[HISTORY: Adopted by the Board of Trustees
of the Village of Coxsackie 12-12-1979 by L.L. No. 8-1979. Amendments noted where
applicable.]
Whenever used in this chapter, unless a different
meaning clearly appears from the context or unless a different meaning
is stated in a definition applicable to only a portion of this chapter,
the following terms shall have the meanings indicated:
An organized procession containing 10 or more vehicles, except
funeral processions, upon any public street or sidewalk.
Any march or procession consisting of 10 people, animals
or vehicles, or combination thereof, except funeral processions, upon
any public street or sidewalk, which does not comply with normal and
usual traffic regulations or controls.
Any individual, firm, copartnership, association or corporation
other than the Village and a public corporation.
The Village of Coxsackie.
A.
It shall be unlawful for any person to conduct a parade
or motorcade in or upon any public street or sidewalk in the Village
or to knowingly participate in any such parade or motorcade unless
and until a permit to conduct such parade or motorcade has been obtained
from the Mayor or, as hereinafter provided, from the Village Board.
B.
No permit shall be issued authorizing the conduct
of a parade or motorcade which the Mayor 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.
C.
No person shall knowingly join or participate in any
parade or motorcade conducted under permit from the Mayor in violation
of any of the terms of said permit or knowingly join or participate
in any permitted parade or motorcade without the consent and over
the objection of the permittee or in any manner interfere with its
progress or orderly conduct.
D.
No vehicle other than an authorized emergency vehicle
may be driven through any procession or parade except under direction
of a police officer.
Any person who wants to conduct a parade or
motorcade shall apply to the Mayor for a permit at least 30 days in
advance of the date of the proposed parade or motorcade. The Mayor
may, in his discretion, consider any application for a permit to conduct
a parade or motorcade which is filed less than 30 days prior to the
date such parade or motorcade is to be conducted. The application
for such permit shall be made in writing on a form approved by the
Mayor. In order that adequate arrangements may be made for the proper
policing of the parade or motorcade, the application shall contain
the following information:
A.
The name of the applicant, the sponsoring organization
and the parade or motorcade chairman and the addresses and telephone
numbers of each.
B.
The purpose of the parade or motorcade, 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 or motorcade will assemble, start
and terminate.
C.
A description of the individual floats, marching units,
vehicles and bands, including a description of any sound amplification
equipment to be used.
D.
Such other information as the Mayor may deem reasonably
necessary.
The Mayor shall issue a parade or motorcade
permit conditioned upon the applicant's written agreement to comply
with the terms of such permit unless the Mayor finds that:
A.
The time, route and size of the parade or motorcade
will disrupt to an unreasonable extent the movement of other traffic.
B.
The parade or motorcade is of a size or nature that
requires 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 that allowing the parade or motorcade would deny
reasonable police protection to the Village.
C.
Such parade or motorcade will interfere with another
parade or motorcade for which a permit has been issued.
D.
The Mayor makes any finding contrary to the findings
required to be made for the issuance of a permit.
E.
The information contained in the application is found
to be false or nonexistent in any material detail.
F.
The applicant refuses to agree to abide by or comply
with all conditions of the permit.
The Mayor, in issuing a permit for a parade
or motorcade, shall specify the following:
A.
The assembly area and time therefor.
B.
The starting time.
C.
The minimum and maximum speeds.
D.
The route of the parade or motorcade.
E.
What portions of streets to be traversed may be occupied
by such parade or motorcade.
F.
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.
G.
The maximum length of such parade or motorcade in
miles or fractions thereof.
H.
The disbanding area and disbanding time.
I.
The number of persons required to monitor the parade
or motorcade.
J.
The number and type of vehicles, if any.
K.
The material and maximum size of any sign, banner,
placard or carrying device therefor.
L.
That 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 Chief of the Village of Coxsackie Fire Department.
M.
That the permittee shall advise all participants in
the parade or motorcade, either orally or by written notice, of the
terms and conditions of the permit prior to the commencement of such
parade or motorcade.
N.
That the amplification of sound permitted to be emitted
from sound trucks or bullhorns shall be fixed and not variable.
O.
That the parade or motorcade shall continue to move
at a fixed rate of speed and that any willful delay or willful stopping
of said parade or motorcade, except when reasonably required for the
safe and orderly conduct of the parade or motorcade, shall constitute
a violation of the permit.
P.
Such other requirements as are found by the Mayor
to be reasonably necessary for the protection of persons or property.
Upon a denial by the Mayor of an application,
the applicant may appeal from the determination of the Mayor within
five days thereafter to the Village Board by filing a written notice
of appeal for hearing by the Village Board at its next regular meeting.
Upon such appeal, the Village Board may reverse, affirm or modify
in any regard the determination of the Mayor.
Simultaneously upon the granting of a permit
for a parade or motorcade, the Mayor shall notify the following officials
of the Village by forwarding a copy of the permit to them:
Any permit for a parade or motorcade issued
pursuant to this chapter may be summarily revoked by the Mayor at
any time when the Mayor, upon advice of the Chief of Police, determines
that the safety of the public 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.
Any person, firm or corporation who shall violate
any of the provisions of this chapter shall, upon conviction, be punishable
by a fine of not more than $250 or by imprisonment for not more than
15 days, or both.
