[HISTORY: Adopted by the Board of Trustees of the Village of Massena 10-2-2007
by L.L. No. 2-2007. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
A gathering in a public area or park at which more than 25 person
are or can be reasonably expected to be in attendance.
An organized procession, except funeral procession, upon any public
street, sidewalk or alley.
Any march or procession consisting of people, animals or vehicles
or combination thereof, except funeral processions, upon any public street,
sidewalk or alley which does not comply with normal and usual traffic regulations
or controls.
An assembly of persons upon any public street, sidewalk or alley
which impedes or tends to impede pedestrian or vehicular traffic.
It shall be unlawful for any person to conduct a parade, motorcade,
public assembly or mass gathering in or upon any public property, public street,
sidewalk or alley in the Village or knowingly participate in any such parade,
motorcade, public assembly or mass gathering unless and until a permit to
conduct such parade, motorcade, public assembly or mass gathering has been
obtained.
No person shall knowingly join or participate in any parade, motorcade,
public assembly or mass gathering conducted under permit in violation of any
terms of said permit nor knowingly join or participate in any permitted parade,
motorcade, public assembly or mass gathering without the consent and over
the objection of the permittee nor in any manner interfere with its progress
or orderly conduct.
A.
Any person who desires to conduct a parade, motorcade,
public assembly or mass gathering shall apply for a permit at least 14 days
in advance of the date of the proposed parade, motorcade, public assembly
or mass gathering.
B.
Said application shall be made to the Mayor.
C.
The application for a permit shall be made in writing
on a form approved by the Board of Trustees. In order that adequate arrangements
may be made for the proper policing of the parade, motorcade, public assembly
or mass gathering, the application shall contain the following information:
(1)
The name of the applicant, the sponsoring organization,
the parade, motorcade, public assembly or mass gathering chairman and the
address and telephone number of each.
(2)
The purpose of the parade, motorcade, public assembly
or mass gathering, the date when it is proposed to be conducted, the location
of the assembly area, the location of the disbanding area, the route to be
traveled and the approximate time when the parade, motorcade, public assembly
or mass gathering will assemble, start and terminate.
(3)
A description of the individual floats, marching units,
vehicles and bands, including a description of any sound amplification to
be used.
(4)
Such other information as the Village Chief of Police
may deem reasonably necessary.
A.
Standards for issuance. The permit shall be issued for
a parade, motorcade, public assembly or mass gathering, conditioned upon the
applicant's written agreement to comply with the terms of such permit,
unless it is found that:
(1)
The time, route and size of the parade, motorcade, public
assembly or mass gathering will disrupt, to an unreasonable extent, the movement
of other vehicular and pedestrian traffic.
(2)
The parade, motorcade, public assembly or mass gathering
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 parade, motorcade, public assembly and mass gathering
would deny reasonable police protection to the Village.
(3)
Such parade, motorcade, public assembly or mass gathering
will interfere with another parade, motorcade, public assembly or mass gathering
for which a permit has been issued.
B.
Standards for denial. The permit shall be denied for
a parade, motorcade, public assembly or mass gathering and the applicant notified
of such denial where:
The contents of the permit shall be as follows:
A.
The parade or assembly area and time.
B.
The starting time.
C.
The minimum and maximum speeds (for motorcade only).
D.
The route of the parade, motorcade, public assembly or
mass gathering.
E.
What portions of the streets, sidewalks or alleys to
be traveled may be occupied by such parade, motorcade, public assembly or
mass gathering.
F.
The disbanding area and disbanding time.
G.
The number and type of vehicles, if any (motorcade only).
H.
That the Village advise all participants in the parade,
motorcade, public assembly or mass gathering, either orally or by written
notice, of the terms and conditions of the permit prior to the commencement
of such parade, motorcade, public assembly or mass gathering.
I.
That the parade, motorcade, public assembly or mass gathering
continue to move at a fixed rate of speed and that any willful delay or willful
stopping of said parade, motorcade, public assembly or mass gathering, except
when reasonably required for the safe and orderly conduct of the parade, motorcade,
public assembly or mass gathering, shall constitute a violation of the permit.
J.
That the amplification of sound to be emitted from sound
trucks or bullhorns be fixed and not variable.
K.
Such other requirements as are found to be reasonably
necessary for the protection of persons or property.
A.
Upon denial of an application made pursuant to this chapter,
the applicant may appeal from the determination of the panel within five days
thereafter to the Village Board of Trustees by filing a written notice of
appeal for hearing by the Village Board at its next meeting. Upon such appeal,
the Village Board may reverse, affirm or modify, in any regard, the previous
determination.
Immediately upon the granting of a permit for a parade, motorcade, public
assembly or mass gathering, the Village Clerk shall send a copy thereof to
the following:
All conditions of the permit shall be compiled with so far as reasonably
practicable.
Any permit for a parade, motorcade, public assembly or mass gathering
pursuant to this chapter may be summarily revoked by the Chief of Police or
the Mayor at any time when, by reason of disaster, public calamity, riot or
other emergency, it is determined that the safety of the public or property
requires such revocation. Notice of such action revoking a permit shall be
delivered in writing to the applicant by certified mail or by such other notice
as may be reasonably appropriate under the emergency circumstances.
Violation of this chapter shall be punishable by a fine not exceeding
$250 or by imprisonment not exceeding 15 days, or both.
