[HISTORY: Adopted by the Board of Trustees
of the Village of Airmont 8-21-2017 by L.L. No. 3-2017.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also provided for the repeal
of former Ch. 136, Parades, adopted 3-29-1993 by L.L. No. 24-1993,
as amended.
This chapter shall be known as "The Parade Law of the Village
of Airmont."
It is the intent of this chapter that, prior to any person or
organization conducting a parade, assembly or demonstration, they
shall register with the Village Clerk in order that the Village of
Airmont may provide for proper traffic control, pedestrian safety
and police protection.
For the purposes of this chapter, the following definitions
shall apply:
A group of 20 or more persons gathering at a specific location
or locations for a period in excess of 30 minutes.
The individual who has been authorized by the applicant and
has agreed to be present at the event and to be responsible for the
good order and conduct of the event.
A public display of a feeling (as of approval, sympathy or
antagonism) by 20 or more persons.
An assembly, demonstration, or parade.
Any march or procession of any kind, or other similar activity
consisting of 20 or more persons, five or more animals, or five or
more vehicles, or any combination thereof, in or upon any public street
or any other Village property. Funeral processions and wedding processions
shall not be considered parades.
Any person, firm, partnership, association, corporation or
other organization of any kind.
The Ramapo Township Police Department and/or any other police
department with authority to act within the Village.
Any street, sidewalk, crosswalk or alley open to the public
within the Village.
Any property owned by the Village, other than a public street,
that is not leased to another public entity.
[Amended 9-21-2020 by L.L. No. 1-2020]
All persons, organizations, organizers and/or sponsors who plan
to conduct an event within the Village of Airmont shall register with
the Village Clerk at least 15 days prior to the date of the event,
unless the applicant can show good cause why the applicant could not
reasonably comply with said provision.
It shall be unlawful for any person to take part in an event
on any public street or on any Village property unless a valid permit
has been issued for said event by the Village Clerk.
A.
Application.
(1)
An application for an event permit shall be made in writing to the
Village Clerk and shall include the following:
(a)
The name, address, and telephone number of the applicant.
(b)
To the extent that the applicant has the following, they shall
also be provided: a facsimile number and an e-mail address.
(c)
If the applicant is a person other than an individual, the name,
address, and telephone number of the individual signing the application
on behalf of the applicant.
(d)
The name, address, and telephone number of a responsible individual
who shall be the contact person and who shall be present at the entire
event, and the cellular telephone number of the cellular telephone
that that individual shall carry from one hour before until one hour
following the conclusion of the event.
(e)
The requested date and time for the event to commence and conclude.
(f)
The requested place of the event and, if applicable, the requested
starting point, route to be traveled, and the termination point of
the event and, to the extent applicable, the width of the public street
to be used.
(g)
The approximate number of individuals, animals (and types thereof),
and vehicles on behalf of the applicant which will constitute or otherwise
be involved within the Village with the event.
(h)
Whether any amplified speech, music, or other sounds will be
made during the event. All such sounds must conform to the Village's
noise regulations.
(i)
If the event is a parade, the application shall state the approximate
interval of space between the units of the parade and the approximate
maximum distance from the front to the back of the parade.
(j)
The proposed location for the parking of vehicles.
(k)
The purpose of the event and such other information of which
the applicant is aware as may assist the Village in estimating the
number of observers and/or counter-demonstrators that may be expected
so that the Board of Trustees and the police may adequately prepare
for the event in order to protect the health, welfare, and safety
of the residents and others taking part in or in close proximity to
the event.
(l)
Any pertinent history of prior events by the applicant, to the
extent that such history may be helpful to the Board of Trustees and
the police in adequately preparing for the event in order to protect
the health, welfare, and safety of the residents and others taking
part in or in close proximity to the event.
(m)
Verification that the police have been notified of the event
and that the applicant for registration has complied with all the
requirements of the police.
(n)
Acknowledgment that the parade, motorcade or public assembly
continues to move at a fixed rate of speed and that any willful delay
or willful stopping of said parade, motorcade or public assembly,
except when reasonably required for the safe and orderly conduct of
the parade, motorcade or public assembly, shall constitute a violation
of the permit.
(o)
The Village Clerk shall utilize the Village’s “email
blast” to notify residents of the date, time and parade route
and shall also post same on the Village’s website.
[Amended 9-21-2020 by L.L. No. 1-2020]
(p)
Agreement to pay the costs actually incurred by the Village
of Airmont in connection with the event.
(q)
Agreement to make way should emergency vehicles require access
to any property along the event route.
(2)
The application shall be signed by or on behalf of the applicant
and by the contact person. Both of such signatures shall be acknowledged
by a notary public.
B.
Each event permit shall include such conditions as to the time, place,
and manner of the demonstration as the Board of Trustees and/or the
police, in their respective reasonable discretion, may deem appropriate
to adequately protect the health, welfare, and safety of the residents
and others taking part in or in close proximity to the event. Notwithstanding
anything to the contrary herein or in the event permit, the Mayor
and/or the police are authorized to change the locations and/or routes
if, in the interest of public safety, the Mayor and/or the police,
in their respective reasonable discretion, find it appropriate to
do so.
C.
Unless such application is incomplete or there is a constitutional
basis for doing so, such permit shall be issued timely by the Village
Clerk upon the applicant's compliance with the provisions of this
chapter.
D.
Notice of the event date, time, route, and any temporary public street
closures shall be provided to all property owners along the event
route. Notice shall be provided in a cost-effective manner designed
to reach each affected property owner.
A.
No person shall unreasonably hamper, obstruct, supersede or interfere
with any event or with any person, vehicle or animal participating
in an event.
B.
No person shall interfere with an event by driving a motor vehicle
between the vehicles or persons composing an event when such vehicles
or persons are in motion and are conspicuously designated as an event,
when such event is being held in conformity with an event permit issued
pursuant to this chapter. The foregoing shall not apply to police,
fire, ambulance, and other emergency vehicles when being operated
in the course of their police or fire duties, or during emergency
situations.
C.
The Mayor and the police shall have the authority to prohibit or
restrict the stopping, standing, and/or parking of vehicles along
a public street or part thereof constituting a part of or in close
proximity to an event. The Mayor may order the posting of signs to
such effect, and it shall be unlawful for any person to stop, stand,
or park any vehicle in violation thereof.
D.
The Mayor and the police are hereby severally authorized to direct
the towing of any vehicle parked in violation of this section and
to collect any and all fees associated with the towing of the vehicle
from the vehicle's registered owner.
A.
A permittee under this chapter shall strictly comply with all permit
directions and conditions and with all applicable statutes, codes,
ordinances and rules and regulations and lawful directions of the
Mayor and the police.
B.
The contact person shall have immediate access to the cellular telephone,
the telephone number of which was set forth in the application for
the event permit, from one hour before until one hour following the
conclusion of the event. The cellular telephone shall be turned on,
in good condition, and sufficiently charged, so that the Village may
have full contact with the contact person from one hour before until
one hour following the conclusion of the event.
Any application for a permit for an event may be summarily denied
by the Village Clerk if:
A.
The event for which a permit is sought would conflict with another
event for which a permit is to be or has been issued and for which
application was made previous to the application to be rejected.
B.
The event would conflict with an event to which this chapter does
not apply.
C.
The event is to be held for the purpose of advertising any commercial
product, goods or event or is designated purely for private profit.
E.
If the Police shall deem that the event is of a size or nature that
requires the diversion of so great a number of police officers to
properly police the line of movement and the areas contiguous thereto
that allowing the event would deny reasonable police protection to
the Village.
The Police, and/or the Building Inspector or Code Enforcement
Officer for the Village of Airmont, shall have the power, right and
authority to issue an appearance ticket, as the same is defined in
Article 150 of the Criminal Procedure Law of the State of New York,
for the violation of any section of this chapter.
A.
Any person violating any section or provision of this chapter shall
be liable to a fine a not more than $250 for each day or part thereof
during which such violation occurs.
B.
In addition to the above provided penalties and punishment, the Village
Board may also maintain an action in the name of the Village of Airmont
in any court of competent jurisdiction to compel compliance with or
to restrain by injunction the violation of this chapter.
C.
The remedies contained within this chapter shall not be exclusive
but shall be in addition to any other remedy provided by law, so long
as not inconsistent herewith, nor shall the invoking of any remedy
or procedure contained within this chapter preclude the pursuit of
any and all other remedies, and the same are intended to be cumulative.
