DAN'S PAPERS, September 4, 2009 Page 50 www.danshamptons.com
Pope
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owner. Also exempt are yard sales, although yard sales must be limited to no more than 12 days within a calendar year or no more than six days between Memorial Day and Labor Day. NOT exempted from permit requirements are weddings, funerals, reunions and graduations held in a residential zone that are not for the immediate property owner, his family member or tenant. Furthemore, in residential areas only up to two such permits may be issued in a calendar year. Or three times in other zones per calendar year, only one of which can take place at night. Bar Mitzvahs, Christmas parties or just regular blowout end of summer parties also are not exempt, even if thrown by property owners. As I said, only family weddings, funerals, graduation
parties and school reunions are exempt. Also, if you do want to hold an event for the purpose of “Expressive Activity,” you may do so without notice as long as such event is under 50 people. If it is more than 50 people, then you can still hold it without a permit, but you must notify the Town Clerk at least 48 hours prior to it. In every case, where an application IS required, it must be made to the Town Board at least 30 days before the event, or 90 days before a parade, and the parade cannot occur within 30 days of any other approved parade during the period of Memorial Day to Labor Day. (Be
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mindful of the date for the Fourth of July parade. It is July 4.) Where East Hampton seems primarily concerned with those applying for the permit, Southampton seems primarily concerned with the property the permit will be held on. If the PROPERTY has had a violation to the permit during the three years prior to when the new application is made, then the property cannot qualify. Also, Southampton will tell you EXACTLY, in advance, just how much the police and parks department will charge you for what you are doing. They are not estimates. And there are no givebacks. And again, you have to pay the amounts in advance. However, the Town DOES have an application that would allow the applicant to get a waiver of the fees. Waivers are decided at the discretion of the Town Board, but are based on whether the event is considered by the Board to be in the nature of a public service event that all could enjoy. If it is, the Town may rescind the charges. The passage reads as follows: “This law may not apply to any special event or parade held on public property, open to the public that is free of charge, as determined by resolution of the Town Board.” (They would probably do this for the Pope. But then again, maybe not.) Southampton also is suspicious when waiving the fees for event promoters who say they are raising money for charity. Are they? The Town wants verification that the charity received the money. The Town requires that within 90 days after the event the organizers submit verification in the form of cancelled check to show that payment to charity has been made. The law in Southampton does charge application fees for a permit. This year the fee is $50 per day. Going ahead and holding an event without a permit in Southampton can get you a far worse outcome than in East Hampton. First offense can be one year in jail and $2,000 fine. A second or third offense will get you an additional year in jail, and if you do it again and again, you could spend even more time in jail, but your fine would be maxed out at $10,000. All in all, we’ve come a long way from the days when the Hamptons were so simple you could just plan an event, call the Town and ask them to help out and they’d say what do you need? We’re here. Fun is fun. Or was. I don’t know what to think it is today. Maybe it’s just something in need of being regulated.