[HISTORY: Adopted by the Common Council of the City of Kingston 8-7-1984
by L.L. No. 3-1984, approved 8-28-1984, as Ch. 82A of the 1984 Code. Amendments
noted where applicable.]
A.Â
CHIEF OF POLICE
CITY
PARADE
PARADE PERMIT
PERSON
Definitions. As used in this chapter, the following terms
shall have the meanings indicated:
The Chief of Police of the Police Department of the City of Kingston,
New York.
The land area located within the geographic bounds of the City of
Kingston, New York.
Any public assembly which is intended to have movement on any of
the sidewalks, streets, highways, parks or other public places in the City
of Kingston, New York.
A permit as required by this chapter.
Any individual, firm, partnership, association, corporation, company
or organization of whatsoever kind or nature.
B.Â
Word usage. Where necessary in the foregoing definitions,
the singular shall include the plural, and the plural shall include the singular.
A.Â
A parade shall be permitted upon any streets, highways,
sidewalks, parks or other public places within the city only after a written
permit is issued therefor by the Chief of Police.
B.Â
Exceptions. This chapter shall not apply to:
(1)Â
Ordinary and necessary movements of the armed forces
of the United States, National Guard, Fire Departments and Police Departments.
(2)Â
Funeral processions.
(3)Â
Students while on their way to and departing from school
premises or school activities, or participating in related educational activities,
provided that such movement is under the direction and control of the official
school governing body.
A person seeking issuance of a parade permit shall file an application,
in writing, with the Chief of Police on forms provided by the latter.
A.Â
Filing period. An application for a parade permit shall
be filed with the Chief of Police not less than 15 days nor more than 30 days
before the date on which it is proposed to conduct the parade.
B.Â
Forms. The application for a parade permit shall set
forth the following information and provide the following documentary or evidenciary
matter:
(1)Â
The name, address and telephone number of applicant,
and if the applicant is not a singular person then of the chief officer of
the applicant, together with an identifying photograph of the applicant or
of its chief officer.
(2)Â
If the parade is proposed to be conducted for or on behalf
of other than an individual or individuals, the name, address and telephone
number of the organization under whose auspices the parade is intended to
be held and the name, address and photograph of the person or persons representing
such organization and to whom will be entrusted the responsibility for the
good order and conduct of the parade.
(3)Â
The date and hours of the parade, from commencement to
termination.
(4)Â
The precise route to be traveled, designating starting
point and termination point.
(5)Â
The approximate number of the persons who will participate
in such parade, the number and description of vehicles to be used, and if
animals of any kind are to be employed the numbers and types thereof.
(6)Â
An estimate of the portion or width of streets to be
used by the parade force.
(7)Â
The time and place of assembly in preparation for the
parade.
(8)Â
The distance to be maintained between units of the parade.
C.Â
If the sponsorship of the parade is for or on behalf
of any organization, there shall likewise be filed with the Chief of Police
the written authorization of such organization for its sponsorship thereof,
executed by the directing head of the organization.
D.Â
Waiver of time limitation. The Chief of Police, for good
cause shown, is authorized to waive the foregoing limitations for application
for permit as hereby provided.
The Chief of Police, in consideration of applications for parade permits,
shall employ the following standards and criteria before granting any such
application.
A.Â
That the proposed parade will be orderly in character
and not tend to unduly disturb the public peace.
B.Â
That the conduct of the parade will not unduly interrupt
the normal functioning of the city.
C.Â
That the conduct of the parade will not unduly interrupt
the safe and orderly movement of pedestrian and vehicular travel.
D.Â
That the concentration of persons, vehicles and animals
at the assembly area and along the route of the parade will not unduly interfere
with proper fire, police and ambulance service.
E.Â
That the parade is so planned and scheduled as to move
from the point of origin to the point of termination expeditiously and without
unnecessary delay en route.
The Chief of Police, in denying an application for a parade permit,
shall be empowered to authorize the conduct of the parade on a date, at a
time or over a route different from that designated by the applicant. An applicant
desiring to accept an alternate permit shall, within three days after notice
of the action of the Chief of Police, file a written notice of acceptance
with the Chief of Police. In default of such acceptance, the application for
the original permit or alternate permit shall be deemed abandoned. Alternate
parade permits shall be issued based upon the same criteria as original permits
under this chapter.
Each parade permit shall contain the following information:
A.Â
The name and address of the permittee.
B.Â
The date, starting time and termination time of the parade.
C.Â
The assembly area, the starting point, the exact route
to be traveled and the termination point.
D.Â
The minimum and maximum speed of the parade force and
the maximum interval of space to be maintained between the units of the parade,
if any.
E.Â
The portions of the streets on the parade route to be
traversed that may be occupied by the parade force.
F.Â
The maximum length of the parade in miles or fraction
thereof.
A.Â
A permittee hereunder shall comply with all permit rules
and regulations and also with all other applicable statutes, laws and ordinances.
B.Â
Possession of permit. The permittee, or if an organization
the responsible designee of the organization, shall have possession of the
permit at all times from the assembly of the parade force to the time of the
disbursing thereof and shall display the same on demand of the Chief of Police
or of any officer under his command.
A.Â
Interference. No person shall hamper, obstruct, impede
or interfere with any lawful parade or lawful parade assembly, nor with any
person, vehicle or animal participating or used in any parade for which a
permit has been granted hereunder and during the course thereof.
B.Â
Driving through parades. Except when authorized by the
Chief of Police or an officer serving under his command, no driver of a vehicle
of conveyance shall drive between or intrude upon the parade or parade force
or its constituents.
C.Â
Parking on parade route. The Chief of Police shall have
the authority to restrict or prohibit the parking of vehicles during a parade,
and it shall be unlawful for any person to park or leave any vehicle unattended
in violation thereof. Any such violator shall be prosecuted in the same way
and to the same extent as for any other unlawful parking of vehicles within
the City of Kingston then in effect.
D.Â
Disobeying parade permit regulations. A person who shall
violate these regulations or the terms or conditions contained in the parade
permit or any state law or ordinance applicable therein while participating
in or observing a parade shall be prosecutable as hereinafter provided.
Any infraction of any of the terms of this chapter which constitute
an offense and any person, firm, partnership, association, corporation, company
or organization found guilty thereof shall be punishable by a fine not to
exceed $250 or by imprisonment for a term not to exceed 15 days for each such
violation and offense, or by both such fine and imprisonment for each such
violation or offense.