[HISTORY: Adopted by the Common Council of the City of Ithaca as
Art. IV of Ch. 65 of the 1975 Municipal Code. Amendments noted where applicable.]
[Amended 10-2-1985 by Ord. No. 85-13; 5-4-2005
by Ord. No. 2005-07]
As used in this chapter, the following terms shall have the meanings indicated. These definitions shall apply to any public street, sidewalk, or alley, except the Ithaca Commons and designated parks. See Chapter 157, entitled "Commons," for provisions regarding the use of the Commons, or Chapter 336, entitled "Parks and Recreation," for provisions regarding the use of parks.
- MOTORCADE
- An organized procession containing 15 or more vehicles, except funeral processions.
- PARADE
- Any march or procession consisting of people, animals or vehicles, or a combination thereof, except funeral processions, which does not comply with normal and usual traffic regulations or controls.
- PUBLIC GATHERING OR ASSEMBLAGE
- The holding of any meeting of persons at any location within the City, in such numbers which, if not controlled or regulated, can reasonably be expected to interfere with the use of public property by others. A public gathering or assemblage of 50 or more persons shall constitute a presumption that such meeting will or can be expected to interfere with the use of public property by others.
[Amended 5-4-2005 by Ord. No. 2005-07]
A.
It shall be unlawful for any person to conduct a public
gathering or assemblage, or parade or motorcade in or upon any public street,
sidewalk, alley, or other public place in the city or to knowingly participate
in any such public gathering or assemblage, parade or motorcade unless and
until a permit to conduct such public gathering or assemblage, parade or motorcade
has been obtained from the Chief of Police or his/her designee, who is hereby
designated the permit officer.
B.
Failure or refusal to comply with any of the provisions
of this chapter is a violation, provided that:
(1)
No person shall be convicted under this chapter of assembling,
parading or participating in a motorcade without a permit except upon proof
that an announcement was made in his/her presence by a person appearing to
be authorized by the City of Ithaca, affording a reasonable opportunity to
disperse said assembly, parade or motorcade.
(2)
No person shall be convicted under this chapter of assembling,
parading or participating in a motorcade in violation of the terms of a permit
except upon proof that an announcement was made in his/her presence by a person
appearing to be authorized by the City of Ithaca, affording a reasonable opportunity
to comply with the terms of the permit, and that a subsequent order was given
in his/her presence affording a reasonable opportunity to disperse said assembly,
parade or motorcade.
No permit shall be issued authorizing the conduct of a public gathering
or assemblage, parade or motorcade which the Chief of Police finds is proposed
to be held for the sole purpose of advertising any product, goods, wares,
merchandise or event and is designed to be held purely for private profit.
No person shall knowingly join or participate in any parade or motorcade
conducted under permit from the Chief of Police in violation of any of the
terms of said permit nor knowingly join or participate in any permitted parade
or motorcade without the consent and over the objection of the permittee nor
in any manner interfere with its progress or orderly conduct.
A.
Assembly permits.
(1)
An application for a public assembly permit shall be
in writing and shall be made to either the Ithaca Police Department or the
City Clerk's office at least five business days before the assembly is
scheduled to be held. The form for the application shall include:
[Amended 5-4-2005 by Ord. No. 2005-07]
(a)
The date, hours and location at which the assembly is
scheduled to be held.
(b)
The name, address and telephone number of the applicant
or applicants and the name of the sponsoring organization, if any.
(c)
An estimate of the size of the assembly.
(d)
Whether or in what form police protection is required.
(e)
Plans to assure the public safety and order.
(2)
A permit application may be received and processed, for
good cause shown, even if received less than five days before the scheduled
assembly, and a permit shall not be withheld unreasonably merely upon the
grounds that the time of application is less than five days.
(3)
The permit officer shall either:
(a)
Issue the permit as requested.
(b)
Issue the permit subject only to one or more of the conditions set forth in Subsection A(5)(c) below.
(c)
Deny the permit for a period of 30 days with leave to
renew the application only if the circumstances indicate to the permit officer
that the issuance of a permit would constitute or result in a clear and present
danger to a substantial interest of the City of Ithaca which cannot be obviated
by the imposition of conditions.
(4)
The decision of the permit officer shall be in writing and shall state the facts upon which it is based, and immediate notice shall be given to the applicant or applicants. The failure to act upon the application within 72 hours after its receipt, or not less than 24 hours before the scheduled assembly if the application is made at least 48 hours before the scheduled assembly, whichever is earlier, shall be deemed to be a grant of the permit under Subsection A(3)(a).
(5)
Conditional issuance.
(a)
Conditions may be imposed upon the permit only if the
permit officer finds any or all of the following facts:
[1]
A permit has been granted to others to hold a public
assembly at the same time in the same or nearly the same public place.
[2]
The public assembly will substantially disrupt normal
traffic movement.
[3]
Because of the time, place or manner of the public assembly,
it will produce noise of an unacceptable level at the time and place designated
or will necessarily substantially destroy plants or other public property
enumerated by the permit officer.
[4]
The number of police officers requisite to patrol the
assembly cannot be made available at the time and place designated.
(b)
If the permit officer makes any of the above findings, he/she shall state each finding and the facts on which it was based in the written decision described in Subsection A(4) above.
(c)
Based only upon his/her findings, as described above,
the permit officer may impose one or more of the following conditions and
no others:
[1]
The assembly is to be held at another place, as close
as possible to the place designated in the application.
[2]
The assembly is to be held at another time, as close
as possible to the time designated in the original application.
[3]
The assembly is to be no larger than a specified size,
as close as possible to the size designated in the application.
B.
Parade and motorcade permits.
(1)
An application for a parade or motorcade permit shall
be in writing and shall be made to the permit officer at least 10 days before
the parade is scheduled to be held. The form for the application shall include:
(a)
The date, hours, route of the parade or motorcade and
location of assembly and disbanding of the parade or motorcade.
(b)
The name, address and telephone number of the applicant
or applicants and the name of the sponsoring organization, if any.
(c)
An estimate of the size of the parade or motorcade, including
the number, size and description of vehicles, if any.
(d)
Whether and in what form police protection is required.
(e)
Plans to assure the public safety and order.
(2)
A permit application may be received and processed, for
good cause shown, even if received less than 10 days before the scheduled
parade or motorcade, and a permit shall not be withheld unreasonably merely
upon the grounds that the time of application is less than 10 days.
(3)
The permit officer shall either:
(a)
Issue the permit as requested.
(b)
Issue the permit subject only to one or more of the conditions set forth in Subsection B(5)(c) below.
(c)
Deny the permit for a period of 30 days with leave to
renew the application only if the circumstances indicate to the permit officer
that the issuance of a permit would constitute or result in a clear and present
danger to a substantial interest of the City of Ithaca which cannot be obviated
by the imposition of conditions.
(4)
The decision of the permit officer shall be in writing and shall state the facts upon which it is based, and immediate notice shall be given to the applicant or applicants. The failure to act upon the application within eight days after its receipt, or not less than 24 hours before the scheduled parade or motorcade if the application is made at least 72 hours before the scheduled parade or motorcade, whichever is earlier, shall be deemed to be a grant of the permit under Subsection B(3)(a).
(5)
Conditional issuance.
(a)
Conditions may be imposed upon the permit only if the
permit holder finds any or all of the following facts:
[1]
A permit has been granted to others to hold a parade
or motorcade at the same time in the same or nearly the same public streets.
[2]
Because of the time, place or manner of the parade or
motorcade, it will substantially disrupt normal traffic movement.
[3]
Because of the time, place or manner of the parade or
motorcade, it will produce noise of an unacceptable level or will necessarily
destroy plants or other public or private property enumerated by the permit
officer.
[4]
The number of police officers requisite to patrol the
parade or motorcade cannot be made available at the time and place designated.
(b)
If the permit officer makes any of the above findings, he/she shall state each finding and the facts on which it is based in the written decision described in Subsection B(4) above.
(c)
Based only upon his/her findings, as described above,
the permit officer may impose one or more of the following conditions and
no others:
[1]
The parade or motorcade is to be held on another route,
as close as possible to the route designated in the application.
[2]
The parade or motorcade is to be held at another time,
as close as possible to the time designated in the original application.
[3]
The parade or motorcade is to be no longer than a specified
size, as close as possible to the size designated in the application.
[4]
The number of vehicles is to be no larger than a specified
number.
A.
In each permit, the permit officer shall specify:
(1)
The assembly areas and time therefor.
(2)
The starting time.
(3)
The disbanding time or time that the affair is to terminate.
(4)
The number of persons required to monitor the affair.
(5)
That the permittee advise all participants in the affair,
either orally or by written notice, of the terms and conditions of the permit
prior to the commencement of the affair.
(6)
That the amplification of sound permitted to be emitted
from sound trucks, bullhorns or other devices be fixed and not variable.
(7)
Any other conditions as set forth above and such other
requirements as are found by the Chief of Police to be reasonably necessary
for the protection of persons or property.
B.
In the case of a parade or motorcade, each permit shall
also specify:
(1)
The minimum and maximum speeds.
(2)
The route of a parade or motorcade.
(3)
What portions of streets to be traversed may be occupied
by such parade or motorcade.
(4)
The maximum number of platoons or units and the maximum
and minimum intervals of space to be maintained between the units of such
parade or motorcade.
(5)
The maximum length of such parade or motorcade in miles
or fractions thereof.
(6)
The disbanding area and disbanding time.
(7)
The number and type of vehicles, if any.
(8)
The material and maximum size of any sign, banner, placard
or carrying device therefor.
(9)
That the materials used in the construction of floats
used in any parade shall be of fire-retardant materials and shall be subject
to such requirements concerning firesafety as may be determined by the Fire
Chief.
(10)
That the parade or motorcade continue to move at a fixed
rate of speed and that any willful delay or willful stopping of said parade
or motorcade, except when reasonably required for the safety and orderly conduct
of the parade or motorcade, shall constitute a violation of the permit.
[Added 8-3-2005 by Ord. No. 2005-17[1] ]
A.
Events requiring three or more of the following permits
shall require a special event permit: noise, assembly and parade, street closures,
vending, alcohol, use of parks or city property.
B.
Special event permits shall be issued by the City Clerk's
office after review and approval by appropriate department personnel. The
provisions set forth in the City of Ithaca Municipal Code for each permit
shall remain in effect. The City Clerk is authorized to develop and publish
an information guide and special event permit application that contain rules
and regulations that are consistent with local, state, and federal laws.
The applicant may appeal to the Mayor or the Mayor's designee from
the decision of the permit officer within five days, in writing and with notice,
and the Mayor or the Mayor's designee shall hear argument from both sides
and render a written decision reversing, affirming or modifying in any regard
the determinations of the permit officer within 48 hours. Remedy by appeal
as described in this section is not exclusive, and exhaustion of such appeal
shall not be required before seeking any judicial remedy.
Immediately upon the granting of a permit for a public gathering or
assemblage, parade or motorcade, the Chief of Police shall send a copy thereof
to the following:
[Amended 8-3-2005 by Ord. No. 2005-17]
All conditions of the permit(s) issued shall be complied with. Any permit
for a public gathering or assemblage, parade or motorcade, or special event
issued pursuant to this chapter may be summarily revoked by the Chief of Police
at any time when, by reason of disaster, public calamity, riot or other emergency,
the Chief of Police determines that the safety of the public or property requires
such revocation or when the conditions of the permit have not been complied
with. Notice of such action revoking a permit shall be hand-delivered or,
when time allows, delivered in writing to the permittee by personal service
or by certified mail.
