[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.
[Added 8-3-2005 by Ord. No. 2005-17 ]
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.
[Amended 11-3-2021 by Ord. No. 2021-09]
The applicant may appeal to the City Manager
or the City Manager's designee from the decision of the permit officer
within five days, in writing and with notice, and the City Manager
or the City Manager'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 City Manager.
[Amended 11-3-2021 by Ord. No. 2021-09]
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.