The right to peacefully 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, Section 8 & 9. These constitutional privileges are not, however, unlimited as it pertains to maintaining public safety. The municipality may impose reasonable time, place and manner restrictions.
A. 
Demonstration. For the purpose of this chapter, a "demonstration" is a display, by 25 or more persons, in a public place that is intended to attract public attention.
B. 
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. Persons holding a permit for a parade, as that term is defined in Chapter 151 of the City Code, shall not be required to file a declaration under this chapter.
C. 
Any person, corporation, partnership or other entity filing a declaration under this chapter may also be required to comply with Chapter 216 of the Code of the City of Saratoga Springs, entitled "Temporary Structures."
D. 
Any person, corporation, partnership or other entity filing a declaration under this chapter must also comply with Chapter 148 of the Code of the City of Saratoga Springs, entitled "Noise."
E. 
Any person, corporation, partnership or other entity filing a declaration under this chapter must comply with Chapter 61 of the Code of the City of Saratoga Springs, entitled "Alcoholic Beverages."
F. 
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.
CITY
The City of Saratoga Springs, New York.
CITY CLERK
The City Clerk of the City of Saratoga Springs, New York.
PARADE
Any procession of any kind on a public street in the City of Saratoga Springs that is intended to attract public attention and that does not comply with normal traffic regulations and control.
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 or other visual images made of cloth, paper, plastic, cardboard or other material or any combination of such display.
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.
G. 
Nothing in this chapter shall be construed so as to limit any of the provisions of the New York State Building and Fire Codes.
A. 
The following items or activities are prohibited:
(1) 
Alcoholic beverages. Alcoholic beverages in any open container cannot be carried or possessed by participants of the demonstration.
(2) 
Banners. Banners, as defined, are prohibited.
(3) 
Explosives, fireworks or pyrotechnics. No person shall carry or possess any kind or mixture of explosives, fireworks or pyrotechnics.
(4) 
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.
(5) 
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 continue to allow free access to sidewalks and other public places as allowed by statute, law, code or ordinance.
(6) 
Flammable or combustible liquids or gases. Flammable or combustible liquids, compressed gases or gases cannot be carried or possessed.
(7) 
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 cannot be carried, possessed or worn.
(8) 
Handcuffs. Handcuffs or similar-type restraining devices cannot be carried, possessed or worn.
(9) 
Injury, physical. The conduct of the demonstration is not reasonably likely to cause physical injury to persons or property.
(10) 
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.
(11) 
Obscene material. No person shall display, carry or possess any obscene material as defined by § 235.20 of the New York State Penal Law.
(12) 
Noxious materials. No person shall use, carry or possess any noxious material of any kind or strength while participating in a demonstration.
(13) 
Obscene material. No person shall display, carry or possess any obscene material as defined by § 235.20 of the New York State Penal Law.
(14) 
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.
(15) 
Projectile launchers. Projectile launchers or other devices commonly used for the purpose of launching, hurling, or throwing any object, liquid, material or substance cannot be carried or possessed.
(16) 
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 any driveway to any building.
(17) 
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 hand held, 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.
(18) 
Sirens or air horns. No person shall use, carry or possess any hand-carried or vehicle-mounted siren or air horn.
(19) 
Splinter groups. No person or small group is permitted to break off the main group to stage smaller demonstrations or picketing unless a new and separate permit is first obtained.
(20) 
Strong acid or base chemicals in solid, liquid or gas. No persons shall use, carry or possess any acidic or basic chemical regardless of its physical state.
(21) 
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.
(22) 
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:
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. Firearm 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 cannot be amplified so as 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 City of Saratoga Springs.[1]
[1]
Editor's Note: See Ch. 148, Noise.
D. 
Electricity. Electrical connections are not publicly available from the City. 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 Commissioner of Accounts prior to said use.