[HISTORY: Adopted by the Board of Trustees of the Village
of Great Neck as Ch. 56 of the 1976 Code; amended in its entirety 11-17-2009 by L.L. No.
11-2009. Subsequent amendments noted where applicable.]
No person shall assemble, demonstrate, or parade in any public
street or on any Village property, except as provided in this chapter.
For the purposes of this chapter, the following terms shall
have the meanings indicated:
A group of five or more persons gathering at a specific location
or locations for a period in excess of 15 minutes.
The individual who has been authorized by the applicant and
has agreed to be present at the event and to be responsible for the
good order and conduct of the event.
A public display of a feeling (as of approval, sympathy or
antagonism) by five or more persons.
An assembly, demonstration, or parade.
Any march or procession of any kind, or other similar activity
consisting of five or more persons, five or more animals, or five
or more vehicles, or any combination thereof, in or upon any public
street.
The Nassau County Police Department and/or any other police
department with authority to act within the Village.
Any street, sidewalk, crosswalk or alley open to the public
within the Village.
Any property owned by the Village, other than a public street,
that is not leased to another public entity.
It shall be unlawful for any person to take part in an event
on any public street or on any Village property, unless a valid permit
has been issued for said event by the Board of Trustees.
A.
An application for an event permit shall be made in writing to the
Board of Trustees and shall include the following:
(1)
The name, address, and telephone number of the applicant.
(2)
To the extent that the applicant has the following, they shall also
be provided: a facsimile number and an email address.
(3)
If the applicant is a person other than an individual, the name,
address, and telephone number of the individual signing the application
on behalf of the applicant.
(4)
The name, address, and telephone number of a responsible individual
who shall be the contact person and who shall be present at the entire
event, and the cellular telephone number of the cellular telephone
that that individual shall carry from one hour before until one hour
following the conclusion of the event.
(5)
The requested date and time for the event to commence and conclude.
(6)
The requested place of the event and, if applicable, the requested
starting point, route to be traveled, and the termination point of
the event.
(7)
The approximate number of persons, animals (and types thereof), and
vehicles on behalf of the applicant which will constitute or otherwise
be involved within the Village with the event.
(8)
Whether any amplified speech, music, or other sounds will be made
during the event. All such sounds must conform to the Village's
noise regulations.
(9)
If the event is a parade, the application shall state the approximate
interval of space between the units of the parade and the approximate
maximum distance from the front to the back of the parade.
(10)
The proposed location for the parking of vehicles.
(11)
The purpose of the event and such other information of which
the applicant is aware as may assist the Village in estimating the
number of observers and/or counter-demonstrators that may be expected
so that the Board of Trustees and the police may adequately prepare
for the event in order to protect the health, welfare, and safety
of the residents and others taking part in or in close proximity to
the event.
(12)
Any pertinent history of prior events by the applicant, to the
extent that such history may be helpful to the Board of Trustees and
the police in adequately preparing for the event in order to protect
the health, welfare, and safety of the residents and others taking
part in or in close proximity to the event.
(13)
The application shall be signed by or on behalf of the applicant
and by the contact person. Both of such signatures shall be acknowledged
by a notary public.
B.
Applications for an event permit shall be made at least 30 days prior
to the proposed date, unless the applicant can show good cause why
the applicant could not reasonably comply with said provision.
C.
Each event permit shall designate the location where the event may
be held, and, if applicable, the route through which the event may
move, and it shall also specify, to the extent applicable, the width
of the sidewalk and/or roadway to be used and include such conditions
as to the time, place, and manner of the demonstration as the Board
of Trustees and/or the police, in their respective reasonable discretion,
may deem appropriate to adequately protect the health, welfare, and
safety of the residents and others taking part in or in close proximity
to the event. Notwithstanding anything to the contrary herein or in
the event permit, the Mayor and/or the police are authorized to change
the locations and/or routes if, in the interest of public safety,
the Mayor and/or the police, in their respective reasonable discretion,
find it appropriate to do so.
D.
Unless such application is incomplete or there is a constitutional
basis for doing so, such permit shall be issued timely by the Board
of Trustees upon the applicant's compliance with the provisions
of this chapter.
E.
The Board of Trustees may, in its sole discretion, waive any of the
requirements set forth herein if it finds that such waiver will not
adversely impact the health, welfare, and safety of the residents
and others taking part in or in close proximity to the event or are
constitutionally required.
F.
In granting an event permit, the Board of Trustees may impose such
conditions as it believes reasonable to adequately protect the health,
welfare, and safety of the residents and others taking part in or
in close proximity to the event.
A.
Private events, defined as those by invitation only or otherwise
not open to all of the residents of the Village, and/or for which
a monetary charge or other consideration is required for attendance,
shall only be permitted in the sole discretion of the Board of Trustees
and provided the Village receives adequate consideration in the opinion
of the Board of Trustees.
B.
Events will not be permitted unless, with appropriate conditions,
it reasonably can be assured that the health, welfare, and safety
of the residents and others taking part in or in close proximity to
the event may be adequately protected.
C.
Events will not be permitted unless, with appropriate conditions,
it reasonably can be assured that the location of the event, will
not, by virtue of reasonable alternative routes, unduly interfere
with:
D.
No event will be permitted if it is to be conducted for unlawful
purposes.
A.
No person shall unreasonably hamper, obstruct, impede, or interfere
with any event that is being held in conformity with an event permit
issued pursuant to this chapter.
B.
No person shall interfere with an event by driving a motor vehicle
between the vehicles or persons composing an event when such vehicles
or persons are in motion and are conspicuously designated as an event,
when such event is being held in conformity with an event permit issued
pursuant to this chapter. The foregoing shall not apply to police,
fire, ambulance, and other emergency vehicles when being operated
in the course of their police or fire duties, or during emergency
situations.
C.
The Mayor and the police shall have the authority to prohibit or
restrict the stopping, standing, and/or parking of vehicles along
a public street or part thereof constituting a part of or in close
proximity to an event. The Board of Trustees or the Mayor may order
the posting of signs to such effect, and it shall be unlawful for
any person to stop, stand, or park any vehicle in violation thereof.
D.
The Mayor and the police are hereby severally authorized to direct
the towing of any vehicle parked in violation of this section and
to collect any and all fees associated with the towing of the vehicle
from the vehicle's registered owner.
A.
A permittee under this chapter shall strictly comply with all permit
directions and conditions and with all applicable statutes, codes,
ordinances and rules and regulations and lawful directions of the
Mayor and the police.
B.
The contact person shall have immediate access to the cellular telephone,
the telephone number of which was set forth in the application for
the event permit, from one hour before until one hour following the
conclusion of the event. The cellular telephone shall be turned on,
in good condition, and sufficiently charged, so that the Village may
have full contact with the contact person from one hour before until
the conclusion of the event.
A.
In addition to the Board of Trustees, the Mayor shall have the authority
to revoke an event permit if, at any time, facts are brought to the
attention of the Board of Trustees or the Mayor that show that an
event does not, or will not, comply with the standards for issuance
as set forth in this chapter.
B.
In the event of an unforeseen accident or other unforeseen occurrence
or condition, or a violation of the event permit or the standards
for the issuance of the event permit set forth in this chapter, the
Mayor and/or the police may postpone or cancel an event if the Mayor
and/or the police believe it is reasonable to do so in order to adequately
protect the health, welfare, and safety of the residents and others
taking part in or in close proximity to the event.
A.
If an event permit is denied or if conditions imposed in the event
permit are deemed by the applicant to be unreasonable or unlawful,
the applicant may appeal the denial or the conditions imposed to the
Board of Trustees.
B.
If an event permit is postponed, cancelled, or revoked, the applicant
may appeal the postponement, cancellation, or revocation to the Board
of Trustees.
C.
All appeals pursuant to this chapter shall be in writing and shall
set forth the determination from which the appeal is being taken and
the factual and/or legal bases upon which the applicant relies in
support of its appeal. Such appeals shall be filed with the Village
Clerk.
D.
The Board of Trustees shall give the applicant an opportunity to
be heard with regard to any such appeal no later than at its next
Board of Trustees meeting scheduled seven days after the filing of
such appeal, or 30 days, the sooner to occur.
E.
Any such appeal shall be decided by the Board of Trustees within
15 days after the close of the hearing and a copy of the decision
shall be sent to the applicant at the address shown on the application
or such other address provided to the Board of Trustees at the hearing.
