[HISTORY: Adopted by the Village Board of Trustees of the Village
of Pleasantville 12-14-1981 by L.L. No. 5-1981
as § 44.2 of the 1981 Code; amended in its entirety 10-13-1992
by L.L. No. 15-1992. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any parade, march, ceremony, show, exhibition, pageant, run, road,
race, procession or demonstration of any kind or any similar display in or
upon any street, park or other public place in the village.
A permit as required by this chapter.
Any person, firm, partnership, association, corporation, company
or organization of any kind, except the Village of Pleasantville.
The Village of Pleasantville.
A person seeking issuance of a parade permit shall file an application
with the Village Police Chief on forms provided by the Village Police Chief.
A.
Filing period. An application for a parade permit shall
be filed with the Village Police Chief not less than 14 business days nor
more than one year before the date on which it is proposed to conduct the
parade.
B.
Contents. 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 chairperson 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 and animals and
vehicles which will constitute such parade, the type of animals and description
of the vehicles.
(7)
The hours when such parade will start and terminate.
(8)
A statement as to whether the parade will occupy all
or only a portion of the width of the streets proposed to be traversed.
(9)
The location by streets of any assembly areas for such
a parade.
(10)
The time at which units of the parade will begin to assemble
at any such assembly area or areas.
(11)
If the parade is designed to be held by, on behalf of
or for anyone other than the person making the application, the applicant
for such permit shall file with the Village Police Chief a communication,
in writing, from the person proposing to hold the parade authorizing the applicant
to apply for the permit on his or her behalf.
(12)
Any additional information which the Village Police Chief
shall find reasonably necessary to a fair determination as to whether a permit
should be issued.
C.
Late applications. The Village Police Chief, where good
cause is shown therefor, shall have the authority to consider any application
hereunder which is filed less than 14 business days before the date such parade
is proposed to be conducted.
D.
Proof of insurance.
(1)
The application is to include submitted proof of liability
insurance in an amount as set by resolution of the Village Board of Trustees
from time to time.
(2)
Said proof of insurance shall be in the form of a certificate
of insurance showing that the village is a named insured as well as giving
the village 30 days' written notice of any cancellation or a change.
Furthermore, the sponsoring person or group shall execute a hold-harmless/indemnification
agreement, in a form satisfactory to the Village Attorney, indemnifying and
holding harmless the Village of Pleasantville, its agents and servants from
any and all liability stemming from the issuance of a permit hereunder or
any actions, active or passive, taken under the terms of any permit issued
herein.
E.
A fee, as set forth by resolution of the Village Board
of Trustees in the Master Fee Schedule, which may be amended from time to
time, shall be charged. This provision shall not apply to government agencies.
[Amended 5-23-1994 by L.L. No. 12-1994]
The Village Police Chief, after consultation with the Village Administrator,
shall issue a permit as provided for hereunder when, from a consideration
of the application and from such other information as may otherwise be obtained,
he or she 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 concentration of persons, animals and vehicles at
assembly points of the parade will not unduly interfere with proper fire and
police protection of or ambulance services throughout the village.
C.
The conduct of such parade will not interfere with the
movement of fire-fighting equipment en route to a fire.
D.
The parade is scheduled to move from its point of origin
to its point of termination expeditiously and without unreasonable delays
en route.
E.
The proposed parade route will permit necessary police
coverage without unduly interfering with the normal duties of the Village
Police Department or placing an unreasonable burden upon the Police Department.
The Village Police Chief shall act upon the application for a parade
permit within five business days after the filing thereof. If the Village
Police Chief disapproves the application, the Chief shall mail to the applicant,
within five business days after the day upon which the application was filed,
a notice of the action stating the reasons for his or her denial of the permit.
Any person aggrieved shall have the right to appeal the denial of a parade permit to the Village Board of Trustees. The appeal shall be taken within three business days after notice. The Village Board of Trustees shall act upon the appeal within five business days after its receipt; late applications rejected under § 128-5 may be appealed as soon as the Village Board of Trustees convenes.
The Village Police Chief, 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 based upon the considerations set forth in § 128-4. An applicant desiring to accept an alternate permit shall, within five business days after notice of the action of the Village Police Chief, file a written note of acceptance with the Village Police Chief. An alternate parade permit shall conform to the requirements of and shall have the effect of a parade permit under this chapter.
Each parade permit 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 route
of a parade. The Chief of Police shall post signs to such effect, and it shall
be unlawful for any person to park or leave unattended any vehicle in violation
thereof. No person shall be liable for parking on a street unposted in violation
of this chapter.
The Village Police Chief shall have the authority to revoke a parade
permit issued hereunder upon a violation of the standards for issuance as
herein set forth.
Any person, firm or corporation violating any of the provisions of this
chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof,
shall be punishable by a fine not to exceed $1,000, imprisonment for not more
than one year, or both such fine and imprisonment. Each day such a violation
is committed or permitted to continue shall constitute a separate offense
and shall be punishable as such hereunder.
