Village of Freeport, NY Article VI Parades and Public Assemblies

[Added 9-14-1999 by L.L. No. 9-1999]

§ 155-54 Definitions.

As used in this article, the following terms shall have the meanings indicated:

CHIEF OF POLICE

The Chief of Police of the Incorporated Village of Freeport.

PARADE

Any march, demonstration, procession or motorcade consisting of persons, animals or vehicles, or a combination thereof, upon the streets or public thoroughfares within the Village of Freeport with an intent of attracting public attention that interferes with the normal flow or regulation of traffic upon the streets or public thoroughfares within the Village of Freeport.

PARADE or PUBLIC ASSEMBLY PERMIT

A permit as required by this article.

PERSON

Any person, firm, partnership, association, corporation, company or organization of any kind.

PUBLIC ASSEMBLY

Any meeting, demonstration, picket line, rally or gathering of more than 10 persons for a common purpose as a result of prior planning that interferes with the normal flow or regulation of pedestrian or vehicular traffic.

SIDEWALK

Any area or way set aside or open to the general public for purposes of pedestrian traffic adjacent to a street or public thoroughfare which is the proposed parade route, whether or not it is paved.

STREET

Any place or way set aside or open to the general public for purposes of vehicular traffic, including any berm or shoulder parkway, right-of-way or median strip thereof.

VILLAGE

The Incorporated Village of Freeport.

§ 155-55 Permit required.

No person shall engage in or conduct any parade or public assembly unless a permit is issued by the Chief of Police.

§ 155-56 Exceptions.

This article shall not apply to the following:

A. Funeral processions.

B. Students going to and from school classes or participating in educational activities, provided that such conduct is under the immediate direction and supervision of the proper school authorities.

C. A governmental agency acting within the scope of its functions.

D. Spontaneous events occasioned by news or affairs coming into public knowledge within three days of such public assembly, provided that the organizer thereof gives written notice to the Police Chief for the Incorporated Village of Freeport at least 24 hours prior to such parade or public assembly. The Police Chief may waive the notice requirement hereof based on the factors reflected in § 157-57B.

§ 155-57 Application for permit.

A. A person seeking a parade or public assembly permit shall file an application with the Chief of Police on forms provided by such officer and the application shall be signed by the applicant under oath.

B. For single, nonrecurring parades or public assemblies, an application for a permit shall be filed with the Chief of Police at least 10 and not more than 180 days before the parade or public assembly is proposed to commence. The Chief of Police may waive the minimum ten-day filing period and accept an application filed within a shorter period if, after due consideration of the date, time, place and nature of the parade or public assembly, the anticipated number of participants and the Village of Freeport services required in connection with the event, the Chief of Police determines that the waiver will not present a hazard to public safety.

C. For parades or public assemblies held on a regular or recurring basis at the same location, an application for a permit covering all such parades or assemblies during that calendar year may be filed with the Chief of Police at least 60 and not more than 180 days before the date and time at which the first such parade or public assembly is proposed to commence. The Chief of Police may waive the minimum sixty-day period after due consideration of the factors specified in Subsection B above.

D. The application for a parade or public assembly permit shall set forth the following information:

(1) The name, address and telephone number of the person seeking to conduct such parade or public assembly.

(2) The names, addresses and telephone numbers of the headquarters of the organization for which the parade or public assembly is to be conducted, if any, and the authorized and responsible heads of the organization.

(3) The requested date of the parade or public assembly.

(4) The route to be traveled, including the starting point and the termination point.

(5) The approximate number of persons who, and animals and vehicles which, will constitute such parade or public assembly and the type of animals and description of the vehicles.

(6) The hours when such parade or public assembly will start and terminate.

(7) A statement as to whether the parade or public assembly will occupy all or only a portion of the width of the streets proposed to be traversed.

(8) The location by street of any assembly areas for such parade or public assembly.

(9) The time at which units of the parade or public assembly will begin to assemble at any such area.

(10) The intervals of space to be maintained between units of such parade or public assembly.

(11) If the parade or public assembly is designed to be held by, or on behalf of, any person other than the applicant, the applicant for such permit shall file a letter from that person with the Chief of Police authorizing the applicant to apply for the permit on his behalf.

(12) The type of public assembly, including a description of activities planned during the event.

(13) A description of any recording equipment, sound amplification equipment, banners, signs or other attention-getting devices to be used in connection with the parade or public assembly.

(14) The approximate number of participants (spectators are, by definition, not participants).

(15) The approximate number of spectators.

(16) A designation of any public facilities or equipment to be utilized.

(17) Any additional information that the Chief of Police finds reasonably necessary to a fair determination as to whether a permit should issue.

§ 155-58 Police protection; reimbursement of cost to Village.

The Chief of Police shall determine whether and to what extent additional police protection is reasonably necessary for the parade or public assembly for traffic control and public safety. The Chief of Police shall base this decision on the size, location, duration, time and date of the event, the number of streets and intersections blocked and the need to detour or preempt citizen travel and use of the streets and sidewalks. If possible, without disruption of ordinary police services or compromise of public safety, regularly scheduled on-duty personnel will police the event. If additional police protection for the public assembly is deemed necessary by the Chief of Police, he shall so inform the applicant for the permit. The applicant then shall have the duty to reimburse the Village of Freeport for the actual cost of the additional police protection deemed necessary by the Chief of Police at the sole expense of the applicant.

§ 155-59 Standards for issuance.

A. The Chief of Police shall issue a permit as provided for herein when, from a consideration of the application and from such other information as may otherwise be obtained, he finds that:

(1) The conduct of the parade or public assembly will not substantially interrupt the safe and orderly movement of other pedestrian or vehicular traffic contiguous to its route or location.

(2) The conduct of the parade or public assembly will not require the diversion of so great a number of Village police officers to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection of the Village.

(3) The concentration of persons, animals and vehicles at public assembly points of the parade or public assembly will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such public assembly areas.

(4) The conduct of the parade or public assembly is not reasonably likely to cause injury to persons or property.

(5) The parade or public assembly is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route.

(6) Adequate sanitation and other required health facilities are or will be made available in or adjacent to any public assembly areas.

(7) There are sufficient parking places near the site of the parade or public assembly to accommodate the number of vehicles reasonably expected.

(8) The applicant has secured the police protection, if any, required under § 155-58.

(9) No parade or public assembly permit application for the same time and location is already granted or has been received and will be granted.

(10) No parade or public assembly permit application for the same time but a different location is already granted or has been received and will be granted, and the police resources required for that prior parade or public assembly are so great that, in combination with the subsequent proposed application, the resulting deployment of police services would have an immediate and adverse effect upon the welfare and safety of persons and property.

(11) No event is scheduled elsewhere in the Village of Freeport where the police resources required for that event are so great that the deployment of police services for the proposed parade or public assembly would have an immediate and adverse effect upon the welfare and safety of persons and property.

B. No permit shall be granted that allows for the erection or placement of any structure, whether permanent or temporary, on a Village street, sidewalk or right-of-way unless advance approval for the erection or placement of the structure is obtained from the Board of Trustees of the Incorporated Village of Freeport.

§ 155-60 Nondiscrimination.

The Chief of Police shall uniformly consider each application upon its merits and shall not discriminate in granting or denying permits under this article based upon political, religious, ethnic, race, disability, sexual orientation or gender-related grounds.

§ 155-61 Notice of denial of application.

With the exception of a spontaneous event or an event where the filing time requirements have been waived by the Chief of Police, the Chief of Police shall act promptly upon a timely-filed application for a parade or public assembly permit. If the permit application is received by the Chief of Police 30 or more days prior to the planned event, the Chief of Police shall deny or grant the permit no later than 10 days after the permit application has been received. If the permit application is received by the Chief of Police less than 30 days before the date of the planned event, the Chief of Police shall then deny or grant the permit in no less than 48 hours. If the Chief of Police disapproves the application, he shall notify the applicant, either by personal delivery or certified mail at least 48 hours prior to the event, of his action and state the reasons for denial.

§ 155-62 Alternative permit.

A. The Chief of Police, in denying an application for a parade or public assembly permit, may authorize the conduct of the parade or public assembly at a date, time, location or route different from that named by the applicant. An applicant desiring to accept an alternative permit shall, within five days after notice of the action of the Chief of Police, file a written notice of acceptance with the Chief of Police. The Chief of Police may consider the availability of sidewalks, parks or other areas of public assembly.

B. An alternate parade or public assembly permit shall conform to the requirements of, and shall have the effect of, a parade or public assembly permit issued under this article.

§ 155-63 Appeal procedure.

A. Any applicant shall have the right to appeal the denial of a parade or public assembly permit to the Board of Trustees of the Incorporated Village of Freeport. The denied applicant shall make the appeal within five days after receipt of the denial by filing a written notice with the Chief of Police and a copy of the notice with the Village Clerk. The Board of Trustees of the Incorporated Village of Freeport shall act upon the appeal at the next scheduled meeting following receipt of the notice of appeal.

B. In the event that the Board of Trustees of the Incorporated Village of Freeport rejects an applicant's appeal, the applicant may file an immediate request for review with a court of competent jurisdiction.

§ 155-64 Notice to Village and other officials.

Immediately upon the issuance of a parade or public assembly permit, the Chief of Police shall send a copy thereof to the following:

A. The Mayor.

B. The Village Attorney.

C. The Fire Chief.

D. The Director of the Department of Public Works.

E. The Postmaster.

F. The manager or responsible head of each public transportation utility, the regular routes of whose vehicles will be affected by the route of the proposed parade or public assembly.

§ 155-65 Contents of permit.

Each parade or public assembly permit shall state the following information:

A. Starting and approximate ending time.

B. Minimum speed of parade units.

C. Maximum speed of parade units.

D. Maximum interval of space to be maintained between parade units.

E. The portions of the streets that may be occupied by the parade or public assembly.

F. The maximum length of the parade in miles or fractions thereof.

G. Such other information as the Chief of Police shall find necessary to the enforcement of this article.

§ 155-66 Duties of permittee.

A. A permit hereunder shall comply with all permit directions and conditions and with all applicable laws and ordinances.

B. The parade or public assembly chairman or other person heading such activity shall carry the parade or public assembly permit upon his/her person during the conduct of the parade or public assembly.

§ 155-67 Prohibitions.

The following prohibitions shall apply to all parades and public assemblies:

A. It shall be unlawful for any person to stage, present or conduct any parade or public assembly without first having obtained a permit as herein provided.

B. It shall be unlawful for any person to participate in a parade or public assembly for which the person knows a permit has not been granted.

C. It shall be unlawful for any person in charge of, or responsible for the conduct of, a duly licensed parade or public assembly to knowingly fail to comply with any condition of the permit.

D. It shall be unlawful for any person participating in any parade or public assembly to carry or possess any length of metal, lumber, wood or similar material for purposes of displaying a sign, poster, plaque or notice, unless such object is 1/4 inches or less in thickness and two inches or less in width or, if not generally rectangular in shape, such object shall not exceed 3/4 inches in its thickest dimension.

E. It shall be unlawful for any person to carry any sign, poster, plaque or notice, whether or not mounted on a length of material as specified in Subsection D of this section, unless such sign, poster, plaque or notice is constructed or made of a cloth, paper or cardboard material.

F. It shall be unlawful for any person participating in a parade or public assembly to utilize sound amplification equipment at decibel levels that exceed those limits imposed by Village Code Chapter 155, Article III.

G. It shall be unlawful for any person to ride, drive, or cause to be ridden or driven, any animal or any animal-drawn vehicle upon any public street, unless specifically authorized by the permit.

§ 155-68 Public conduct; restriction of parking.

A. No person shall unreasonably hamper, obstruct or impede or interfere with any parade or public assembly or with any person, vehicle or animal participating or used in a parade or public assembly.

B. No driver of a vehicle shall drive between the vehicles or persons comprising a parade or public assembly when such vehicles or persons are in motion and are conspicuously designated as a parade or public assembly.

C. The Chief of Police shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a street constituting a part of the route of a parade or public assembly. The Chief of Police shall post signs to that effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof. No person shall be liable for parking on a street unposted in violation of this article.

§ 155-69 Revocation of permit.

The Chief of Police shall have the authority to revoke a parade or public assembly permit instantly upon violation of the conditions or standards for issuance as set forth in this article or when a public emergency arises where the police resources required for that emergency are so great that deployment of police services for parade or public assembly would have an immediate and adverse effect upon the welfare and safety of persons or property.

§ 155-70 Penalties for offenses.

Any person violating the provision of any section of this article shall, upon conviction, be punished by fine not to exceed $1,000 or imprisonment of not more than 15 days, or both.

§ 155-71 Severability.

If any section, subsection, sentence, clause or phrase of this article is for any reason held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article.