[HISTORY: Derived from Ch. 65, Arts. III
and VII, of the 1978 Code of the Village of New Paltz. Amendments
noted where applicable.]
A.
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.
B.
Application. The applicant shall furnish to the Village
Clerk:
C.
Referral to Board of Trustees. The Board of Trustees
shall review the application and shall grant a permit unless it finds:
(1)
The proposed activity will unreasonably cause congested
traffic conditions;
(2)
The proposed route or place of assembly is undergoing
street or other repairs that will make such activity dangerous or
impractical;
(3)
The proposed activity will cause overcrowding by issuance
of a prior permit;
(4)
The proposed activity will unreasonably disturb or
interfere with the functions of any school, institution of learning,
church, court or medical facility;
(5)
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
(6)
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.
A.
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.
B.
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.
