 camivais, cimuses, fairs, Generated August 27, 2009 Page 57 Southold Town BOard - Letter Board Meeting of Augusl 25, 2009 (2) 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. 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 p~:~!ic property owned, leased or controlled by the Town: (l) (2) (3) (4) 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. 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. Upon filing an application for a special event on p~:b!!c property owned, leased or controlled by the Town, 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 property owned, leased or controlled by the Town 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. 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 F::b!ic property owned, leased or controlled by the Town, the Town Board of the Town of Southold shall consider the following: Generated August 27, 2009 Page 58 ' Southold -Town Board, Letter Board Meeting of August 25, 2009 (1) (2) (3) (4) (5) (6) The size of the premises in relation to the number of people attending the event; The sufficiency of arrangements made to control traffic, parking, noise, lighting and refuse; 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; 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 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) (2) (3) (4) All parking must be off street and traffic control must be provided by the winery. Adequate sanitary facilities must be provided. All food must be catered and prepared off site. Events for 300 or more people require preparation ora 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. 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 Generated August 27, 2009 Page 59 . . . S0uthold~Town Board - Letter ,... .... Board Meeting of August 25, 2009 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: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Krupski .lr., Wickham, Evans, Russell Generated August 27, 2009 Page 60 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 28th day of July 2009, a Local Law entitled "A Local Law in relation to Amendments 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 25th day of August, 2009 at 4:32 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 Amendments to Special Events" reads as follows: LOCAL LAW NO. 2009 A Local Law entitled, "A Local Law in relation to Amendments to Special Events". BE IT ENACTED by the Town Board of the Town of Southold as follows: Purpose - To limit the applicability of the legislation specifically to apply to special events held on property owned, leased or controlled by the Town and to expand the jurisdiction of the ZBA to include special events held on land used in agriculture. 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 owned, leased or controlled by the Town, 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 pub!;,c property owned, leased or controlled by the Town: O) 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 pub!:,c property owned, leased or controlled by the Town, 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 publ;~c property owned, leased or controlled by the Town 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 owned, leased or controlled by the Town, the Town Board of the Town of Southold shall consider the following: (l) 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. 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: 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. F. 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. 1V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: July 28, 2009 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON August 6, 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 Recreation Dept. Town Attorney 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 ~//~- day of ~.a.,~at-, 2009, she affixed a notice of which the annexed printed notice is a true copy, 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. Re: LL Amendment to Special Events Ef.~abeth A. Neville Southold Town Clerk Sworn before me this z./~ day of ~ ,2009. Notary Public ~ LINDA d COOPER NOTARY PUBLIC, State of New YorF NO, 01CO4822563, Suffolk County Term Expires December 31, 2~-&9 Southold Town Board - Letter Board Meeting of July 28, 2009 RESOLUTION 2009-666 ADOPTED Item # 5.33 DOC ID: 5194 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-666 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 28, 2009: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 28th day of July, 2009, a Local Law entitled "A Local Law in relation to Amendments 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 25th day of August, 2009 at 4:32 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 Amendments to Special Events" reads as follows: LOCAL LAW NO. 2009 A Local Law entitled, "A Local Law in relation to Amendments to Special Events". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - To limit the applicability of the legislation specifically to apply to special events held on property owned, leased or controlled by the Town and to expand the jurisdiction of the ZBA to include special events held on land used in agriculture. II. 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, Generated July 30, 2009 Page 41 South01d Town Bofird - Letter Board Meeting of July 28, 2009 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 puS!lc property owned, leased or co-nt~011ed by the Town, 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. v .....property owned, leased or Application for events on or utilizing _,a..~ controlled by the Town: (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 l:Ub!!c property owned, leased or controlled by the Town, 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 property owned, leased or controlled by the Town 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 Generated July 30, 2009 Page 42 Southold Town Board - Letter Board Meeting of July 28, 2009 (4) 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 public property owned, leased or controlled by the Town, 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. Applications for tents under this Chapter must be submitted to the Building Department. [Amended 1-16-2007 by L.L. No. 3-2007] Generated July 30, 2009 Page 43 Southold Town Board - Letter · ~ Board Meeting oft July 28} 2009 Ifa winery holds an outdoor event, for profit, at which the expected attendance exceeds the maximum occupancy &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 offstreet 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: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, -iustice AYES: Ruland, Orlando, Krupski .Ir., Wickham, Evans, Russell Generated July 30, 2009 Page 44 #9411 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 13th dayof Auqust, 2009. Sworn to before me this Principal Clerk day of ~l/~/~ 2009. No. O1 .yOWl 06050 QuO~ltled In ~utto~ COUnW with the requirements set forth below: (1) All events or activities occurring on v-~..~ orooertv owned, leased or controlled bv the Tow~ 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, v~alks, runs, marathons or bi- cycle 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 pubhc area of the bu lding. B. Application for events on or uti- controlled bv the Town- (l) 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 To~vn Clerk, to- gether with ff fee of $100; $250.00 dean- up deposit fee;and a Certificate of Insur- ance not less than $1.000,000.00 naming the Town of Southold as an additional i~snred during the thne of the event. (2) Where the Town Board deter- mines that there is no specific Town ben- efit 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 ,attrib- Utable tO additional police and highway plicant ahall sen~ritten notic~ to every ~aad. W aU:property own- the Southold Town Hall, 53095 Main Road, Southold, New York, on th~ 25th day of August, 2009 at 4:32 p.m. at which time all interested perso~s v.4ti be given an opportunity to be hea~'d. The proposed local law entitled, Local~Law j_n~on~ ~o~eS ecia!~E~ reads as follows: LOCAL !~ A Local Law entitled, ~w BE IT ENACTED by the Town Board of the Town of Southold as follows: L Purpose - To limit the applicability of the legislation specificaffy.to apply to special events held on property oWned, leased or controlled by the Town and to expand the jurisdiction of the ZBA to include special events he d on land used ~n agricufiure. In detemuning whether to/ssue a spe- cial events permit on an apphcation for an event on or utilizing puBli~ propert~ the Town Board of the Town of Southold shag cojnsider the following: (1) The size of the premises in rela- tion to the number of people attending the event; - (2) The sufficiency of arrangements made to control traffic, parking, noise, lighting and refi~e; (3) The frequency of events pro- posed or approved for the premises and whether the frequency is so great th~tt · the events eonstitut~ a persistent usage of the pr-operiy incompatible with its ~haracter or with that of the surround- lng area; (4) Conflicts with ordinary public use ing Department. [Amended 1-16-2007 by L.L. No. 3-2007] E. Ifa winery holds an outdoor event, for profit, at which the expected atten- dance exceeds the maximum occupancy of the public area of the building, the winery must obtain approval from the Zoning Board of Appeals. An applica tion 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 pre- pared off site. (4) Events for 300 or more people require preparation of a traffic control plan. E All other public activities which are not a permitted use under the Southold Town Cede shall require the apprbval 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. jurisdiction-to be invalid, the judgment' OF THeE TO~N OF SOUTHOLD Mattituck, in the Town of Southold, County of Suffolk an(J 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 13th day of August, 2009. Sworn to before me this with the requirements set forth below: (1) All events or activities occurring controlled bv the Town, 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, ~alks, runs, marathons or cycle races are prohibited in the Tom 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 uti- controlled by the Town: (1) All applications for a special events permit shall.be made to the Town Board of the Town of Southolc~ at least 60 days prior tO the proPOSed date of the evem and filed with the ToCvn Clerk, to- gether with ~ fee of $100; $250.00 clean- up deposit fee;and a Certificate of Insur- ance not less than $1,000,000.{30 naming the Town of Southold as an additional (2) Where the Town Board deter- mines that there is no specific Town ben- efit 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 ~ttrib- utable to additional police and highway lng 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 atten- dance exceeds the maximum occupancy of the public area of the building, the winery must obtain approval from the Zoning Board of Appeals. An applica- tion 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 pre- pared off site. (4) Events for 300 or more people require preparation of a traffic control plan. EArl other public activities which are not a permitted use under the Southold Town Code shall require the apprbval 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. HI. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent. juiisdiction.to be invalid, the judgment shall not affect th6 validity of this law as a whole or any part thereof other than the part so decided to be unconstitution- al or invalid. IV. EFFECTIVE ~)ATE This Local Law shall take effect im- costs a~ociatexl with th~*~nt;After the medlatgly upon Pti ng with the Secretary e-zenf, the deposit will be used lo ~:over of ~tate as provided by law. such costs. Dated: July 28, 2009 (3) Upon filing an application for.a BY ORDER OF peClal event on v ..... property owned. THI~ TOWN BOARD leased or controlled by the Town the ap- OF THE TOWN OF SOUTHOLD pllcam shall send written notid~ to every Elizabeth Neville property owner abutting or adjacent to Town Clerk the public property, as shown on the cur- 9411-1T 8/13 rent Town of Southold assessment roll, ' and directly Opposite (by extension of the lot fines throl~gh a street or right- of-way) of the ~;~[¢ propertT ~_wne0, leased or controlled by the Town that is the subject of the application. For appii- cations for a special events permit for a parade, walk, run,'marat hon, bicycle race, or similar events, notice shall be given to prope.rty owners abutting or adjacent to the location of the commencement -~-.Oa~ event a~d. to all property own- LEGAL NOTICE -- ers abutting or adjacent to the location of the terminus of the event. The Town NOTICE OF PUBLIC HEARING Board may require additional notice. NOTICE IS HEREBY GIVEN, inehiding but not limited to publication there has been presented to the Town and signage, based upon the circum- Board of the Town of Southold, Suffolk stances involved in each app ication as County, New York. on the 28th day of necessary. Said notice shall include the July 2009, a Local Law entitled ~ date, time and locat on of the proposed ~ Evea~" and special event. ht~ring on the aforesaid Local Law at C. Town Board Review Criteria~ Loea/Law in rehtio~nn to ,Am~nam~ '_s (1) The size of the premises in rela- L ~ - To limit the applicability whether the frequency is so great thht expand the jurisdiction of the ZBA to include special eyenls held on land used in agriculture. II. Chapter 205 of the Code of the Town of Southold is hereby amended as follows: § 205-1. Ce .r.iain enteFLaJnment stricted; permit required. A.To preserve public peace and good order and to prevent tumultuous assem- bhges, the following special events shall be prohibited in the Town of Southold, unless a permit is obtained in accordance lng 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 dis- couraged 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 Build- #9395 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 6th dayof Auqust, 2009. F~rincipal Clerk Sworn to before me this 2009. LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk Couniy, New York, on the 28th day of July 2009, a Local Law entitled ~ "and NOTICE IS HEREBY FURTHER GIVEN that the Towh Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the SouthoId Town Hall, 53095 Main Road, Southold, New York, on the 25th day of Aagust, 2009 nt 4:32 paR. at which time all interested persons will be given an opportunity to be heard. 7'ne proposed local law entitled, "A ~ reads as follows: A Local Law entitled, ~ vgy_em~. BE IT ENACTED by the Town Board L Pm'pose - To limit the applicability of the legislation specifically to apply to special events held on property owned, leased or controlled by the Town and to expand the jurisdiction of the ZBA to in agriculture. il. Chapter 205 of the Code of the Town of Southold is hereby amended as follows: § 205-1. Certain entertainment re- A. To preserve publlc peace and good blages, the fogowing special events shall be prohibited in the Town of Southold, unless a permit is obtained in accordance (1) All events or activities occurring including but not l~nited to carnivals, parades, walks, runs, marathons or bi- in accordance with the requirements set forth below. (2) Outdoor events at a winery, for exceeds the m~ximum occupancy of the public area of the building. lizing ~tthile nronertv owned, leased or (1) All applications for a special 60 days prior to the proposed date of the event and filed with the Town Clerk, to- gether with a fee of $100; $250.00 clean- ance not less than $1,000,000.00 naming the Town of Southold as an additional (2) Where the Town Board deter- mines that there is no specific Town ben- utable to additional police and highway (3) Upon filing an application for a plicant shah send written notice to every property owner abutting or adjacent to the public properS, as shown on the cur- and directly opposite (by extension of thc lot lines through a street or right- of-way) of the pu~|iz property owned. the subject of the application. For appli- parade, walk, run, marathon, bicycle race, or similar events, notice shall be given to property owners abutting or adjacent of the event and to all property own~ ers abutting or adjacent to the location Board may require additional notice, and signage, based upon the circum- necessary. Said notice shall include the (4) Notwithstanding the foregoing, the Town Board shall have the discretion 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 dis- couraged 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 Build- ing 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 atten- dance exceeds the maXUnum occupancy of the public area of thc building, the winery must obtain approval fxom the Zoning Board of Appe~ls~ An apptica- tion shag 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 (2) Adequate sanitary facilities must be provided. (3) All food must be catered and pre- (4) Events for 300 or more people plan. Town Code shall require the approval of CHRIgTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK NO, 01-vO6105050 Qualified in Sufiotg Cou~qtY 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 28th day of July 2009, a Local Law entitled ~ "and NOTICE IS HEREBY I~JBTHER GIVEN that the Towh 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 25lb {lay of Aegust, 2009 at 4'32 I~m. at which time all interested persons will be given an opportunity to be heard. 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 dis- couraged at Town beaches and parks from the Friday before the observance of Memorial Day until Labor Day. D. Applications for tents under this ~hapter must be submitted to the Build- lng 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 atten- dance exceeds the maxixnum occupancy o~ the public area of the building, the winery must obtain approval from the Zoning Board of Appe~l& An applica- tion shall be accompanied by a fifty- dollar fee. In granting such approval, the following factors must be considered: (1) Ali 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 pre- pared off site. (4) Events for 300 or more people require preparation of a traffic control plan. F. 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. CHRISTINA VOLINSKI NOTARY pUBLIC-STATE OF NEW YORK No. o1.VO6105050