[HISTORY: Adopted by the Town Board of the Town of Philipstown 4-6-1995 as L.L. No. 2-1995. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Parade Law of the Town of Philipstown."
As used in this chapter, the following terms shall have the meanings indicated:
- Any parade, march, ceremony, show, exhibition, pageant, demonstration or procession of any kind conducted or participated in by five or more persons in or upon any street, sidewalk, highway, public right-of-way, park or other public place in the town.
- PARADE PERMIT
- A permit as required by this chapter.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- The Supervisor of the Town of Philipstown.
- The Town of Philipstown.
No person shall engage in, participate in, aid, form or start any parade unless a permit shall have been obtained from the Supervisor.
Exceptions. This chapter shall not apply to:
Students going to and from school classes or participating in educational activities, provided that such conduct is under the immediate direction and supervision of the proper school authorities.
A governmental agency acting within the scope of its functions.
Any activity which may be deemed a parade, as defined herein, but which is conducted entirely inside of a building or structure.
A person seeking issuance of a parade permit shall file an application with the Town Clerk on forms provided by such officer.
Filing period. An application for a parade permit shall be filed with the Town Clerk not less than 20 calendar days prior to the date on which it is proposed to conduct the parade.
Contents. The application for a parade permit shall set forth the following information:
The name, address and telephone number of the person seeking to conduct such parade.
If the parade 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.
The name, address and telephone number of the person who will be the Parade Chair and who will be responsible for its conduct.
The date when the parade is to be conducted.
The route to be traveled, the starting point and the termination point.
The approximate number of persons who, and animals and vehicles which, will constitute such parade, the type of animals and a description of the vehicles.
The hours when such parade will start and terminate.
A statement as to whether the parade will occupy all or only a portion of the width of the streets proposed to be traversed.
The location by streets of any assembly areas for such parade.
The time at which units of the parade will begin to assemble at any such assembly area or areas.
The interval of space to be maintained between units of such parade.
If the parade 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 Town Clerk a communication, in writing, from the person proposing to hold the parade, authorizing the applicant to apply for the permit on his behalf.
The arrangements to be made for any sanitary facilities and for collection and disposal of any garbage, refuse or waste from the parade route or area at the conclusion of the parade.
Any additional information which the Supervisor shall find reasonably necessary to a fair determination as to whether a permit should issue.
Late applications. The Supervisor, where good cause is shown therefor, shall have the authority to consider any application hereunder which is filed less than 20 days before the date on which such parade is proposed to be conducted.
The application shall be accompanied by a fee of $25. The Town Board may amend such fee and establish a fee for late applications from time to time by resolution.
The Town Clerk shall refer the application to the Supervisor, who shall issue a permit as provided for hereunder when, from consideration of the application and from such other information as may otherwise be obtained, including any reports and/or recommendations from any law enforcement agencies having jurisdiction within the town, such as but not limited to the New York State Police or the Putnam County Sheriff's Department, he finds that:
The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic on or contiguous to its route.
The conduct of the parade will not require the diversion of so great a number of law enforcement officers to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection to the town.
The conduct of such parade will not require the diversion of ambulances so as to prevent normal ambulance service to portions of the town other than those to be occupied by the parade and areas contiguous thereto.
The concentration of persons, animals and vehicles at assembly points of the parade will not unduly interfere with proper fire and police protection of or ambulance service to areas contiguous to such assembly areas.
The conduct of such parade will not interfere with the movement of fire-fighting equipment en route to a fire or to such an extent that adequate fire protection cannot be provided to the town.
The conduct of the parade is not reasonably likely to cause or result in injury to persons or property, to provoke or result in disorderly conduct or create a disturbance.
The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route.
The parade is not to be held for the sole or primary purpose of advertising any product, goods or event and is not designed to be held purely or primarily for private profit.
Adequate provision has been made for any sanitary facilities and for collection and disposal of any garbage, refuse or waste from the parade route or area at the conclusion of the parade.
The issuance of such permit shall not result in more than one parade taking place within the town on any day. In the event of a conflict in requests for a specific date for a parade, the Supervisor shall issue a permit to the applicant who first applied to the Town Clerk as determined by the date and time of such application, except that an applicant who has not received a permit for a parade date within 30 days immediately prior to the proposed date of the parade shall take precedence over an applicant who has received such permit within that time.
If the Supervisor disapproves the application, he shall mail or have served upon the applicant, within 15 days after the date upon which the application was filed, a notice of his action stating the reasons for his denial of the permit.
The Supervisor, in denying an application for a parade permit, shall be empowered to authorize the conduct of the parade on a date, at a time or over a route different from that named by the applicant. An applicant desiring to accept an alternate permit shall, within five days after notice of the action of the Supervisor, file a written notice of acceptance with the Supervisor. An alternate parade permit shall conform to the requirements of, and shall have the effect of, a parade permit under this chapter.
Immediately upon the issuance of a parade permit, the Supervisor shall send or deliver a copy thereof to the following:
Each parade permit shall state the following information:
Maximum interval of space to be maintained between the units of the parade.
The portions of the streets to be traversed that may be occupied by the parade.
The maximum length of the parade, in miles or fractions thereof.
The provisions to be made for any sanitary facilities and for collection and disposal of any garbage, refuse or waste from the parade route or area at the conclusion of the parade.
Such other information as the Supervisor shall find necessary to the enforcement of this chapter.
Interference. No person shall unreasonably hamper, obstruct or impede or interfere with any parade or parade assembly or with any person, vehicle or animal participating or used in a parade.
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.
Parking on parade route. Any law enforcement agency having jurisdiction within the town shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a highway or part thereof constituting all or part of the route of a parade. Any such agency shall post signs to such effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof. No person shall be liable for parking on a street unposted in violation of this chapter.
The sponsoring person or organization shall be sole agency for determining which persons or organizations may participate in a parade for which a permit has been issued.
The Supervisor shall have the authority to revoke a parade permit issued hereunder upon a violation of the standards for issuance as herein set forth.
Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a violation and, upon conviction thereof, shall be fined in an amount not exceeding $250 or be imprisoned for a period not exceeding 15 days, or be both so fined and imprisoned. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.
In addition to the penalties set forth in § 125-13 above, any person, organization or entity who or which shall violate the provisions of this chapter shall be liable in a civil action to the Town of Philipstown for all damages and costs incurred by the town in providing police protection, cleanup services or other services resulting from the violation of this chapter. The town shall be entitled to proceed against any such person (as defined in this chapter) who organizes, arranges or participates in any parade which is in violation of this chapter.