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.
BANNER
CITY
CITY CLERK
PARADE
PUBLIC PLACE
SIGNS
SPECIAL EVENT
The
following definitions shall apply to this chapter:
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.
The City of Saratoga Springs, New York.
The City Clerk of the City of Saratoga Springs, New York.
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.
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.
Any display of words, symbols or other visual images made
of cloth, paper, plastic, cardboard or other material or any combination
of such display.
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]
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.
