Village of Orchard Park, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Orchard Park 12-3-1979 by L.L. No. 19-1979 (Ch. 65, Art. VI, of the 1979 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Loitering — See Ch. 148.
Noise — See Ch. 154.
Streets and sidewalks — See Ch. 187.
Vehicles and traffic — See Ch. 200.
As used in this chapter, the following terms shall have the meanings indicated:
MOTORCADE
An organized procession containing 25 or more vehicles, except funeral processions, upon any public street, sidewalk or alley.
PARADE
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.
PUBLIC GATHERING OR ASSEMBLAGE
The holding of any meeting of persons in such numbers which, if not controlled or regulated, can reasonably be expected to interfere with the use of public property by others. A public gathering or assemblage of 50 or more persons shall constitute a presumption that such meeting will or can be expected to interfere with the use of public property by others.
It shall be unlawful for any person to conduct a public gathering or assemblage, parade or motorcade in or upon any public street, sidewalk, alley, park or other public place in the Village or knowingly participate in any such public gathering or assemblage, parade or motorcade unless and until a permit to conduct such public gathering or assemblage, parade or motorcade has been obtained from the licensing officer or as hereinafter provided from the Board of Trustees.
No permit shall be issued authorizing the conduct of a public gathering or assemblage, parade or motorcade which the licensing officer finds is proposed to be held for the sole purpose of advertising any product, goods, wares, merchandise, or event, and is designed to be held purely for private profit. The licensing officer may waive this prohibition where he or she deems such gathering to be in the public interest.
No person shall knowingly join or participate in any parade or motorcade conducted under permit from the licensing officer in violation of any of the terms of the permit, nor knowingly join or participate in any permitted parade or motorcade 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 wants to conduct a public gathering or assemblage, parade or motorcade shall apply to the licensing officer for a permit at least five days in advance of the date of the proposed public gathering or assemblage, parade or motorcade, if practicable. The licensing officer shall consider any application for a permit to conduct a public gathering or assemblage, parade or motorcade which is filed less than five days prior to the date such public gathering or assemblage, parade or motorcade is to be conducted.
B. 
The application for such permit shall be made in writing on a form approved by the licensing officer. In order that adequate arrangements may be made for the proper policing of the public gathering or assemblage, parade or motorcade, the application shall contain the following information:
(1) 
The name of the applicant, the sponsoring organization, the public gathering or assemblage, parade or motorcade chairman and the addresses and telephone numbers of each.
(2) 
The purpose of the public gathering or assemblage, parade or motorcade, the date when it is proposed to be conducted, the location of the assembly area, the approximate time when the affair will assemble, start and terminate, and in the case of a parade or motorcade, the location of the disbanding area and route to be traveled.
(3) 
A description of any sound-amplification equipment to be used or other noise-producing devices, including bands or orchestras, and, in the case of a parade or motorcade, a description of the individual floats, marching units and vehicles to be used.
(4) 
Such other information as the licensing officer may deem reasonably necessary.
A. 
Standards for issuance. The licensing officer shall issue a public gathering or assemblage, parade or motorcade permit conditioned upon the applicant's written agreement to comply with the terms of such permit unless the licensing officer finds that:
(1) 
The time and size of the public gathering or assemblage, parade or motorcade will disrupt to an unreasonable extent the use of public property by others or that in the case of a parade or motorcade the route will disrupt to an unreasonable extent the movement of other traffic.
(2) 
The public gathering or assemblage, parade or motorcade is of a size and nature that requires the diversion of so great a number of police officers of the Village to properly police same and the areas contiguous thereto that allowing the public gathering or assemblage, parade or motorcade would deny reasonable police protection to the Village.
(3) 
Such public gathering or assemblage, parade or motorcade will interfere with another public gathering or assemblage, parade or motorcade for which a permit has been issued.
B. 
Standards for denial. The licensing officer shall deny an application for a public gathering or assemblage, parade or motorcade permit and notify the applicant of such denial where:
(1) 
The licensing officer makes any finding contrary to the findings required to be made for the issuance of a permit.
(2) 
The information contained in the application is found to be false or nonexistent in any material detail.
(3) 
The applicant refuses to agree to abide by or comply with all conditions of the permit.
A. 
In each permit the licensing officer shall specify:
(1) 
The assembly area and time therefor;
(2) 
The starting time;
(3) 
The disbanding time or time that the affair is to terminate;
(4) 
The number of persons required to monitor the affair;
(5) 
That permittee advise all participants in the affair, either orally or by written notice, of the terms and conditions of the permit prior to the commencement of such affair;
(6) 
That the amplification of sound permitted to be emitted from sound trucks, bull horns, or other devices be fixed and not variable.
(7) 
Such other requirements as are found by the licensing officer to be reasonably necessary for the protection of persons or property.
B. 
And in the case of a parade or motorcade:
(1) 
The minimum and maximum speeds;
(2) 
The route of a parade or motorcade;
(3) 
What portions of streets to be traversed may be occupied by such parade or motorcade;
(4) 
The maximum number of platoons or units and the maximum and minimum intervals of space to be maintained between the units of such parade or motorcade;
(5) 
The maximum length of such parade or motorcade in miles or fractions thereof;
(6) 
The disbanding area and disbanding time;
(7) 
The number and type of vehicles, if any;
(8) 
The material and maximum size of any sign, banner, placard or carrying device therefor;
(9) 
The materials used in the construction of floats used in any parade shall be of fire retardant materials and shall be subject to such requirements concerning fire safety as may be determined by the Code Enforcement Official.
(10) 
That the parade or motorcade continue to move at a fixed rate of speed and that any wilful delay or wilful stopping of said parade or motorcade, except when reasonably required for the safety and orderly conduct of the parade or motorcade, shall constitute a violation of the permit.
C. 
All conditions of the permit shall be complied with so far as reasonably practicable.
Upon a denial by the licensing officer of an application made pursuant to § 162-5 of this chapter, the applicant may appeal from the determination of the licensing officer within five days thereafter to the Board of Trustees by filing a written notice of appeal for hearing by the Board of Trustees at its next meeting. Upon such appeal, the Board of Trustees may reverse, affirm, or modify in any regard the determination of the licensing officer.
Immediately upon the granting of a permit for a public gathering or assemblage, parade or motorcade, the licensing officer shall send a copy thereof to the following:
A. 
Chief of Police.
B. 
Fire Chief.
C. 
Director of Public Works.
Any permit for a public gathering or assemblage, parade or motorcade issued pursuant to this chapter may be summarily revoked by the licensing officer at any time when by reason of disaster, public calamity, riot or other emergency the licensing officer determines that the safety of the public or property requires such revocation. Notice of such action revoking a permit shall be delivered in writing to the permittee by personal service or by certified mail.
[Added 7-13-2015 by L.L. No. 2-2015[1]]
A. 
It shall be unlawful for any person to operate an unmanned aircraft or unmanned aircraft system upon or in the airspace within one mile of an open-air event in the Village of Orchard Park wherein more than 200 individuals could gather for an organized event, including but not limited to: parades, concerts, street dances, festivals, art shows, sporting events and recreational events.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
(1) 
A device that is intended to navigate in the air without an onboard pilot; and
(2) 
An aircraft that is operated without the possibility of human intervention from within or on the aircraft. Unmanned aircraft are also referred to as "drones."
UNMANNED AIRCRAFT SYSTEM
An unmanned aircraft and associated elements (including communications links and the components that control the unmanned aircraft) that are required for the pilot-in-command to operate safely and efficiently in the national airspace system.
C. 
Exceptions — express written permission required. The use of an unmanned aircraft or unmanned aircraft system is permitted pursuant to written permission issued by the Village of Orchard Park. This permission, when issued, will be subject to all applicable Federal Aviation Administration (FAA) regulations and shall designate the boundaries of the events as an operation of such unmanned aircraft or unmanned aircraft system.
[1]
Editor's Note: This local law also redesignated former § 162-11, Violations and penalties, as § 162-12.
Any person who shall violate any provision of this chapter shall be punished as provided in Chapter 1, Article III, of this Code.