[HISTORY: Adopted by the Town Board of the Town of Yorktown as indicated
in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 250.
[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:
The Chief of Police of the Town of Yorktown.
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.
A permit as required by this article.
Any person, firm, partnership, association, corporation, company
or organization of any kind.
Town of Yorktown.
The duly constituted legislative body of the Town of Yorktown.
A.
No person shall engage in, participate in, aid, form
or start any parade unless a parade permit shall have been obtained from the
Chief of Police.
B.
Exceptions. This article shall not apply to:
(1)
Funeral processions;
(2)
Wedding processions;
(3)
Students going to and from school, classes or participating
in educational activities, provided that such conduct is under the immediate
direction and supervision of the proper school authorities;
(4)
A governmental agency acting within the scope of its
functions; and
(5)
Regularly scheduled activities of organized youth groups
(e.g., Cub Scouts, Little League, etc.).
A.
A person seeking issuance of a parade permit shall file
an application with the Chief of Police on forms provided by the Chief of
Police.
B.
Contents. The application for a parade permit shall set
forth the following information:
(1)
The name, address and telephone number of the person
or persons 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 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)
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 Chief of Police a communication, in writing, from the
person proposing to hold the parade authorizing the applicant to apply for
the permit on his behalf.
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:
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 a 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 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:
The Chief of Police of the Town of Yorktown.
A permit as required by this article.
Any person, firm, partnership, association, corporation, company
or organization of any kind.
Town of Yorktown.
The duly constituted legislative body of the Town of Yorktown.
[Amended 7-16-1996 by L.L.
No. 12-1996]
[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.
A.
Each use permit shall state the following information:
B.
No permit shall permit a street closing after 11:00 p.m.
C.
A permit may be revoked by the Chief of Police or his
designee or by the Highway Superintendent or his designee.
D.
If alcoholic beverages are to be consumed during the
event, the permit should so indicate.
E.
The Town Clerk shall forward a copy of the permit to
the Police Department, Highway Department, all emergency service departments
and organizations and other affected town departments.
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.
