[HISTORY: Adopted by the Board of Trustees
of the Village of Yorkville 3-2-1993 by L.L. No. 1-1993. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
The Chief of Police of the Village of Yorkville.
Any parade, march, ceremony, show, exhibition, pageant or
procession 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.
The Village of Yorkville, New York.
A.
No person shall engage in, participate in, aid, form
or start any parade in or through the Village unless a parade permit
shall have been obtained from the Chief of Police.
B.
Exceptions. This chapter shall not apply to:
(1)
Funeral processions.
(2)
Wedding processions.
(3)
Students going to and from school or classes or participating
in educational activities, provided that such conduct is under the
immediate direction and supervision of the proper school authorities.
This exception does not apply to parades organized by a school or
anybody thereof more than 24 hours prior to its occurrence.
(4)
A governmental agency acting within the scope of its
functions.
A person seeking issuance of a parade permit
shall file an application with the Chief of Police on forms provided
by such officer.
A.
Filing period. An application for a parade permit
shall be filed with the Chief of Police not less than 30 days nor
more than 60 days 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
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 and animals
and vehicles which will constitute such parade, the type of animals
and a 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 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 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.
(12)
Any additional information which the Chief of Police
shall find reasonably necessary to a fair determination as to whether
a permit should issue.
C.
Late applications. The Chief of Police, where good
cause is shown therefor, shall have the authority to consider any
application hereunder which is filed less than 30 days before the
date such parade is proposed to be conducted.
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 otherwise be obtained, 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 Village to properly
police the line of movement and the areas contiguous thereto as to
prevent normal police protection of the Village.
C.
The conduct of such parade will not require the diversion
of so great a number of ambulances as to prevent normal ambulance
service to portions of the Village other than that to be occupied
by the proposed line of march and areas contiguous thereto.
D.
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 to areas contiguous
to such assembly areas.
E.
The conduct of such parade will not interfere with
the movement of firefighting equipment en route to a fire.
F.
The conduct of the parade is not reasonably likely
to cause injury to persons or property, to provoke disorderly conduct
or to create a disturbance.
G.
The parade is scheduled to move from its point of
origin to its point of termination expeditiously and without unreasonable
delays en route.
H.
The parade is not designed to be held purely for private
profit.
The Chief of Police shall act upon the application
for a parade permit within 10 days after the filing thereof. If the
Chief of Police disapproves the application, he shall mail to the
applicant, within 10 days after the day upon which the application
was filed, a notice of his action, stating the reasons for his denial
of the permit.
Any person aggrieved shall have the right to
appeal the denial of a parade permit to the Board of Trustees. The
appeal shall be taken within five days after notice. The Board shall
act upon the appeal within 14 days after its receipt.
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. An applicant desiring to accept an alternate
permit shall, within seven days after notice of the action of the
Chief of Police, file a written note of acceptance with the Chief
of Police. An alternate parade permit shall conform to the requirements
of and shall have the effect of a parade permit under this chapter.
Immediately upon the issuance of a parade permit,
the Chief of Police shall send a copy thereof to the following:
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 an unposted street in violation of this chapter.
The Chief of Police shall have the authority
to revoke a parade permit issued hereunder upon application of the
standards for issuance as herein set forth.