This article shall be known as the "Parade and
Assembly Ordinance."
[Amended 9-18-1989]
For the purposes of this article, the following
terms shall include each of the meanings set forth:
CHIEF
The Chief of Police of the City of Albany.
COMMISSIONER
The Commissioner of Parks and Recreation of the City of Albany.
LARGE GROUP EVENT
A gathering in a public area or park at which more than 25
persons are or can reasonably be expected to be in attendance.
MAJOR LARGE GROUP EVENT
A neighborhood or community festival, field day, carnival,
concert, street parade, walkathon, rally, assembly, demonstration,
fireworks displays, amusement rides, dramatic presentation, similar
events impacting neighborhoods or traffic flow and all events at which
alcoholic beverages will be available for sale and/or consumption
or any combination thereof or other gathering at which more than 50
persons are or can reasonably be expected to be in attendance.
[Amended 8-6-2007 by Ord. No. 55.51.07]
MINOR LARGE GROUP EVENT
Openings, dedications, sidewalk parades, motorcades, block
parties or any combination thereof or a similar gathering at which
between 25 and 50 persons are or can reasonably be expected to be
in attendance.
PARK
A park, playground, recreational center, facility or any
other area in the City owned or used by the City and dedicated, devoted
or used for active or passive recreation.
PERMIT
Written authorization issued pursuant to this article permitting
the performance of a large group event.
PERSON
One or more persons, corporations, partnerships, associations,
joint-stock companies, societies or any other entity of any kind.
PUBLIC AREA
A public street, road, highway, land, place or open space
in the City of Albany.
SPONTANEOUS LARGE GROUP EVENT
A large group event occasioned by news or affairs coming
into public knowledge within three days of a large group event.
[Amended 8-6-2007 by Ord. No. 55.51.07]
No permit is required if the event is conducted under the auspices of a federal, state or local government department, agency, board, institution, commission or authority, except that the entity shall comply with the notification requirements of Subsection
E of §
251-19 of this chapter. No permit is required for regularly scheduled athletic or other events that have been otherwise approved by the Commissioner.
A spontaneous large group event shall be permitted
until a permit is issued or denied as long as all persons involved
abide by the rules generally applicable to all parks and public areas.
In the case of the spontaneous large group event, a permit must be
sought by a representative of the large group as soon as practicable
after it becomes apparent that such event will occur or has begun.
The Chief or Commissioner shall establish rules
and regulations necessary to carry out the purposes of this article.
The Chief or Commissioner or his designated
agent shall issue a permit when he finds that:
A. The proposed activity or use will not unreasonably
interfere with or detract from the general public enjoyment of the
park or public area.
B. The proposed activity and use will not unreasonably
interfere with or detract from the promotion of public health, welfare,
safety and recreation.
C. The proposed activity or use is not unreasonably anticipated
to incite violence, crime, disorderly conduct, noise or nuisance.
D. The proposed activity will not entail unusually extraordinary
or burdensome expense of police operation by the City.
E. The facilities desired or others in close proximity
have not been reserved for other use at the day and hour required
in the application.
F. In parks bounded by residential neighborhoods, the
proposed activity will not include outside electronic amplification
before the hour of 10:00 a.m. or after the hour of 6:00 p.m., or for
activities at the Washington Park Lakehouse after the hour of 11:00
p.m.
[Added 8-6-2007 by Ord. No. 55.51.07]
G. The proposed activity will not damage park grounds,
lawns or landscaping.
[Added 8-6-2007 by Ord. No. 55.51.07]
A permittee shall be bound by all applicable
rules, regulations, ordinances, local laws and statutes as though
they were inserted in each permit.
[Amended 9-18-1989; 10-17-1994 by Ord. No.
55.92.44; 11-25-2002 by Ord. No. 42.112.02; 8-6-2007 by Ord. No. 55.51.07]
A. A major large-group event fee shall be $55. A minor
large-group event fee shall be $27.50. A major large-group event fee
with 2,500 attendees or more shall be $275. The Chief or Commissioner
is authorized to waive the fee if, in his judgment, the fee would
impose an undue financial burden on the applicant.
B. A surcharge equal to 50% of the fee charged in Subsection
A of this section shall be added to fees charged for large-group events in Washington Park.
The person or persons to whom a permit is issued
shall be liable and shall indemnify the City for any loss, damage
or injury sustained by any person whatever by reason of the negligence
of the person or persons to whom the permit shall have been issued.
Where required in the discretion of the Chief or Commissioner, the
holder of a permit shall present to the City a certificate of insurance
in advance of the event which will provide indemnification in a form
acceptable to the City.
The Chief or Commissioner shall have the authority
to revoke a permit upon a finding of violation of any applicable rule,
ordinance, local law or statute or upon good cause shown.
[Amended 8-6-2007 by Ord. No. 55.51.07]
Upon the issuance of a permit, the Chief or
Commissioner shall deliver to the other appropriate agencies, the
Common Council member(s) representing the affected areas and the representative
of the neighborhood association, as such boundary description is on
file with the Department of Development and Planning, a copy of the
permit.
All security necessary beyond that which is
provided within the regular duties of the Albany Police Department
shall be the responsibility of the applicant.
Public property shall be cleaned, to the satisfaction
of the Chief or Commissioner of all litter and debris and restored
to the condition that existed prior to the large group event. To guarantee
adequate cleaning, the Chief or Commissioner may require the applicant
to deposit an amount of money with the City Treasurer which, in the
discretion of the Chief or Commissioner, will cover cleaning costs
for the event. Said deposit shall be refunded upon satisfactory cleaning
of the park or public area. This shall be determined by the Chief
or Commissioner. If the area is not adequately cleaned, the City shall
notify the applicant. If corrective action is not undertaken within
a reasonable time, the City shall clean the premises, and the applicant
shall forfeit the entire deposit and be further liable for the reasonable
costs of the cleanup.
[Added 8-6-2007 by Ord. No. 55.51.07]
Damage to park landscape is prohibited, including
driving on grass and lawns and parking under trees. Use of paint,
markers or tape on trees, grass or pavements is prohibited. In addition,
walkathons shall be limited to the park pavement and shall avoid any
unpaved paths, lawns or landscaped areas.
Any permit used shall be posted conspicuously
at the event, with starting and finishing times noted.
An offense against the provisions of this article shall constitute a violation and shall be punishable as set forth in Chapter
258, Penalties.
If any section, paragraph, subdivision, clause
or provision of this article shall be adjudged invalid, such adjudication
shall apply only to the section, paragraph, subdivision clause or
provision so adjudged, and the remainder of this article shall be
deemed valid and effective.