[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.]
As used in this chapter, the following terms
shall have the meanings indicated:
An organized procession containing 25 or more vehicles, 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.
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:
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.
UNMANNED AIRCRAFT
UNMANNED AIRCRAFT SYSTEM
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
