[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.]
As used in this chapter, the following terms
shall have the meanings indicated:
A gathering in a public area or park at which more that 25
persons are, or can reasonably be expected to be, in attendance.
An organized procession, except funeral processions, upon
any public street, sidewalk or alley.
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.
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:
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:
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.
