[HISTORY: Adopted by the Town Board of the Town of Cortlandt 4-19-1983
as Res. No. 90-83; amended in its entirety at time of adoption of Code; see
Ch. 1, General Provisions, Art. I. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 197.
As used in this chapter, the following terms shall have the meanings
indicated:
The Chief of Police of the Town of Cortlandt.
Any parade, march, ceremony, show, exhibition, pageant, run, road
race, procession or demonstration of any kind or any similar display in or
upon any street, park or other public place in the town, conducted by more
than twenty-five (25) persons.
A permit as required by this chapter.
Any person, firm, partnership, association, corporation, company
or organization of any kind.
The Town of Cortlandt.
A.
No person shall engage in, participate in, aid, form
or start any parade unless a parade permit shall have been obtained from the
Town Clerk.
B.
Exceptions. This chapter 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. This exception
does not apply to parades organized by a school or anybody thereof more than
twenty-four (24) hours prior to its occurrence.
(4)
A governmental agency acting within the scope of its
functions.
A person seeking issuance of a parade permit shall file an application
with the Town Clerk on forms provided by the Town Clerk.
A.
Filing period. An application for a parade permit shall
be filed with the Town Clerk not less than thirty (30) days nor more than
one (1) year before the date on which it is proposed to conduct the parade.
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 the 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, on behalf of
or for any person other than the person making the application, 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.
(12)
Any additional information which the Chief of Police
shall find reasonably necessary to a fair determination as to whether a permit
should issue.
C.
Late applications. The Town Clerk, where good cause is
shown therefor, shall have the authority to consider any application hereunder
which is filed less than ten (10) days before the date such parade is proposed
to be conducted.
D.
The application is to include submitted proof of liability
insurance in an amount as set by resolution of the Town Board from time to
time. Said proof of insurance shall be in the form of a certificate of insurance
showing that the town is a named insured, as well as giving the town thirty
(30) days' written notice of any cancellation or change. Furthermore, the
sponsoring person or group shall execute a hold-harmless/indemnification agreement,
in a form satisfactory to the Town Attorney, indemnifying and holding harmless
the Town of Cortlandt, its agents and servants from any and all liability
stemming from the issuance of a permit hereunder or any actions, active or
passive, taken under the terms of any permit issued herein.
The Town Clerk, with the approval of the Town Police Chief and Highway
Superintendent, 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 same 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 to properly police the line of movement
and the areas contiguous thereto as to prevent normal police protection to
the town.
C.
The conduct of such parade will not require the diversion
of so great a number of ambulances as to prevent normal ambulance service
to portions of the town other than that to be occupied by the proposed line
of march and areas contiguous thereto.
D.
The concentration of persons, animals and vehicles at
assembly points of the parade will not unduly interfere with proper fire and
police protection of or ambulance services to areas contiguous to such assembly
areas.
E.
The conduct of such parade will not interfere with the
movement of fire-fighting equipment en route to a fire.
F.
The parade is scheduled to move from its point of origin
to its point of termination expeditiously and without unreasonable delays
en route.
G.
The parade is not designed to be held purely for private
profit, which is defined herein as an individual or organization with federal,
state or local tax-exemption status or a church or other religious affiliation.
The Town Clerk shall act upon the application for a parade permit within
ten (10) days after the filing thereof. If the Chief of Police disapproves
the application, the Clerk shall mail to the applicant, within ten (10) days
after the day upon which the application was filed, a notice of the action
stating the reasons for his denial of the permit.
Any person aggrieved shall have the right to appeal the denial of a parade permit to the Town Board. The appeal shall be taken within five (5) days after notice. The Town Board shall act upon the appeal within fourteen (14) days after its receipt; late applications rejected under § 208-5 may be appealed as soon as the Town Board convenes.
The Town Clerk or the Chief of Police or the Highway Superintendent,
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. An applicant desiring to accept an alternate
permit shall, within seven (7) days after notice of the action of the Town
Clerk, file a written note of acceptance with the Town Clerk. An alternate
parade permit shall conform to the requirements of and shall have the effect
of a parade permit under this chapter.
Immediately upon the issuance of a parade permit, the Town Clerk shall
send a copy thereof to the following:
Each parade permit shall state the following information:
A.
The starting time.
B.
The portions of the streets to be traversed that may
be occupied by the parade.
C.
The maximum length of the parade in miles or fractions
thereof.
D.
Such other information as the Chief of Police or Highway
Superintendent shall find necessary to the enforcement of this chapter.
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 chapter.
The Chief of Police shall have the authority to revoke a parade permit
issued hereunder upon a violation of the standards for issuance as herein
set forth.
Any person, firm or corporation violating any of the provisions of this
chapter shall be deemed guilty of a violation and, upon conviction thereof,
shall be punishable by a fine not to exceed two hundred fifty dollars ($250)
or up to fifteen (15) days in jail or by a civil penalty not to exceed one
thousand dollars ($1,000.). Each day such a violation is committed or permitted
to continue shall constitute a separate offense and shall be punishable as
such hereunder.
