Village of Malverne, NY
Nassau County
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[HISTORY: Adopted by the Board of Trustees of the Village of Malverne 8-1-2001 by L.L. No. 6-2001 (Ch. 30A of the 1972 Code). Amendments noted where applicable.]
Alcoholic beverages — See Ch. 200.
Loitering — See Ch. 399.
Parks and recreation areas — See Ch. 434.
An assembly of persons on an outside public space, such as a street, sidewalk or parking lot, for the purpose of recreation, entertainment, celebration and/or solemn commemoration, which involves the partial or total obstruction or closing of the public space, or which involves 50 or more persons, requires special permission of the Board of Trustees. Request for such permission shall be by application to the Village Clerk, on a form supplied by the Village, submitted no later than 30 calendar days prior to the event, except that an application submitted less than 30 calendar days prior to an event may be considered by the Trustees, in their discretion, upon proof that the applicant could not have foreseen the necessity for the event prior to the date on or about which the application was submitted. Such events include, but are not limited to, processions, parades, fairs, parties, concerts and/or athletic activities. Such events do not include groups in vehicles being used solely for transportation, such as in connection with a funeral or a wedding, groups using vehicles in their usual manner, including bicycles and motorcycles, for the sole purpose of transportation through the Village; activities sponsored by the Village; authorized training exercises of Village employees; processions of individuals going from one inside place to another in short duration, such as in connection with a school commencement or a religious service. In granting or denying the special permission, the Trustees shall consider the recommendations of the Chief of Police, the Superintendent of Public Works and/or any other Village or governmental department or agency, as well as their own assessment of inconvenience to the public and/or economic burden to the Village which may likely occur as a result of the event.
The Board of Trustees reserves the right to regulate the time and place of activities for which special permission is requested pursuant to § 229-1 above, balancing the interests of the group requesting to use an outside public space to conduct its activity with the safety to persons and places in the Village and the expectation of the Village residents to the quiet enjoyment of their homes.
As a condition of granting permission to conduct an activity which requires special permission pursuant to § 229-1 above, the Trustees may:
Based upon a reasonable assessment of risk, require the applicant to provide evidence of a policy of insurance, in an amount to be determined by the Trustees, against harm to persons and/or property, and to name the Village as an additional insured on the policy;
Based upon a reasonable assessment of economic burden to the Village, require the applicant to agree to reimburse the Village for all or part of the cost of assigning additional Village employees to duties associated with the event; and/or
Require the applicant to agree to have published in a local newspaper the date, time, place and nature of the event.
Special permission to engage in an activity described in § 229-1 above will not be granted, or will be revoked, should the Trustees become aware that any part of the activity would violate federal, state and/or local law.
The provisions of this chapter shall be administered and enforced by a Village police officer, code enforcement officer, Building Inspector, Deputy Building Inspector and/or any such other person or agency as may be designed by authority of the Board of Trustees.
A violation of this chapter shall constitute an offense punishable as set forth in Chapter 1, Article II, General Penalty, of the Village Code. Each violation shall constitute a separately punishable offense and a continued violation of the same offense shall be counted as a separately punishable offense for each calendar day upon which the violation continues.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Whenever any provision of this chapter is in conflict with any other provision of this chapter or with any other statute or local law covering the same subject matter, the most restrictive provision shall apply.