Village of Fishkill, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Fishkill 8-9-1999 by L.L. No. 6-1999. Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 26.
Public exhibitions and circuses — See Ch. 41, Art. I
Peace and good order — See Ch. 109.
Vehicles and traffic — See Ch. 159.
As used in this chapter, the following terms shall have the meanings indicated:
MASS GATHERINGS
A gathering in a public area or park at which more that 25 persons are, or can reasonably be expected to be, in attendance.
MOTORCADE
An organized procession, except funeral processions, upon any public street, sidewalk or alley.
PARADE
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.
PUBLIC ASSEMBLIES
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 10 days in advance of the date of the proposed parade, motorcade, public assembly or mass gathering.
B. 
Said application shall be made to the public assemblies panel (hereinafter referred to as the "panel") consisting of three members, namely, the Village Chief of Police and the two members of the Board of Trustees Police Committee. The permit shall be issued if a majority of the panel approves and signs the permit form. In the event that a majority of the panel shall not sign said permit, then it shall be considered denied and the applicant may appeal to the Village Board of Trustees who may, in its discretion, issue a permit by a majority vote of those voting.
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.
D. 
The application for a permit shall be accompanied by a nonrefundable permit fee in the amount of $200. A major large-group event fee with 2,500 attendees or more shall be $500.
[Added 4-20-2009 by L.L. No. 11-2009]
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 or 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 permit, and the applicant notified of such denial, where:
(1) 
There is a finding contrary to the findings required to be made for the issuance of a permit.
(2) 
The information contained in the application is found to be false or nonexistent in any material detail.
(3) 
The applicant refuses to agree to abide by or comply with all conditions of the permit.
In each permit there may be specified:
A. 
The assembly area and time therefor.
B. 
The starting time.
C. 
The minimum and maximum speeds.
D. 
The route of the parade, motorcade, public assembly or mass gathering.
E. 
What portions of streets, sidewalks or alleys to be traversed may be occupied by such parade, motorcade, public assembly or mass gathering.
F. 
The maximum number of platoons or units and the maximum and minimum intervals of space to be maintained between the units of such parade, motorcade, public assembly or mass gathering.
G. 
The maximum length of such parade, motorcade, public assembly or mass gathering in miles or fractions thereof.
H. 
The disbanding area and disbanding time.
I. 
The number of persons required to monitor the parade, motorcade, public assembly or mass gathering.
J. 
The number and type of vehicles, if any.
K. 
The material and maximum size of any sign, banner, placard or carrying device therefor.
L. 
That the permittee 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.
M. 
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.
N. 
That the amplification of sound permitted to be emitted from sound trucks or bullhorns be fixed and not variable.
O. 
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 of the panel.
B. 
In the event that an application is not filed within the required time, as specified in § 105-5, the applicant may request a waiver of such requirement by the Village Board to consider such matter, and the Village Board, if it finds unusual circumstances and in the exercise of its sound discretion, may waive such requirement.
Immediately upon the granting of a permit for a parade, motorcade, public assembly or mass gathering, the Chief of Police shall send a copy thereof to the following:
A. 
Mayor.
B. 
Fire Chief.
C. 
Village Board.
D. 
Superintendent of Public Works.
All conditions of the permit shall be complied 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 Board of Trustees 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 permittee 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.