[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.
An organized procession containing 15 or more vehicles, except
funeral processions.
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.
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.
[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:
[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.
