[HISTORY: Derived from Ch. 65, Arts. III and VII, of the 1978 Code of the Village of New Paltz. Amendments noted where applicable.]
Required. No person shall take part in any procession, assemblage or parade, or use a loudspeaker or sound amplifier on any of the streets, sidewalks, parks or public places in the Village of New Paltz without first having obtained a written permit therefor, except for funeral processions.
Application. The applicant shall furnish to the Village Clerk:
Referral to Board of Trustees. The Board of Trustees shall review the application and shall grant a permit unless it finds:
The proposed activity will unreasonably cause congested traffic conditions;
The proposed route or place of assembly is undergoing street or other repairs that will make such activity dangerous or impractical;
The proposed activity will cause overcrowding by issuance of a prior permit;
The proposed activity will unreasonably disturb or interfere with the functions of any school, institution of learning, church, court or medical facility;
The proposed activity will be held at a time when it is likely to unreasonably interfere with the peace and repose of persons residing within the area; activities between the hours of 9:00 p.m. and 8:00 a.m. shall be presumed to so interfere but may be rebutted by the applicant; or
The proposed activity will create a clear and present danger to the public health, safety or welfare.
If practicable, the application shall be submitted sufficiently in advance so that the Board of Trustees may consider such application at a regularly scheduled meeting thereof; provided, however, that where time is of the essence, the Mayor shall call a special meeting of the Board of Trustees as soon as practicable to consider such application.
The Board of Trustees, upon determining that the applicant is entitled to a permit under this chapter, shall direct the Village Clerk to issue same.
The Board of Trustees may require that the permit be issued subject to such restrictions or conditions as it may reasonably impose to insure compliance with this chapter and for the general protection of the health, safety and welfare of the persons and property in the Village.
Any permit for a procession, assemblage, parade or use of a loudspeaker or sound amplifier issued pursuant to this chapter may be summarily revoked by the Mayor or Chief of Police at any time when by reason of disaster, public calamity, riot or other emergency, the Mayor or Chief of Police determines that the safety of the public or property required such revocation. Notice of such action revoking a permit shall be delivered in writing to the permittee by personal service or by certified mail unless, because of the gravity of the situation, it is impractical or impossible. In the latter event the revocation may be made verbally to the participants in the procession, assemblage or parade by the Mayor, Chief of Police or their agent, representative, deputy or assistant.
Whenever such procession, assemblage or parade authorized by the Board of Trustees will block the movement of traffic on a state highway maintained by the state, or on a highway which connects to state highways maintained by the state to make a through route, for a period in excess of 10 minutes, the Board of Trustees shall require the Department of Public Works to, prior to such blocking, provide and designate with conspicuous signs a detour adequate to prevent any unreasonable delay in the movement of traffic on said highway maintained by the state.
[Amended 10-22-2014 by L.L. No. 13-2014]
Except as otherwise provided, any violation of any provision of this chapter shall constitute a violation pursuant to the Penal Law; provided, however, that the fine is imposed as set annually by resolution of the Board of Trustees.