City of Ithaca, NY
Tompkins County
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Table of Contents
Table of Contents
[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.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 128.
Commons — See Ch. 157.
Noise — See Ch. 240.
Peace and good order — See Ch. 250.
[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.
[1]
Editor's Note: This ordinance also superseded former § 132-7, compliance with permit conditions required. See now § 132-10.
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:
A. 
The Mayor.
B. 
The Fire Chief.
C. 
The Superintendent of Public Works.
[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.
[Added 8-5-1992 by L.L. No. 3-1992]
Any person who violates any provision of this chapter shall be punished as provided in Chapter 1, General Provisions, Article I, Penalties.