As used in this chapter, the following terms
shall have the meanings indicated:
PARADE
Any gathering or procession consisting of people, animals
or vehicles, or any combination thereof, upon any public property,
roadway, street, sidewalk or alley that will affect the ordinary use
of such public property, roadway, street, sidewalk or alley.
Any person aggrieved by the approval or denial
of a parade permit pursuant to this chapter may appeal the determination
to the Board of Trustees. Such appeal shall be made in writing, within
ten (10) days after such determination. The Mayor shall have the right
to participate in, and vote with respect to, such appeal.
Each parade permit shall include, at a minimum,
the following information:
A. The date(s) and starting and concluding time(s);
B. The public property which may be used in conjunction
with the proposed parade;
C. Such other conditions as the issuing official may
determine are reasonable and necessary to preserve public order, to
protect public property, and to preserve the health, safety and general
welfare, including restrictions on the use of sound amplifying devices.
The Chief of Police shall have the authority,
when reasonably necessary, to prohibit or restrict the parking of
vehicles along a public street or roadway, or part thereof, constituting
all or part of the route of a parade. The Chief of Police may direct
that appropriate signs be posted to such effect, and it shall be unlawful
for any person to park or leave unattended any vehicle in violation
thereof of any such parking restriction.
Any permit issued pursuant to this chapter shall
be temporary and shall not vest any permanent rights in the permittee.
The Mayor may revoke a parade permit based upon emergency conditions,
or failure of the permittee to abide by the conditions of the permit.
Revocation of a parade permit may be appealed to the Board of Trustees
by the same process as provided for an appeal from the issuance or
denial of a permit.
[Added 5-14-2012 by L.L. No. 4-2012]
A. Definitions. As used in this section, the following terms shall have
the meanings indicated:
DEMONSTRATION
A preplanned gathering of five or more persons who are invited
or organized by an organizer to convene on public property and in
the vicinity of a funeral or memorial event for the purpose of a public
exhibition, including a procession, parade, protest, picket, march
or rally.
FUNERAL OR MEMORIAL EVENT
A wake, funeral, burial or memorial service conducted within
30 days after the death of the person who is the subject of such event.
ORGANIZER
One or more persons or entities that plan or coordinate a
demonstration for which a permit may be required pursuant to this
section.
B. No person shall organize or participate in a demonstration which
takes place in whole or in part within 1,000 feet of a funeral or
memorial event unless a permit has been issued by the Village Clerk
for such demonstration pursuant to this section. No person shall organize
or participate in a demonstration in violation of the conditions of
a permit issued pursuant to this section.
C. The permit application for any demonstration subject to this section
shall be filed with the Village Clerk not less than five business
days prior to the proposed demonstration date, unless the Mayor, for
good cause, waives such advance filing requirement. The Mayor may
delegate to the Village Clerk or any other designated Village officer
the authority to grant such waivers or to exercise any other authority
vested in the Mayor in this section.
D. Upon receipt of such application, the Mayor shall promptly review
such application, and if the application satisfies the requirements
of this section, as well as any other lawful requirements which the
Mayor may impose, then the Mayor shall issue such permit. The Mayor
may include in such permit such reasonable conditions as may be appropriate
to maintain peace and good order and to facilitate the purposes of
this section.
E. Such permit shall specify expressly and in detail the time and place
and any lawful restrictions or conditions that may be imposed regarding
such demonstration. If the permit application is denied, the Mayor
shall issue a written denial which specifies in detail the manner
in which the application is deficient or the grounds upon which the
application was denied, together with the procedure by which the permit
applicant may obtain timely reconsideration of such determination.
F. Any permit issued by the Mayor to this section may include reasonable
restrictions on the time, place and manner of the demonstration for
which the permit is issued.
G. If a fee for such applications is established by the Board of Trustees,
the Village Clerk shall not accept any application pursuant to this
section without payment of such fee. The Board of Trustees may establish,
and from time to time amend, a reasonable fee to compensate the Village
for administrative and processing costs.
H. Any person who has been determined to have organized or participated
in a demonstration for which a permit required pursuant to this section
has not been issued, or in violation of the conditions of a permit
duly issued pursuant to this section, shall be guilty of a violation,
and shall be subject to a civil penalty of up to $500 for the first
such violation determined to have been committed, up to $1,000 for
a second such violation determined to have been committed within three
years of the first such violation, and up to $2,000 for a third such
violation determined to have been committed within such three-year
period.