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Town of Stillwater, NY
Saratoga County
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Table of Contents
Table of Contents
Code
New Laws (3) Index
[HISTORY: Adopted by the Town Board of the Town of Stillwater 11-19-2020 by L.L. No. 3-2020. Amendments noted where applicable.]
A. 
The purpose of this chapter is to add a new chapter to the Town Code in order to provide for the regulation of public demonstrations within the Town of Stillwater in order to protect the public health, welfare, safety, peace and tranquility of Town residents, attendees of such mass gatherings, and the general public.
B. 
The right to peaceably assemble and demonstrate is afforded to all persons and protected by the First Amendment of the United States Constitution and the New York State Constitution, Article I, Sections 8 and 9. These constitutional privileges are not, however, unlimited as it pertains to maintaining public safety. The Town may impose reasonable time, place, and mariner restrictions on demonstrations.
The following definitions shall apply to this chapter:
BANNER
Any sign, as defined herein, hung above a street, from a building, bridge structure or a vehicle or towed by a vehicle, including but not limited to an aircraft, watercraft or trailer.
DEMONSTRATION
For the purpose of this chapter, a gathering by five or more persons, in a public place, that is intended to attract public attention.
PUBLIC PLACE
Any place to which the public has unrestricted access, but "public place" shall not mean the interior floor space of any building or any space covered by part of a building's permanent roof.
SIGNS
Any display of words, symbols, flags, or other visual images made of cloth, paper, plastic, cardboard or other material or any combination of such display intended to be used for purposes of a demonstration.
SPECIAL EVENT
Any event, occasion or celebration open to the public and held in or upon any public right-of-way, public street, public park or other public place or conducted in such a manner as to significantly impede public access to any public right-of-way, public street, public park or other public place, or disrupt a public speaker or other public event.
TOWN
The Town of Stillwater, Saratoga County, New York.
TOWN CLERK
The Town Clerk of the Town of Stillwater, Saratoga County, New York.
A. 
No person, corporation, partnership or other entity shall hold or cause to be held any demonstration without first filing a declaration where required by this chapter at least seven days prior to the intended day of any such demonstration.
B. 
This chapter shall not apply to parades, sporting events, musical concerts, fairs, carnivals, or other similar public events.
C. 
Demonstrations pursuant to this chapter must comply with Chapter 141, Noise, of the Town Code and all other applicable Town Code provisions and New York State laws, including but not limited to, the New York Penal Code.
D. 
Nothing in this chapter shall be construed so as to limit any of the provisions of the New York State Building and Fire Codes, or Chapter 81, Construction Codes, Uniform, of the Town Code.
The following items and activities are prohibited from demonstrations.
A. 
Alcoholic beverages. Alcoholic beverages in any open container shall not be carried or possessed by participants of a demonstration.
B. 
Banners. The use of banners, as defined, during a demonstration is prohibited.
C. 
Explosives, fireworks or pyrotechnics. No person shall carry or possess any kind or mixture of explosives, fireworks or pyrotechnics.
D. 
Facial coverings. Facial coverings, regardless of the material of which they are made, are not permitted to cover the face from the chin area to the forehead. However, the use of masks or facial coverings, whether or not mandated pursuant to local, state or federal requirements, for purposes of preventing the spread of communicable illnesses, such as COVID-19, shall not be prohibited so long as any such mask or facial covering covers the mouth and nose areas of the face but does not otherwise obscure the face, eyes, or head.
E. 
Fencing material. Materials commonly used for fencing on property, or a safety zone including barricades and which could be used to obstruct governmental administration shall not be carried or possessed unless placed at a demonstration site by governmental agencies to control demonstration participants and to continue to allow free access to sidewalks and other public places as allowed by statute, law, code or ordinance.
F. 
Flammable or combustible liquids or gases. Flammable or combustible liquids, compressed gases or gases shall not be carried or possessed by demonstrators.
G. 
Gas masks. Gas masks or similar devices designed to filter air breathed and protect the respiratory tract and face against the irritating, noxious or poisonous gases shall not be carried, possessed, or worn by demonstrators.
H. 
Handcuffs. Handcuffs or similar-type restraining devices shall not be carried, possessed, or worn.
I. 
Injury, physical. The conduct of the demonstration shall not be reasonably likely to cause physical injury to persons or property.
J. 
Interference with emergency services. The demonstration will not unduly interfere with proper fire and police protection or emergency services to contiguous areas of such assembly areas.
K. 
Obscene material. No person shall display, carry, or possess any obscene material as defined by § 235.20 of the New York State Penal Law.
L. 
Noxious materials. No person shall use, carry, or possess any noxious material of any kind or strength while participating in a demonstration.
M. 
Plastic or metal pipe. It is unlawful to carry or possess any length of plastic pipe more than 1/4 inch thick. Any metal pipe, metal angle iron, box steel, flat steel or similar plastic material is not permitted.
N. 
Projectile launchers. Projectile launchers or other devices commonly used for the purpose of launching, hurling, or throwing any object, liquid, material, or substance shall not be carried or possessed by demonstrators.
O. 
Sidewalks (blocking). No person or group of persons shall block any lawful use of a public sidewalk or any ingress to or egress from any building by standing within 15 feet of said doorway or entrance or of any driveway to any building.
P. 
Signs. No sign or combination of signs shall render impassable any public way or any ingress to or egress from any public way, or render passage to, from or across a public way unreasonably difficult or hazardous. Posters, plaques or notices mounted on a support or handheld, constructed solely of cloth, paper, plastic or cardboard material no greater than 1/4 inch thick are permitted. Signs must be of such size and construction as to be safely carried and displayed.
Q. 
Sirens or air horns. No demonstrator/participant shall use, carry, or possess any hand-carried or vehicle-mounted siren or air horn.
R. 
Splinter groups. No demonstrator/participant or small group thereof is permitted to break off the main group to stage smaller demonstrations or picketing unless a new and separate permit is first obtained.
S. 
Strong acid or base chemicals in solid, liquid or gas. No demonstrator/participant shall use, carry, or possess any acidic or basic chemical regardless of its physical state.
T. 
Traffic (blocking). No person shall block or otherwise interfere with highway, road, or rail traffic to include ingress to or egress from a building or onto property.
U. 
Wood or wood products. No person shall carry or possess any length of lumber, wood or wood lath unless the wood object is blunted at both ends, is 1/4 inch or less in thickness and two inches or less in width or, if not generally rectangular in shape, does not exceed 3/4 inch at its thickest.
The following items or activities have restricted use during demonstrations.
A. 
Flyovers. Flyovers and aircraft trailing banners are not permitted unless requested for in the filing of the declaration in advance. A copy of the FAA authorization permit is required to be filed with the declaration.
B. 
Firearms. Firearms use or carry, real or replica, whether for ceremonial use as in a color guard or not, must be approved in advance by the Police Department.
C. 
Sound-producing or amplifying devices. The use of any sound-producing or amplifying devices is permitted if the sound shall not be amplified to be heard at a distance of more than 250 feet from the perimeter of the demonstration. The use of said equipment must also comply with restrictions and limitations contained in the Noise Ordinance of the Town Code.[1]
[1]
Editor's Note: See Ch. 141, Noise.
D. 
Electricity. Electrical connections are not publicly available from the Town. Electrical connections and electrical generators from private property are permitted, provided such connections shall have been inspected by a certified electrical inspector as to safety and compliance with the National Electrical Code. A copy of the inspection shall be filed with the Highway Superintendent prior to said use.
A. 
Application for a demonstration declaration shall be made to the Town Clerk on the forms provided by the Clerk. Completed applications will be forwarded to the Town Board for review and approval.
B. 
Weekly, monthly or yearly declarations for recurring public demonstrations may be issued by the Clerk. Such declaration shall include a schedule for each day of the demonstration, together with any other information the Clerk may deem necessary. All such declarations shall expire at the end of the calendar year in which they are granted.
C. 
For any event that will attract 5,000 or more persons, the applicant must obtain a permit from the New York State Department of Health and include it with the declaration. A safety plan, as required by the Department of State, must also be included with the application.
There shall be no fee charged for a demonstration declaration.
The Town Board shall have the authority, in situations where it is determined that the proposed demonstration is of such magnitude or character that it will generate an excessive or extraordinary amount of debris upon the public ways, to require an agreement from the applicant stating that the applicant shall be responsible for the costs of cleanup of the public ways after the demonstration. The Board may enter into any agreement with the applicant as may be necessary for this purpose.
If the Town Board finds that all applicable provisions of this chapter have been complied with or will be complied with by the applicant, a declaration shall be issued to hold a demonstration and shall be conditional upon such reasonable limitations and requirements as may be deemed necessary for the protection of the public health, safety and welfare.
The Town shall be empowered to alter the date and/or time of the demonstration should such an alteration be in the best interest of public health, safety, and welfare.
Immediately upon the application for a demonstration declaration, the Town Clerk shall send a copy of the declaration to the following:
A. 
Town Supervisor.
B. 
Town Board members.
C. 
Police Commissioner.
D. 
Arvin Hart Fire Chief.
E. 
Attorney for the Town.
Each demonstration declaration shall state the following information:
A. 
The starting and ending times.
B. 
Location of the demonstration, including the portions of the streets to be traversed.
C. 
The name of the responsible party and telephone number.
D. 
Such other information as the Town Clerk, Town Supervisor, Town Board, Police Commissioner, Fire Chief and/or Attorney for the Town shall find necessary to the enforcement of this chapter.
A. 
The holder of the declaration hereunder shall comply with all directions from public officials regarding the application, permit and/or declaration and will abide by conditions contained within the permit and with all applicable laws and ordinances.
B. 
Possession of declaration. The demonstration chairperson or the person heading or leading such activity shall be present and carry the demonstration declaration upon his/her person during the conduct of such demonstration.
Unless otherwise specifically provided in this chapter, any person who violates any provision of this chapter shall, upon conviction thereof, be subject to a fine not exceeding $250 or imprisonment for a term not exceeding 15 days, or both, for each violation. Each day that such violation continues shall constitute a separate offense.