[Adopted 3-6-1984 by L.L.
No. 2-1984; amended in its entirety 7-7-1987
by L.L. No. 18-1987]
As used in this article, the following terms shall have the meanings
indicated:
PARADE
Any parade, march, procession or demonstration of any kind or any
similar display, in or upon any street, park or other public place in the
Town of Yorktown.
PERSON
Any person, firm, partnership, association, corporation, company
or organization of any kind.
TOWN BOARD
The duly constituted legislative body of the Town of Yorktown.
The Chief of Police shall issue a permit as provided for hereunder when,
from a consideration of the application and from such other information as
may otherwise be obtained, he 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 town to properly police the
line of movement and the areas contiguous thereto as to prevent normal police
protection to the town.
C. The concentration of persons, animals and vehicles at
assembly points of the parade and the conduct thereof will not unduly interfere
with proper fire and police protection of or ambulance services to areas contiguous
to such assembly areas and the town in general.
D. The conduct of such parade will not interfere with the
movement of fire-fighting equipment in route to a fire or normal ambulance
service.
E. The parade is scheduled to move from its point of origin
to its point of termination expeditiously and without unreasonable delays
in route.
F. The parade is not designed to be held purely for private
profit.
The Chief of Police shall act upon the permit within 30 days of its
receipt. If the Chief of Police disapproves the application, notice thereof,
including the reasons for the denial shall be promptly given to the applicant.
The Chief of Police, 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, if so requested
by the applicant.
Any applicant denied a parade permit by the Chief of Police may appeal,
in writing, to the Town Board within 10 days of the denial. The time to so
appeal may be extended, in the discretion of the Town Board. The applicant,
upon appeal, shall be entitled to argue its case before the Town Board. The
Town Board is hereby empowered to affirm, modify or reverse the decision of
the Chief of Police. The Town Board may attach any conditions to a permit,
should it determine the permit should be granted.
Each parade permit shall state the following information:
B. The portions of the streets to be traversed that may
be occupied by the parade.
C. The maximum length of the parade in miles or fractions
thereof.
D. Such other information as the Chief of Police shall find
necessary to the enforcement of this article.
Any person committing an offense against any of the provisions of this
article shall be punished, upon conviction, by a fine not exceeding $250 or
by imprisonment not exceeding 15 days, or by both such fine and imprisonment.
The continuation of an offense against the provisions of this article shall
constitute, for each day the offense is continued, a separate and distinct
offense hereunder.
[Adopted 10-4-1995 by L.L.
No. 13-1995]
As used in this article, the following terms shall have the meanings
indicated:
PERMIT
A permit as required by this article.
PERSON
Any person, firm, partnership, association, corporation, company
or organization of any kind.
TOWN BOARD
The duly constituted legislative body of the Town of Yorktown.
[Amended 7-16-1996 by L.L.
No. 12-1996]
A. No road shall be closed for a temporary recreational
use unless a Town Clerk permit shall have been obtained from the Town Clerk.
B. Exceptions. This article shall not apply to a governmental
agency acting within the scope of its functions.
[Amended 7-16-1996 by L.L.
No. 12-1996]
A. A person seeking issuance of a permit shall file an application
with the Town Clerk and shall file duplicate copies with the Police Department,
Highway Department, Water Department and Town Engineer.
B. Contents. The application for a permit shall set forth
the following information:
(1) The name, address and telephone number of the person
or persons seeking to conduct such recreational use.
(2) If the recreational use 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 Chairman and who will be responsible for its conduct.
(4) The date when the use is to be conducted.
(5) The area of road affected.
(6) A list of properties affected, with a map showing all
properties that would have access limited by the permit.
[Amended 7-16-1996 by L.L.
No. 12-1996]
A. The Town Clerk and the Police Department shall investigate
all applications, once properly completed and signed by the applicant, and
shall evaluate the permit based upon the following:
(1) The conduct of the use will not substantially interrupt
the safety of the neighborhood.
(2) The conduct of the use will not require the diversion
of so great a number of police officers of the town so as to prevent normal
police protection to the town.
(3) The concentration of persons animals and vehicles and
the conduct of the use will not unduly interfere with proper fire and police
protection of or ambulance services to areas contiguous to such areas and
the town in general.
(4) The conduct of such use will not interfere with the movement
of fire-fighting equipment en route to a fire or normal ambulance service.
B. After completing the investigation pursuant to Subsection
A above, the Chief of Police, or his or her designated representatives, shall forward to the Town Clerk his or her recommendation as to either granting or denying the application. No permit shall be issued until the Chief of Police, or his or her designated representative, has indicated, in writing, his or her recommendation of the permit.
C. A certificate of insurance shall be required in an amount
determined by the Town Clerk.
Any person committing an offense against any of the provisions of this
article shall be punished, upon conviction, by a fine not exceeding $250 or
by imprisonment not exceeding 15 days, or by both such fine and imprisonment.
The continuation of an offense against the provisions of this article shall
constitute, for each day the offense is continued, a separate and distinct
offense hereunder.