[HISTORY Adopted by the Common Council of
the City of Peekskill 6-14-1971 (Ch. 220 of the 1984 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Parades in parks — See Ch. 416.
This chapter shall be known and may be cited
as the "Parade Ordinance of the City of Peekskill."
As used in this chapter, the following terms
shall have the meanings indicated:
The Chief of Police of the City of Peekskill.
The City of Peekskill.
The Common Council of the City of Peekskill.
Any parade, march, ceremony or procession of any kind conducted
or participated in by five or more persons in or upon any street,
sidewalk, highway, or public right-of-way in the City.
[Amended 10-22-1990]
A permit as required by this chapter.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
A.
A person seeking issuance of a parade permit shall
file an application with the City Clerk on forms provided by such
officer.
B.
Filing period. An application for a parade permit
shall be filed with the City Clerk not less than seven calendar days
prior to the next public meeting of the City Council which precedes
the proposed date of the parade nor more than 90 days before the date
on which it is proposed to conduct such parade.
[Amended 10-22-1990]
C.
Contents. The application for a parade permit shall
set forth the following information:
(1)
The name, address and telephone number of the person
seeking to conduct such parade.
(2)
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.
(3)
The name, address and telephone number of the person
who will be the parade chairman and who will be responsible for its
conduct.
(4)
The date when the parade is to be conducted.
(5)
The route to be traveled, the starting point and the
termination point.
(6)
The approximate number of persons who, and animals
and vehicles which, will constitute such parade, the type of animals
and description of the vehicles.
(7)
The hours when such parade will start and terminate.
(8)
A statement as to whether the parade will occupy all
or only a portion of the width of the streets proposed to be traversed.
(9)
The location by streets of any assembly areas for
such parade.
(10)
The time at which units of the parade will begin to
assemble at any such assembly area or areas.
(11)
The interval of space to be maintained between units
of such parade.
(12)
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 City Clerk a communication in writing from
the person proposing to hold the parade, authorizing the applicant
to apply for the permit on his behalf.
(13)
Any additional information which the City Clerk shall
find reasonably necessary to a fair determination as to whether a
permit should issue.
The City Clerk shall refer the application to
the Common Council, which shall issue a permit as provided for hereunder,
after a report and recommendation from the Chief of Police, when,
from a consideration of the application and from such other information
as may otherwise be obtained, it finds that:
A.
The conduct of the parade will not substantially interrupt
the safe and orderly movement of other traffic contiguous to its route.
B.
The conduct of the parade will not require the diversion
of so great a number of police officers of the City to properly police
the line of movement and the areas contiguous thereto as to prevent
normal police protection to the City.
C.
The conduct of such parade will not require the diversion
of ambulances so as to prevent normal ambulance service to portions
of the City other than those to be occupied by the proposed line of
march 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.
F.
The conduct of the parade is not reasonably likely
to cause injury to persons or property, to provoke 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 purpose
of advertising any product, goods or event and is not designed to
be held purely for private profit.
I.
The issuance of such permit shall not result in more
than one parade taking place within the City on any day. In the event
of a conflict in requests for a specific date for a parade, the City
Council shall issue a permit to the applicant who first applied to
the City 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.
[Added 10-22-1990]
Immediately upon the issuance of a parade permit,
the City Clerk shall send a copy thereof to the following:
Each parade permit shall state the following
information:
A.
Starting time.
B.
Minimum speed.
C.
Maximum speed.
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.
G.
Such other information as the Chief of Police shall
find necessary to the enforcement of this chapter.
A.
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.
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 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 the route of a parade. The Chief of Police 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.
D.
The sponsoring organization shall be sole agency for
determining which persons or organizations may participate in a parade
for which a permit has been issued.
The Chief of Police 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 misdemeanor
and, upon conviction thereof, shall be fined in an amount not exceeding
$250 or be imprisoned in the county jail for a period not exceeding
30 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.
[Added 10-22-1990]
In addition to the penalties set forth pursuant to § 412-11 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 City of Peekskill for all damages and costs incurred by the City in providing police protection, cleanup services or other services resulting from the violation of this chapter. The City 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.
