[HISTORY: Adopted by the Board of Trustees of the Village
of Hammondsport 11-9-2010 by L.L. No. 4-2010.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 81.
[1]
Editor's Note: This chapter was originally adopted as
Ch. 77, but was renumbered for organizational purposes.
This chapter shall be known and may be cited as the "Parade
Law of the Village of Hammondsport."
As used in this chapter, the following terms shall have the
meanings indicated:
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 person designated to assist in traffic control.
A permit as required by this chapter.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
The Police Department of the Village of Hammondsport.
The Village of Hammondsport, New York.
The Board of Trustees of Hammondsport, New York.
The Clerk of the Village of Hammondsport, New York.
A.Â
No person shall engage in, participate in, aid, form or start any
parade unless a parade permit shall have been obtained from the Village
Board.
B.Â
Exceptions. This chapter shall not apply to:
(1)Â
Funeral processions.
(2)Â
Wedding processions.
(3)Â
Students going to and from school, 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 a parade organized by a school more than 24 hours prior
to its occurrence.
(4)Â
A government agency acting within the scope of its functions.
A person seeking issuance of a parade permit shall file an application
with the Village Board on forms provided by the Village Clerk.
A.Â
Filing period. An application for a parade permit shall be filed
with Village Board not less than five weeks before the date on which
it is proposed to conduct the parade.
B.Â
Contents. The application for a parade permit shall set forth the
following information:
(1)Â
The name, address and telephone number of the person seeking to conduct
such parade.
(2)Â
If the parade is proposed to be conducted for, on behalf of or by
an organization, the name, address and telephone number of the local
headquarters of the organization and of the authorized and responsible
head(s) of such organization.
(3)Â
The name, address and telephone number of the person who will be
the parade chairperson and who will be responsible for its conduct.
(4)Â
The date when the parade is to be conducted.
(5)Â
The route to be traveled, the starting point and the termination
point of the parade.
(6)Â
The approximate number of persons who and animals and vehicles which
will constitute such parade. The type of animals and description of
the vehicles shall also be specified.
(7)Â
The time such parade will start and terminate.
(8)Â
A statement as to whether the parade will occupy all or only a portion
of the width of streets proposed to be traversed.
(9)Â
The location by streets of any assembly areas for such parade.
(10)Â
The time at which units of the parade will begin to assemble at any
such assembly area or areas.
(11)Â
If the parade is designed to be held by, and on behalf of or for,
any person other than the applicant, the applicant for such permit
shall file with the Village Board a communication in writing from
the person proposing to hold the parade authorizing the applicant
to apply for the permit on his behalf.
(12)Â
Proof of insurance shall be submitted, naming the village of Hammondsport
as an additional insured in the amount of $1,000,000.
(13)Â
Any additional information which the Village Board shall find reasonably
necessary to reach a fair determination as to whether a permit should
be issued.
C.Â
Late applications. The Village Board, where good cause is shown therefor,
shall have the authority to consider any application hereunder which
is filed less than five weeks before the date such parade is proposed
to be conducted.
The Village Board shall issue a permit as provided for hereunder
when, from a consideration of application and from other information
as may otherwise be obtained, the Board finds that:
A.Â
The conduct of the parade will not substantially interrupt the safe
and orderly movement of other traffic contiguous to its route.
B.Â
The conduct of such 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 to the village.
C.Â
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.Â
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.Â
The conduct of such parade will not interfere with the movement of
fire-fighting equipment en route to a fire.
F.Â
The conduct of the parade is not reasonably likely to cause injury
to persons or property, to provoke disorderly conduct or create a
disturbance.
G.Â
The parade is scheduled to move from its point of origin to its point
of termination expeditiously and without unreasonable delays en route
to a fire.
H.Â
The parade is not designed to be held purely for private profit.
I.Â
Proof of insurance has been submitted.
The Village Board shall act upon the application for a parade
permit at its first meeting after the filing thereof. If the Village
Board disapproves the application, it shall mail to the applicant,
within two days after the decision, a notice of the action stating
the reasons for the denial of the permit.
The Village Board, 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 will, within seven
days after notice of the action of the Village Board, file a written
note of acceptance with the Village Clerk. 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 Village
Clerk shall send a copy thereof to the following:
The permit shall contain:
A.Â
An applicant hereunder shall comply with all permit directions and
conditions and with all applicable laws.
B.Â
Possession of permit. The parade chairperson or other person heading
or leading such activity shall carry the parade permit upon his person
during the conduct of the parade.
C.Â
Arrange for parade marshals to assist in traffic control.
A.Â
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 the parade.
B.Â
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
unless directed by a parade marshal.
C.Â
Parking on parade route. The Police Department 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 parade. The Police Department 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 a street not posted in violation of this chapter.
Any person as defined in this chapter violating any of the provisions
of this chapter shall be deemed guilty of a violation of Village Code
and, upon conviction thereof, shall be fined in an amount not exceeding
$500, or be imprisoned for a period not exceeding 15 days, or be both
so fined and imprisoned. Each day such a violation is committed or
permitted to continue shall constitute a separate offense and shall
be punishable as such hereunder.