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:
PARADE
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.
PERSON
Any person, firm, partnership, association, corporation, company
or organization of any kind.
SUPERVISOR
The Supervisor of the Town of Philipstown.
TOWN
The Town of Philipstown.
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:
A. The conduct of the parade will not substantially interrupt
the safe and orderly movement of other traffic on or contiguous to its route.
B. 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.
C. 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.
D. 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.
E. 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.
F. 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.
G. The parade is scheduled to move from its point of origin
to its point of termination expeditiously and without unreasonable delays
en route.
H. 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.
I. 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.
J. 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:
B. The New York State Police and Putnam County Sheriff's
Department.
C. The Fire Chief(s) of the area encompassing the parade
route.
D. The Ambulance Corps. serving the parade route.
Each parade permit shall state the following information:
D. Maximum interval of space to be maintained between the
units of the parade.
E. The portions of the streets to be traversed that may
be occupied by the parade.
F. The maximum length of the parade, in miles or fractions
thereof.
H. 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.
I. Such other information as the Supervisor shall find necessary
to the enforcement of this chapter.
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.