Public Notice: Town of Riverhead- public meeting to amend Chapter 255 “Special Events”

TOWN OF RIVERHEAD
PUBLIC NOTICE

PLEASE TAKE NOTICE, that a public hearing will be held on the 17^th day of December, 2019 at 6:10 p.m. at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, to consider a proposed local law to amend Chapter 255 of the Riverhead Town Code entitled “Special Events” as follows:

Chapter 255. Parades, Assemblies and Special Events

ARTICLE II. Special Events

 § 255-8. Definitions.

Unless otherwise expressly stated, the following terms shall, for the purposes of this article, have the meanings set forth below:

CHARITABLE ORGANIZATIONS – An organization as defined in New York State Executive Law §171 -a. including but not limited to not-for-profit corporations. Such charitable organizations shall be recognized as exempt from federal taxation under Internal Revenue Code §501 (c) and shall be duly registered with the Charities Bureau of the Attorney General of the State of New York, if required.

§ 255-9. Permit required; application.

A.   Written permit required.

• Special event short form application, small gathering. Where 100 to 1,000 750 attendees are expected at the event and the event duration is 12 hours or less per calendar day, no person shall use, allow, let or permit property to be used for a special event unless a special event permit has been issued by the Town Board of the Town of Riverhead. 
• Special event long form, large gathering. Where 751 1,001 to 2500 4,000 attendees are expected at the event or the event duration is more than 12 hours per calendar day, no person shall use, allow, let or permit property to be used for a special event unless a special event permit has been issued by the Town Board of the Town of Riverhead. 
• Special event long form, large massive gathering. Where 2501 4,001 to 5000 or more attendees are expected at the event or the event duration is more than 12 hours per calendar day, no person shall use, allow, let or permit property to be used for a special event unless a special event permit has been issued by the Town Board of the Town of Riverhead. 

B.  Required filing date. Application for such permit shall be on the form provided by the Town Clerk, shall contain all of the required information and material, addressed to the Town Board and filed with the office of the Town Clerk in accordance with the below filing dates based on the type of special event. The Town Board, in its discretion, may provide for an expedited review for a special events permit under this article.

• Special event short form applications shall be filed at least 90 calendar days prior to commencement dates of special events. An application for a special event small gathering shall be filed at least 90 calendar days prior to the commencement date of the special event small gathering.
• For an event where more than 751  attendees but fewer than 2,500 spectators are expected at any one time during the duration of the event, a special event long form application shall be filed at least 180 days prior to the commencement date of the special event. An application for a special event large gathering shall be filed at least 120 calendar days prior to the commencement date of the special event large gathering.
• For an event where 2,501 to 5,000 or more spectators are expected at any one time during the duration of the event, a special event long form application shall be filed at least 270 days prior to the commencement date of the special event.  An application for a special event massive gathering shall be filed at least 180 calendar days prior to the commencement date of the special event massive gathering.

C.   Information and material to be submitted with a completed special event short form application. Such application shall include the following written material:

• The name, age and address of the applicant; if the applicant is a corporation, the name of the corporation and the names and addresses of directors and officers of the corporation; if the applicant does not reside in Suffolk County, the name, address and phone number of any agent, who shall be a natural person and shall reside or have a place of business in the County of Suffolk and who shall be authorized to and shall agree by verified statement to accept notices or summonses issued with respect to violations of any law, ordinances, rules or regulations.
• The name and address of the record owner of the subject property or properties and the nature and interest of the applicant in the property; proposed use of Town or other publicly owned property; proposed dates and hours of the special event, including setup and shutdown times; expected maximum number of persons intended to use the property at one time and collectively, including organizers, employees, vendors, exhibitors and spectators; the expected number of automobiles and other vehicles intended to use the property at one time and collectively: the purpose of the event, describing in detail the nature of the activities to be carried on and the admission fee to be charged, if any, and the name of groups, organizations, charities or individuals who shall benefit from the proceeds of the event.
• A plan and drawing showing the size of the property; the streets or highways abutting said property; the size and location of any existing building, buildings or structures or of any proposed building, buildings or structures or signs to be erected for the temporary event; the location of the stage or tents, if any, proposed to be erected; the designated areas of use for spectators, exhibitors, vendors, employees, and organizers; the location of all exits; the location of all fire extinguishers and other fire safety equipment; and the location of all temporary utilities to be installed for the event.
• A plan and drawing showing the layout of any parking area for automobiles and other vehicles and the means of ingress and egress for such parking area. Such parking area shall provide one parking space for every four persons at peak attendance shall be in accordance with the Fire Marshal’s setback guidelines.
• The name, address, and telephone number, of the person(s) who will be engaged in the preparation and sale of food, and a copy of their state and/or county license/permit for said activity, said license/permit to be received no later than 14 days prior to the commencement of the event. 
• A plan for the use of live music, loudspeakers, horns, or other sounds which will be used, if any, and the type and location of speakers and other audio equipment.
• The name and address of the security company, if any, which will work on the premises, and a description of the duties to be performed, subject to the approval of the Chief of Police.

(8)  A description of the communications plan to be utilized by the event organizer to facilitate command and control of all routine and emergency activities related to the event, subject to approval by the Chief of Police and Fire Marshal.

(9) A description of tents or other temporary structures, camping or housing facilities to be available, if any, and a plan showing the intended number and location of them, compliance with the applicable requirements of the NFPA Life Safety Code (NFPA101), the NFPA Temporary Membrane Structures/Tents (NFPA 102) and the Fire Code of New York State.

D.  C.  Information and material to be submitted with a completed special event long form 

            application. Such application shall include the following written material:

• The name, age and address of the applicant; if the applicant is a corporation, the name of the corporation and the names and addresses of directors and officers the president of the corporation; if the applicant does not reside in Suffolk County, the name, address and phone number of any agent, who shall be a natural person and shall reside or have a place of business in the County of Suffolk and who shall be authorized to and shall agree by verified statement to accept notices or summonses issued with respect to violations of any law, ordinances, rules or regulations. The proposed special event address.  The name and address of the record owner of the subject property or properties and the nature and interest of the applicant in the property; proposed use of Town or other publicly owned properties.
• The name and address of the record owner of the subject property or properties and the nature and interest of the applicant in the property; proposed use of Town or other publicly owned property; Pproposed dates and hours of the special event, including setup and shutdown times; expected maximum number of persons intended to use the property at one time and collectively, including organizers, employees, vendors, exhibitors and spectators; the expected number of automobiles and other vehicles intended to use the property at one time and collectively; if there are animals, the approximate number and types of animals, the name, address and telephone number of the contractor providing and/or transporting the animals, the storage and provisions for disposal of all animal wastes; the purpose of the event, describing in detail the nature of the activities to be carried on and the admission fee to be charged, if any, and the name of groups, organizations, charities or individuals who shall benefit from the proceeds of the event.
• A plan and drawing, drawn to scale, showing the size of the property; the zoning district in which it is located; the streets or highways abutting said property the size and location of any existing building, buildings or structures or of any proposed building, buildings or structures; the type and location of all signs to be erected for the temporary event; the location of the stage or tents, if any, proposed to be erected; the designated areas of use for spectators, exhibitors, vendors, employees, and organizers; the location of all exits; the location of all fire extinguishers and other fire safety equipment; and the location of all temporary utilities to be installed for the event.
• An environmental impact study, if so required by the Town Attorney.
• A plan and drawing showing the method to be used for the disposal of sanitary waste and sewage, subject to approval by the Town of Riverhead and Suffolk County Department of Health Services. A certification by the applicant that all other applicable government permits and approvals as may be required, including but not limited to approvals/permits from the Suffolk County Department of Health Services, the New York State Department of Health, the New York State Liquor Authority, shall be obtained prior to commencement of the event.
• A plan and drawing showing the method to be used for the supply, storage and distribution of water, subject to approval by the Town of Riverhead and Suffolk County Department of Health Services.

• (6) A plan and drawing showing the layout of any parking area for automobiles and

        other vehicles and the means of ingress and egress to such parking area. Such parking

        area shall provide one parking space for every four persons in attendance and shall be 

        in accordance with the Fire Marshal’s setback guidelines.

• (7) Provisions to dispose of any garbage, trash, rubbish or other refuse, subject to approval by the Town of Riverhead and Suffolk County Department of Health Services.
• (8) The name, address and telephone number of the person(s) who will be engaged in the preparation and sale of food, beer or alcohol and a copy of their state and/or county license/permit for said activity.  New York State Liquor Authority approval to be delivered to the Town Clerk’s office prior to the commencement of service.
• (9) A plan for the use of live music, loudspeakers, horns, or other sounds which will be used, if any, and the type and location of speakers and other audio equipment.

• (10)   A plan for the use of lighting, if any, and the type and location of such equipment.

• (11) The name and address of the security company, if any, which will work on the premises, and a description of the duties to be performed, subject to the approval of the Chief of Police.
• (12) A description for fire protection and a map specifying the location of fire lanes and water supply for fire control, subject to approval of the Fire Chief and Fire Marshal.
• (13) A copy of the completed application filed with the Suffolk County Department of Health Services, Emergency Medical Services. The Town Board may require applicant to contract for its own medical and/or ambulance services.
• (14)  A description of the communications plan to be utilized by the event organizer to facilitate command and control of all routine and emergency activities related to the event, subject to approval by the Chief of Police and Fire Marshal.
• (15)  A description of tents or other temporary structures, camping or housing facilities to be available, if any, and a plan showing the intended number and location of them, compliance with the applicable requirements of the NFPA Life Safety Code (NFPA101), the NFPA Temporary Membrane Structures/Tents (NFPA 102) and the Fire Code of New York State.
• (16)  A plan demonstrating that the event shall be handicapped accessible to the extent practical. The applicant shall provide handicapped accessibility for restroom facilities and adequate handicapped parking as close to the event as practical.
• (17)  If any type of banner is to be displayed adjacent to a Town, county or state road, the applicant shall include the size of the banner, location of the banner and the dates that it will be displayed and submit approvals from the appropriate town, county and state agencies prior to the display of the banner.
• (18)  A plan describing the rehabilitation of the event site to its original condition, including but not limited to rubbish and trash removal, removal of all temporary structures and restoration of all landscaping and other public property to a condition comparable to that prior to the event.
• (19)  Rejection by the Town Clerk – The Town Clerk shall have the authority to reject any application that the Town Clerk finds incomplete. If a certificate of insurance is not received 30 days prior to the commencement of the event, then the application shall be deemed incomplete and will result in the denial of the application.

§ 255-11. Review of application; approval or denial of permit.

A.    All applications for a permit shall be reviewed by the Town Board, Town Attorney, Chief of Police and Fire Marshal. The Town Attorney, Chief of Police and Fire Marshal shall submit a written report to the Town Board explaining any issues and/or concerns that must be addressed concerning the application. The Fire Marshal shall obtain such further reports from local public safety organizations, including ambulance and fire districts, as appropriate. The Chief of Police shall also provide a written estimate of additional police services that shall be necessary to adequately protect the public during the event. The Town Board may also request an advisory report from the Planning Board and from any other advisory board whose expertise and evaluation may be appropriate.

B.   In determining whether to approve or deny an application, the Town Board shall consider the information provided in the application and such other information as may be available, including but not limited to:

 (1)  The environmental impact study.

• Impact of the event on the safe and orderly movement of traffic within and contiguous to the event.
• Need for the Town to police such event, and whether the numbers of police officers assigned to properly police such event will prevent the Town from providing adequate police protection to the remainder of the Town.
• Impact of the event on fire and police protection and ambulance service to the areas contiguous to the event and to the Town in general.
• Impact of the event on the movement of firefighting equipment or ambulance service to areas contiguous to the event.
• Impact of the event on the general health, safety and welfare of the Town as identified through the state environmental quality review pursuant to New York State Code of Rules and Regulations Part 617.
• Verification that there are no Ooutstanding violations on the property at which the event will be held or any outstanding or unsatisfied conditions of a Town agency approval, including but not limited to those of the Planning Board or the Zoning Board of Appeals.
• Verification that the information contained in the application is not found to be false or nonexistent in any material detail.
• Verification that the grant of the permit would not violate any existing covenants on the property.
• If one or more events are scheduled for the same date and time that are within a half-mile radius of each other, the Town Board will determine if there are adequate resources for all these events. If there are not sufficient resources to ensure public health and safety, the Town Board shall deny one or more permits if the impacts of the events cannot be mitigated. When deciding which event to deny, the Town Board shall consider the following:

• Whether the event is recurring.
• Whether this recurring event has been subject to a violation within the last three years.
• The date the permit application was submitted to the Town Clerk.
• If events occurred the prior calendar year, the Town Board shall consider what their impact was on that area of the Town.

• A donation to one or more local charities.
• If an applicant is requesting a special event permit that was held the previous year, verification must be submitted from those charities listed on the previous application.
• Possible conflicts with other events and seasonal demands which may overtax or cause undue burden on Town services for parades and special events, shall be considered if the parade or special event occurs within 30 calendar days of another parade or special event is to occur during the period of Memorial day to Veterans Day.

§ 255-12. Application fees.

C. Late applications shall incur a fee. Applications of $20 per day beyond the submission deadline will be accepted as set forth in §255-9 B. Any short form special event small gathering applications submitted within 45 days of the proposed commencement of the event will be denied.  Any long form special event large gathering applications submitted within 60 days of the proposed commencement of the event will be denied.  Any special event massive gathering applications submitted within 120 days of the proposed commencement of the event will be denied.

D. Any amendment to the application for a parade or special event will be subject to an amendment fee of 25% of the application fee $150.00. Amendments requiring a resolution may include changes to the location, route, parking plan, number of people expected, etc. Amendments to Fire Safety Plans or Parking Plans at the request of the Town are not considered amendments to the application.

§ 255-20. Penalties for offenses.

A violation of any of the provisions of this article, or violation of any of the terms and conditions of a permit issued under this Article, shall, upon conviction thereof, be punishable by a fine of not less than $250 nor more than $1,000 for each offense or by imprisonment for a period not exceeding 30 days, or by both such fine and imprisonment, in addition to any fines imposed hereunder. Failure to obtain a special event permit as defined herein, shall be an offense and the fine shall be the applicable special event application fee, plus an amount not less than $250 nor more than $1000. Each day that such event occurs, is conducted, or otherwise takes place without a special event permit having been issued, shall be considered a separate offense.

§ 255-20. Amnesty; effective date. for offenses.

The Riverhead Town Board has determined that a twelve-month amnesty period from the date of adoption of the local law (LL No. 25-2018), adopted on December 18, 2018 shall be placed in effect and as such, LL No. 25-2018 shall take effect on December 18, 2019.  This amendment when adopted shall be effective immediately. 

• Overstrike represents deletion(s)
• Underscore represents addition(s)

Dated:  Riverhead, New York

  December 10, 2019    

BY ORDER OF THE TOWN BOARD
OF THE TOWN OF RIVERHEAD

DIANE WILHELM, Town Clerk