[HISTORY: Adopted by the Board of Trustees
of the Village of Great Neck Estates 2-14-2005 by L.L. No. 3-2005.
Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any gathering or procession consisting of people, animals
or vehicles, or any combination thereof, upon any public property,
roadway, street, sidewalk or alley that will affect the ordinary use
of such public property, roadway, street, sidewalk or alley.
A.
No person shall engage in, participate in, aid, form
or start any parade unless a parade permit shall have been obtained
pursuant to this chapter.
A.
Application required. Any person or organization seeking
issuance of a parade permit shall file a written application with
the Village Clerk in conformity with the requirements of this section.
B.
Filing period. An application for a parade permit
shall be filed with the Village Clerk not less than 20 business days
prior to the first date on which the parade is proposed to take place.
Upon good cause shown for late filing, and provided that sufficient
time is available for the Village to review the application and act
upon the same in accordance with the provisions of this chapter, the
Village Clerk may accept any application which is filed before the
first date such parade is proposed to be conducted.
[Amended 4-8-2013 by L.L.
No. 3-2013]
C.
Fee. The fee for a parade permit application, in an
amount fixed by resolution of the Board of Trustees, shall be paid
at the time of filing the permit application. An additional fee, in
an amount fixed by resolution of the Board of Trustees, shall be paid
upon issuance of a parade permit.
D.
Insurance. The application shall include documentation
of an approved surety indemnity bond or approved comprehensive liability
insurance policy, or endorsement to such policy, naming the Village
as an additional insured. Such insurance requirement shall be in a
principal amount not less than $1,000,000 combined single limit, and
shall be issued an insurer licensed to do business in the State of
New York and having a Best rating of not less than A, or equivalent.
The Village shall not be deemed to have assessed the risks that may
be applicable to the event, and each permittee shall be responsible
for assessing the risks of the event and obtaining additional insurance
coverage for itself if appropriate and prudent.
E.
Contents of application. Each application for a parade
permit shall contain the following information, at a minimum:
(1)
The name, address and telephone number of the person
or entity seeking to conduct such parade. If the proposed parade is
to be conducted for, on behalf of or by an organization, the name,
address and telephone number of the office of the organization, and
of the authorized and responsible officers or representatives of such
organization.
(2)
The name, address and telephone number of the person
who will serve as agent of the organization with respect to the proposed
parade and who will be responsible for its conduct.
(3)
The date(s) and times when the proposed parade will
be conducted.
(4)
The route to be traveled, the starting point and the
termination point.
(5)
The approximate number of persons, animals and vehicles
which will constitute such parade, the type of animals and a description
of the vehicles.
(6)
The hours when such parade will start and terminate.
(7)
The location of any assembly areas for such parade.
(8)
The time at which units of the parade will begin to
assemble at any such assembly area or areas.
(9)
The interval of space to be maintained between units
of such parade.
(10)
If the parade is to be held by and on behalf of or
for any person or entity other than the applicant, the application
shall include the written consent from the person or entity proposing
to hold the parade, and the person or entity on whose behalf the parade
is proposed to be held.
(11)
Whether the parade will involve the use of any device
for the reproduction or amplification of sound, and if so, a description
of each such device and the nature and extent of such reproduction
or amplification;
(12)
The arrangements for disposal of waste materials generated
or discarded during the parade, and in the period of time immediately
preceding and following the parade;
(13)
Any additional information which the Village Clerk
or Mayor shall find reasonably necessary for a fair determination
as to whether a permit should be issued.
A.
Upon receipt of a complete permit application, the
Village Clerk promptly shall transmit the same to the Mayor, or a
person designated by the Mayor for such purpose.
B.
The Mayor, or the Mayor's designee, shall issue a
parade permit in accordance with this chapter, unless such official
determines that:
(1)
The parade will substantially interrupt the safe and
orderly movement of other traffic;
(2)
The concentration of persons, animals and vehicles
will unduly interfere with proper fire and police protection of or
ambulance service to the village;
(3)
The application contains false information or incomplete
information of a substantive nature or otherwise fails to conform
to the requirements of this chapter;
(4)
The applicant has not satisfied all the terms and
conditions of the permit, including proof of insurance.
Any person aggrieved by the approval or denial
of a parade permit pursuant to this chapter may appeal the determination
to the Board of Trustees. Such appeal shall be made in writing, within
ten (10) days after such determination. The Mayor shall have the right
to participate in, and vote with respect to, such appeal.
Each parade permit shall include, at a minimum,
the following information:
A.
The date(s) and starting and concluding time(s);
B.
The public property which may be used in conjunction
with the proposed parade;
C.
Such other conditions as the issuing official may
determine are reasonable and necessary to preserve public order, to
protect public property, and to preserve the health, safety and general
welfare, including restrictions on the use of sound amplifying devices.
A.
A permittee shall comply with all permit directions
and conditions and with all applicable laws and regulations;
B.
A permittee shall be responsible to inform all participants
in the parade of the terms and conditions of the permit prior to the
commencement of such parade, and shall be responsible in the event
any participant fails to comply with a condition of the permit;
C.
The permittee shall carry the parade permit upon the
permittee's person at all times during the event. In the event the
permittee is not present at the event, the person in charge of the
event shall carry the permit, and inform the Village Police Department
of such person's name and address.
The Chief of Police shall have the authority,
when reasonably necessary, to prohibit or restrict the parking of
vehicles along a public street or roadway, or part thereof, constituting
all or part of the route of a parade. The Chief of Police may direct
that appropriate signs be posted to such effect, and it shall be unlawful
for any person to park or leave unattended any vehicle in violation
thereof of any such parking restriction.
Any permit issued pursuant to this chapter shall
be temporary and shall not vest any permanent rights in the permittee.
The Mayor may revoke a parade permit based upon emergency conditions,
or failure of the permittee to abide by the conditions of the permit.
Revocation of a parade permit may be appealed to the Board of Trustees
by the same process as provided for an appeal from the issuance or
denial of a permit.
[Added 5-14-2012 by L.L. No. 4-2012]
A.
DEMONSTRATION
FUNERAL OR MEMORIAL EVENT
ORGANIZER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A preplanned gathering of five or more persons who are invited
or organized by an organizer to convene on public property and in
the vicinity of a funeral or memorial event for the purpose of a public
exhibition, including a procession, parade, protest, picket, march
or rally.
A wake, funeral, burial or memorial service conducted within
30 days after the death of the person who is the subject of such event.
One or more persons or entities that plan or coordinate a
demonstration for which a permit may be required pursuant to this
section.
B.
No person shall organize or participate in a demonstration which
takes place in whole or in part within 1,000 feet of a funeral or
memorial event unless a permit has been issued by the Village Clerk
for such demonstration pursuant to this section. No person shall organize
or participate in a demonstration in violation of the conditions of
a permit issued pursuant to this section.
C.
The permit application for any demonstration subject to this section
shall be filed with the Village Clerk not less than five business
days prior to the proposed demonstration date, unless the Mayor, for
good cause, waives such advance filing requirement. The Mayor may
delegate to the Village Clerk or any other designated Village officer
the authority to grant such waivers or to exercise any other authority
vested in the Mayor in this section.
D.
Upon receipt of such application, the Mayor shall promptly review
such application, and if the application satisfies the requirements
of this section, as well as any other lawful requirements which the
Mayor may impose, then the Mayor shall issue such permit. The Mayor
may include in such permit such reasonable conditions as may be appropriate
to maintain peace and good order and to facilitate the purposes of
this section.
E.
Such permit shall specify expressly and in detail the time and place
and any lawful restrictions or conditions that may be imposed regarding
such demonstration. If the permit application is denied, the Mayor
shall issue a written denial which specifies in detail the manner
in which the application is deficient or the grounds upon which the
application was denied, together with the procedure by which the permit
applicant may obtain timely reconsideration of such determination.
F.
Any permit issued by the Mayor to this section may include reasonable
restrictions on the time, place and manner of the demonstration for
which the permit is issued.
G.
If a fee for such applications is established by the Board of Trustees,
the Village Clerk shall not accept any application pursuant to this
section without payment of such fee. The Board of Trustees may establish,
and from time to time amend, a reasonable fee to compensate the Village
for administrative and processing costs.
H.
Any person who has been determined to have organized or participated
in a demonstration for which a permit required pursuant to this section
has not been issued, or in violation of the conditions of a permit
duly issued pursuant to this section, shall be guilty of a violation,
and shall be subject to a civil penalty of up to $500 for the first
such violation determined to have been committed, up to $1,000 for
a second such violation determined to have been committed within three
years of the first such violation, and up to $2,000 for a third such
violation determined to have been committed within such three-year
period.
