As used in this chapter, the following terms
shall have the meanings indicated:
MOTORCADE
An organized procession containing 25 or more vehicles, except
funeral processions, upon any public street, sidewalk or alley.
PARADE
Any march or procession consisting of people, animals or
vehicles, or combination thereof, except funeral processions, upon
any public street, sidewalk or alley, which does not comply with normal
and usual traffic regulations or controls.
PUBLIC GATHERING OR ASSEMBLAGE
The holding of any meeting of persons in such numbers which,
if not controlled or regulated, can reasonably be expected to interfere
with the use of public property by others. A public gathering or assemblage
of 50 or more persons shall constitute a presumption that such meeting
will or can be expected to interfere with the use of public property
by others.
It shall be unlawful for any person to conduct
a public gathering or assemblage, parade or motorcade in or upon any
public street, sidewalk, alley, park or other public place in the
Village or knowingly participate in any such public gathering or assemblage,
parade or motorcade unless and until a permit to conduct such public
gathering or assemblage, parade or motorcade has been obtained from
the licensing officer or as hereinafter provided from the Board of
Trustees.
No permit shall be issued authorizing the conduct
of a public gathering or assemblage, parade or motorcade which the
licensing officer 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. The licensing officer
may waive this prohibition where he or she deems such gathering to
be in the public interest.
No person shall knowingly join or participate
in any parade or motorcade conducted under permit from the licensing
officer in violation of any of the terms of the permit, nor knowingly
join or participate in any permitted parade or motorcade without the
consent and over the objection of the permittee, nor in any manner
interfere with its progress or orderly conduct.
Upon a denial by the licensing officer of an application made pursuant to §
162-5 of this chapter, the applicant may appeal from the determination of the licensing officer within five days thereafter to the Board of Trustees by filing a written notice of appeal for hearing by the Board of Trustees at its next meeting. Upon such appeal, the Board of Trustees may reverse, affirm, or modify in any regard the determination of the licensing officer.
Immediately upon the granting of a permit for
a public gathering or assemblage, parade or motorcade, the licensing
officer shall send a copy thereof to the following:
C. Director of Public Works.
Any permit for a public gathering or assemblage,
parade or motorcade issued pursuant to this chapter may be summarily
revoked by the licensing officer at any time when by reason of disaster,
public calamity, riot or other emergency the licensing officer determines
that the safety of the public or property 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.
[Added 7-13-2015 by L.L.
No. 2-2015]
A. It shall be unlawful for any person to operate an unmanned aircraft
or unmanned aircraft system upon or in the airspace within one mile
of an open-air event in the Village of Orchard Park wherein more than
200 individuals could gather for an organized event, including but
not limited to: parades, concerts, street dances, festivals, art shows,
sporting events and recreational events.
B. Definitions. As used in this section, the following terms shall have
the meanings indicated:
UNMANNED AIRCRAFT
(1)
A device that is intended to navigate in the air without an
onboard pilot; and
(2)
An aircraft that is operated without the possibility of human
intervention from within or on the aircraft. Unmanned aircraft are
also referred to as "drones."
UNMANNED AIRCRAFT SYSTEM
An unmanned aircraft and associated elements (including communications
links and the components that control the unmanned aircraft) that
are required for the pilot-in-command to operate safely and efficiently
in the national airspace system.
C. Exceptions — express written permission required. The use of
an unmanned aircraft or unmanned aircraft system is permitted pursuant
to written permission issued by the Village of Orchard Park. This
permission, when issued, will be subject to all applicable Federal
Aviation Administration (FAA) regulations and shall designate the
boundaries of the events as an operation of such unmanned aircraft
or unmanned aircraft system.
Any person who shall violate any provision of this chapter shall be punished as provided in Chapter
1, Article
III, of this Code.