[HISTORY: Adopted by the Town Board of the
Town of Stony Point 7-10-1970;
amended in its entirety 9-13-2011 by L.L. No. 4-2011. Subsequent amendments
noted where applicable.]
The purpose of this chapter is to protect the public health,
safety and welfare by regulating public assemblies within the Town
of Stony Point, New York.
As used in this chapter, the following terms shall have the
meanings indicated:
Any assemblage or gathering of people with or without the
levy of an admission fee; however, such "mass gathering" shall not
include any activity having less than 50 people in attendance, nor
shall the term apply to operations, activities or affairs of any duly
established municipal institution located in the Town of Stony Point.
An organized procession, except funeral processions, upon
any public street, sidewalk or alley.
Any march or procession consisting of people, animals or
vehicles, or combination thereof, except funeral processions, upon
any public street, sidewalk, or alley, which does not comply with
normal and usual traffic regulations or controls.
An assembly of persons upon any public street, sidewalk or
alley which impedes or tends to impede pedestrian or vehicular traffic.
It shall be unlawful for any person to conduct a parade, motorcade,
public assembly or mass gathering in or upon any public street, sidewalk
or alley in the Town or knowingly participate in any such parade,
motorcade, public assembly or mass gathering unless and until a permit
to conduct such parade, motorcade, public assembly or mass gathering
has been obtained.
No person shall knowingly join or participate in any parade,
motorcade, public assembly or mass gathering conducted under permit
in violation of any terms of said permit nor knowingly join or participate
in any permitted parade, motorcade, public assembly or mass gathering
without the consent and over the objection of the permittee nor in
any manner interfere with its progress or orderly conduct.
A.
Any person who desires to conduct a parade, motorcade, public assembly
or mass gathering shall apply to the Town Board for a permit at least
45 days in advance of the date of the proposed parade, motorcade,
public assembly or mass gathering. The Town Board may, in its discretion,
schedule a public hearing prior to issuing a permit where a majority
of the Board determine that any of the following criteria exist based
on the application and that a public hearing is warranted:
(1)
The proposed event may require use of significant Town resources;
and/or
(2)
The proposed event may result in substantial inconvenience to persons
residing in or traveling through the Town of Stony Point; and/or
(3)
The proposed event is a substantially large gathering expected to
involve more than 250 persons; and/or
(4)
Other unusual circumstances exist, as determined and identified by
the Town Board, that warrant a public hearing on the issuance of a
permit;
B.
Said application shall be submitted to the Town Clerk and to the
Town Board who may, in its discretion, issue a permit by a majority
vote. If the Town Board determines that a public hearing is warranted,
no permit shall be issued, if at all, until after the close of the
public hearing.
C.
The Town Board may, at its discretion, consider any application for
a permit to conduct a parade, motorcade, public assembly or mass gathering
which is filed less than 45 days prior to the date such parade, motorcade,
public assembly or mass gathering is to be conducted. If the Town
Board determines that a public hearing is warranted for an application,
the Town Board shall only consider an application filed with less
than 45 days' notice if the public hearing can be timely noticed
and held before the event.
D.
The application for a permit shall be made in writing on a form approved
by the Town Board. In order that adequate arrangements may be made
for the proper policing of the parade, motorcade, public assembly
or mass gathering, the application shall contain the following information:
(1)
The name of the applicant, the sponsoring organization, the parade,
motorcade, public assembly or mass gathering chairman and the address
and telephone number of each.
(2)
The purpose of the parade, motorcade, public assembly or mass gathering,
the date when it is proposed to be conducted, the location of the
assembly area, the location of the disbanding area, the route to be
traveled and the approximate time when the parade, motorcade, public
assembly or mass gathering will assemble, start and terminate.
(3)
A description of any individual floats, marching units, vehicles
and bands.
(4)
The number of persons expected to attend such event and the location
thereof.
(a)
The date or dates thereof.
(b)
The duration of the event.
(c)
The means of accommodating said persons as to:
[1]
Food.
[2]
Shelter (if overnight stay is requested).
[3]
Facilities for toilet and other personal sanitary needs for
men and women.
[4]
Emergency first aid.
[5]
Parking of cars, showing the means of ingress, egress and parking
areas.
[6]
Provision for public safety, guards or special police assisting
in the control of traffic and the supervision of those persons attending
the event.
(5)
Each applicant shall submit a statement specifying whether food or
beverage is intended to be prepared, sold and distributed. If food
or beverages are intended to be prepared, sold or distributed, each
applicant shall submit a statement specifying the manner of preparation
and distribution of such and the method of disposal of garbage, trash,
rubbish or any other refuse arising therefrom.
(6)
Each applicant for a permit shall submit proof of an adequate comprehensive
liability insurance policy, issued by a reputable insurance company,
insuring the Town of Stony Point, its officers and employees from
liability to persons or property with limits of not less than $1,000,000
and naming the Town of Stony Point, its officers and employees as
being coinsured persons or as additional insured parties. Such policies
shall not be cancelable by the insurer without ten (10) days'
prior written notice to the Town of Stony Point.
(7)
A separate permit is required for each such event.
(8)
Such other information as the Town Clerk may deem reasonably necessary.
E.
The Town Board may, upon a showing of good cause that certain conditions
or requirements as hereinbefore set forth are not applicable or would
cause an unreasonable burden upon the applicant, modify the foregoing
requirements after review of the circumstances presented by the applicant.
A.
Standards for issuance. The permit shall be issued for a parade,
motorcade, public assembly or mass gathering, conditioned upon the
applicant's written agreement to comply with the terms of such
permit, unless it is found that:
(1)
The time, route and size of the parade, motorcade, public assembly
or mass gathering will disrupt to an unreasonable extent the movement
of other vehicular and pedestrian traffic.
(2)
The parade, motorcade, public assembly or mass gathering is of a
size or nature that requires the diversion of so great a number of
police officers to properly police the line of movement and the areas
contiguous thereto that allowing the parade, motorcade, public assembly
or mass gathering would deny reasonable police protection to the Town.
(3)
Such parade, motorcade, public assembly or mass gathering will interfere
with another parade, motorcade, public assembly or mass gathering
for which a permit has been issued.
B.
Standards for denial. The permit shall be denied for a parade, motorcade,
public assembly or mass gathering permit, and the applicant notified
of such denial where:
C.
No mass gathering authorized pursuant to the provisions of this chapter
shall be held or conducted between the hours of 10:00 p.m. and 9:00
a.m.
A.
In each permit there may be specified:
(1)
The assembly area and time therefor.
(2)
The starting time.
(3)
The minimum and maximum speeds.
(4)
The route of the parade, motorcade, public assembly or mass gathering.
(5)
What portions of streets, sidewalks or alleys to be traversed may
be occupied by such parade, motorcade, public assembly or mass gathering.
(6)
The maximum number of platoons or units and the maximum and minimum
intervals of space to be maintained between the units of such parade,
motorcade, public assembly or mass gathering.
(7)
The maximum length of such parade, motorcade, public assembly or
mass gathering in miles or fractions thereof.
(8)
The disbanding area and disbanding time.
(9)
The number of persons required to monitor the parade, motorcade,
public assembly or mass gathering.
(10)
The number and type of vehicles, if any.
(11)
The material and maximum size of any sign, banner, placard or
carrying device therefor.
(12)
That the permittee advise all participants in the parade, motorcade,
public assembly or mass gathering, either orally or by written notice,
of the terms and conditions of the permit prior to the commencement
of such parade, motorcade, public assembly or mass gathering.
(13)
That the parade, motorcade, public assembly or mass gathering
continue to move at a fixed rate of speed and that any willful delay
or willful stopping of said parade, motorcade, public assembly or
mass gathering, except when reasonably required for the safe and orderly
conduct of the parade, motorcade, public assembly or mass gathering,
shall constitute a violation of the permit.
(14)
That the applicant may be required to post a letter of credit
or cash deposit suitable to the Town Board as to amount and surety
to ensure cleanup and restoration of the area at which such event
takes place within 48 hours after the close of the event.
(15)
That the individual or organization sponsoring or holding parade,
motorcade, public assembly or mass gathering shall be responsible
to the Town for damage caused to Town property by the participants
of the gathering. Likewise, the individual or organization sponsoring
or holding the parade, motorcade, public assembly or mass gathering
shall indemnify the Town and hold the Town harmless from any liability
to third persons or their private property as a result of property
damage or personal injury or death caused or attributable to the parade,
motorcade, public assembly or mass gathering.
(16)
That the individual or organization sponsoring or holding the
parade, motorcade, public assembly or mass gathering shall be responsible
to the Town for the additional costs and expenses incurred by the
Town for providing additional police protection and/or additional
cleaning or maintenance services for the mass gathering. If the applicant
is not the individual or organization sponsoring or holding the parade,
motorcade, public assembly or mass gathering, then the Town shall
have the right to make a claim against the applicant for reimbursement
of the cost and expenses noted above and for reimbursement of any
damages sustained to Town property caused by the participants in the
parade, motorcade, public assembly or mass gathering.
(17)
Such other requirements as are found by the Town Board to be
reasonably necessary for the protection of persons or property.
B.
All conditions of the permit shall be complied with so far as reasonably
practicable.
C.
The applicant for a permit shall be responsible for payment of the
costs of publication necessary for the public hearing.
Any permit for a parade, motorcade, public assembly or mass
gathering pursuant to this chapter may be summarily revoked by the
Town Board or Stony Point Police Department at any time, when, by
reason of disaster, public calamity, riot or other emergency, it is
determined that the safety of the public or property requires such
revocation.
A.
Any person who shall violate any of the provisions of this chapter
or of the terms of any permit issued hereunder shall be punishable,
upon conviction thereof, by a fine not to exceed $1,000 or imprisonment
for a term not to exceed 15 days, or both.
B.
In addition to the above-provided penalties, the Town of Stony Point
may maintain any action or proceeding in the name of the Town in any
court of competent jurisdiction, whether at law or in equity, to compel
compliance with or to enforce any violation of this chapter.
If any clause, sentence, paragraph, section or part of this
chapter shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly referred to
in said judgment.
This chapter shall take effect immediately upon being filed
in the Office of the Secretary of State.
