[HISTORY: Adopted by the Town Board of the Town of Schodack 4-24-1989
as L.L. No. 1-1989. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
The Chief of Police of the Town of Schodack.
Any parade, march, procession or demonstration of any kind or any
similar display in or upon any street, park or other public place in the Town
of Schodack.
A permit as required by this chapter.
Any person, firm, partnership, association, corporation, company
or organization of any kind.
The Town of Schodack.
The duly constituted legislative body of the Town of Schodack.
A.
No person shall engage in, participate in, aid, form
or start any parade unless a parade permit shall have been obtained from the
Chief of Police.
B.
Exceptions.
(1)
This chapter shall not apply to:
(a)
Funeral processions;
(b)
Wedding processions;
(c)
Students going to and from school, classes or participating
in educational activities, provided that such conduct is under the immediate
direction and supervision of the proper school authorities;
(d)
A governmental agency acting within the scope of its
functions; and
(e)
Regularly scheduled activities of organized youth groups,
e.g., Cub Scouts, Little League, etc.
(2)
For purposes of this chapter, a parade conducted by a
fire company or fire district shall be subject to the provisions of this section,
except that no fee shall be required of such fire company or fire district.
A.
A person seeking issuance of a parade permit shall file
an application with the Chief of Police on forms provided by the Chief of
Police.
B.
The application for a parade permit shall set forth the
following information:
(1)
The name, address and telephone number of the person
or persons seeking to conduct such parade.
(2)
If the parade is proposed to be conducted for, on behalf
of or by an organization, the name, address and telephone number of the headquarters
of the organization and of the authorized and responsible heads of such organization.
(3)
The name, address and telephone number of the person
who will be the parade Chairman and who will be responsible for its conduct.
(4)
The date when the parade is to be conducted.
(5)
The route to be traveled, the starting point and the
termination point.
(6)
The approximate number of persons who will constitute
such parade, and if there are animals and vehicles, the type of animals and
description of the vehicles.
(7)
The hours when such parade will start and terminate,
and the time at which units of the parade will begin to assemble at any such
assembly area or areas.
(8)
A statement as to whether the parade will occupy all
or only a portion of the width of streets proposed to be traversed.
(9)
The location by streets of any assembly areas for such
parade.
(10)
If the parade is designed to be held by, on behalf of
or for any person other than the applicant, the applicant for such permit
shall file with the Chief of Police a communication in writing from the person
proposing to hold the parade, authorizing the applicant to apply for the permit
on his behalf.
The Chief of Police shall issue a permit as provided for hereunder,
when from a consideration of the application and from such other information
as may be obtained otherwise, he finds that:
A.
The conduct of the parade will not substantially interrupt
the safe and orderly movement of other traffic contiguous to its route.
B.
The conduct of the parade will not require the diversion
of so great a number of police officers of the town to properly police the
line of movement and the areas contiguous thereto as to prevent normal police
protection to the town.
C.
The concentration of persons, animals and vehicles at
assembly points of the parade and the conduct thereof will not unduly interfere
with proper fire and police protection of or ambulance services to areas contiguous
to such assembly areas and the town in general.
D.
The conduct of such parade will not interfere with the
movement of fire-fighting equipment en route to a fire or normal ambulance
service.
E.
The parade is scheduled to move from its point of origin
to its point of termination expeditiously and without unreasonable delays
enroute.
F.
The parade is not designed to be held purely for private
profit.
The Chief of Police shall act upon the permit within 30 days of its
receipt. If the Chief of Police disapproves the application, notice thereof,
including the reasons for the denial, shall be promptly given to the applicant.
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 named by the applicant, if so requested
by the applicant.
Any applicant denied a parade permit by the Chief of Police may appeal,
in writing, to the Town Board within 10 days of the denial. The time to so
appeal may be extended, at the discretion of the Town Board. The applicant,
upon appeal, shall be entitled to argue his case before the Town Board. The
Town Board is hereby empowered to affirm, modify or reverse the decision of
the Chief of Police. The Town Board may attach any conditions to a permit,
should it determine the permit should be granted.
Each parade permit which is granted shall state the following information:
A.
Interference. No person shall unreasonably hamper, obstruct
or impede or interfere with any parade or parade assembly, or with any person,
vehicle or animal participating or used in a parade.
B.
Driving through parades. No driver of a vehicle shall
drive between the vehicles or persons comprising a parade when such vehicles
or persons are in motion and are conspicuously designated as a parade.
C.
Parking on parade route. The Chief of Police shall have
the authority, when reasonably necessary, to prohibit or restrict the parking
of vehicles along a highway or part thereof constituting a part of a parade
route. The Chief of Police shall post signs to such effect, and it shall be
unlawful for any person to park or leave unattended any vehicles in violation
thereof. No person shall be liable for parking on a street unposted in violation
of this chapter.
There shall be submitted with each application a fee to cover the cost
of issuing such permit, a sum which shall be established by resolution of
the Town Board.
Any person committing an offense against any of the provisions of this
chapter shall be punished, upon conviction, by a fine not exceeding $250 or
by imprisonment not exceeding 15 days, or by both such fine and imprisonment.
The continuation of an offense against the provisions of this chapter shall
constitute, for each day the offense is continued, a separate and distinct
offense hereunder.
