[HISTORY: Adopted by the Town Board of the Town of Carmel 8-10-2016 by L.L. No. 3-2016.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law was adopted as Ch. 44, but was
renumbered to maintain the organization of the Code.
This chapter shall be cited as "Parades, Events and Street Closings."
The Town Board, in order to promote proper government and ensure
the proper protection, order, conduct, safety, health, welfare and
well-being of persons and property within the Town of Carmel, Putnam
County, New York, finds that it is in the public interest to enact
this chapter. This chapter shall regulate parades, events and street
closings within the Town of Carmel, Putnam County, New York.
A.
Word usage. Words used in the present tense include the future; the
singular number includes the plural. "Shall" is mandatory, and "may"
is permissive.
B.
CHIEF OF POLICE
EVENT
PARADE
PARADE/EVENT PERMIT
PERSON
TOWN
TOWN BOARD
Definitions. For the purpose of this chapter, the terms used herein
are defined as follows:
The Chief of Police of the Town of Carmel.
Any formal event, assembly or gathering other than a parade
in or upon any street, park or other public place in the Town of Carmel.
Any parade, march, procession or demonstration of any kind
or any similar display in or upon any street, park or other public
place in the Town of Carmel.
A permit as required by this chapter.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Town of Carmel.
The duly constitutional legislative body of the Town of Carmel.
A.
No person shall engage in, participate in, aid, form or start any
parade or event unless a parade/event permit shall have been obtained
from the Chief of Police or his designee.
A.
A person seeking issuance of a parade or event permit shall file
an application with the Chief of Police or his designee on forms provided
by the Chief of Police or his designee.
B.
Contents. The application for a parade or event permit shall set
forth the following information:
(1)
The name, address and telephone number of the person or persons seeking
to conduct such parade or event.
(2)
If the parade or event is proposed to be conducted for, on behalf
of or by an organization, the name, address and telephone number of
the headquarters of the organization and of the authorized and responsible
heads of such organization.
(3)
The name, address and telephone number of the person who will be
the Parade or Event Chairman and who will be responsible for its conduct.
(4)
The date when the parade or event is to be conducted.
(5)
The route to be traveled, the starting point and the termination
point, if it is a parade, and the fixed location or locations if it
is an event without any procession.
(6)
The approximate number of persons, animals and vehicles which will
constitute such parade or event, including the type of animals and
the description of the participating vehicles.
(7)
The hours when such parade or event will start and terminate.
(8)
A statement as to whether a parade or event will occupy all or only
a portion of width of the streets proposed to be utilized or traversed.
(9)
The location, by streets or physical address, of any assembly or
staging areas for such parade or event, to include proposed parking
areas. Applicants must specify what traffic detour devices or barricades
may be necessary for event.
(10)
The time at which units or persons involved in the parade or
event will begin to assemble or stage at any such assembly or staging
area.
(11)
If the parade or event 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 Chief of Police or his designee a
communication, in writing, from the person proposing to hold the parade
or event authorizing the applicant to apply for the permit on his
or her behalf.
(12)
An agreement and affirmation that the persons or organization
applying for the permit will prepay the applicable costs and fees
for the event as determined by the parade/permit fee schedule. (See
§ 44-13.)
The Chief of Police or his designee shall issue a permit as
provided for hereunder when, from a consideration of the application
and from such other information as may otherwise be obtained, he finds
that:
A.
The conduct of the parade or event will not substantially interrupt
the safe and orderly movement of other traffic contiguous to its route
or location.
B.
The conduct of the parade or event will not require the diversion
of so great a number of police officers of the Town to properly police
the line of movement and the areas contiguous thereto as to prevent
normal police protection to the Town.
C.
The concentration of persons, animals and vehicles at assembly or
staging areas of the parade or event and the conduct thereof will
not unduly interfere with proper fire and police protection of or
ambulance services to areas contiguous to such assembly or staging
areas and the Town in general.
D.
The conduct of such parade or event will not interfere with the movement
of firefighting equipment en route to a fire or normal ambulance service.
E.
The parade or event is scheduled to move from its point of origin
to its point of termination expeditiously and without unreasonable
delays en route.
F.
The parade or event is not designed to be held purely for private
profit.
G.
The pre-paid fees for the proposed parade or event as set forth in
§ 44-13 has been received in full by the Town Clerk of the
Town of Carmel.
The Chief of Police or his designee shall act upon the permit
within 30 days of its receipt. If the Chief of Police or his designee
disapproves the application, notice thereof, including the reasons
for the denial, shall be promptly given to the applicant.
The Chief of Police or his designee, in denying an application
for a parade or event permit, shall be empowered to authorize the
conduct of the parade or event on a date, at a time, location or over
a route different from that named by the applicant, if so requested
by the applicant.
Any applicant denied a parade or event permit by the Chief of
Police or his designee may appeal, in writing, to the Town Board within
10 days of the denial. The time to so appeal may be extended, at the
discretion of the Town Board. The applicant, upon appeal, shall be
entitled to argue its case before the Town Board. The Town Board is
hereby empowered to affirm, modify or reverse the decision of the
Chief of Police or his designee. The Town Board may attach any conditions
to a permit, should it determine the permit should be granted.
Each parade/event permit shall state the following information.
A.
The starting time and estimated time of termination.
B.
The portions of the streets to be traversed and the areas or locations
to be occupied by the parade or event.
C.
The maximum length in the case of a parade in miles or fractions
thereof.
D.
Other Town services requested or required.
E.
Fire and/or EMS requested or required.
F.
Such other information as the Chief of Police or his designee shall
find necessary for the enforcement of this chapter.
A.
A permittee hereunder shall comply with all permit directions and
conditions and with all applicable laws.
B.
Possession of permit. The Parade or Event Chairman or other person
heading or leading such activity shall carry the parade or event permit
upon his or her person during the duration of the parade or event.
C.
No parade participant may throw candy or any other item to parade
spectators. Any entry with participants throwing items will be removed
from the parade by the applicant/director and/or the Police Department.
Walkers may hand items to spectators only, and there will be no exceptions
to this rule.
D.
No one shall be permitted to board or exit from a float once the
parade has commenced.
E.
Drivers of any and all vehicles in the parade areas must possess
a valid driver's license and be at least 18 years of age. Drivers
must remain seated in the driver's seat for the duration of the
parade, and no vehicles will be left unattended.
F.
All pets in the parade must be kept on leashes and held by someone
strong enough to manage them. Animals participating in the parade
must be kept under control. If you cannot control your animal or its
presence presents any safety issue, please leave the parade area with
your animal rather than risk a problem.
G.
Entries involving animals of any kind must provide their own cleanup,
or "pooper scooper," immediately following their entry.
H.
Participants on bicycles, scooters, skates, skateboards, etc., must
wear a helmet and proper safety equipment.
I.
Floats must have proper safety chains to connect the float to the
tow vehicle.
J.
Support vehicles for marching units will not be allowed in the parade.
K.
All vehicular entries shall proceed at a safe and appropriate speed,
shall maintain a safe distance from spectators and shall not weave
from side to side. They will obey all applicable New York State vehicle
and traffic laws during the parade or event.
L.
Parade units and floats that stop along the parade route due to mechanical
malfunctions must be removed from the parade route so as to not impede,
obstruct or delay parade participants.
M.
All participants, in consideration of participation in this event,
agree to indemnify, hold harmless and release the Town of Carmel,
its agents and employees from any and all liability from any injury
or damage which may arise out of or in any way be connected with participation
in the parade or event.
A.
Interference. No person shall unreasonably hamper, obstruct, impede
or interfere with any parade or event or with any person, vehicle
or animal participating or used in a parade or event during the course
of an event.
B.
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.
C.
Parking on parade route. The Chief of Police or his designee 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 a parade or event. The Chief of Police may post
signs to such effect and it shall be unlawful for any person to park
or leave unattended any vehicle in violation thereof.
The Town Board of the Town of Carmel shall annually establish
a fee schedule for parades and events to mitigate the increasing costs
associated with the public safety assets required to host these events.
The fee schedule shall be broken down into three categories (1, 2
and 3, respectively), each reflecting staffing hours associated with
hosting proposed events. The Town Board reserves the right to waive
or modify the fee schedule at its discretion, and may seek the input
and recommendations of the Chief of Police with respect to same.
