[HISTORY: Adopted by the Board of Trustees
of the Village of Alexandria Bay 5-19-1992 as L.L. No. 7-1992.
Amendments noted where applicable.]
The Board of Trustees of the Village of Alexandria
Bay has determined that the uncontrolled use of Village streets, sidewalks,
rights-of-way, parks or public places for public assemblages presents
a potential hazard to the health, safety and welfare of Village residents
by prohibiting or impeding the orderly flow of pedestrian and vehicular
traffic for emergency, business and personal matters. In order to
protect the health, safety and welfare of the residents of the Village
of Alexandria Bay, this chapter establishes a means of controlling
and regulating certain public assemblages which might otherwise prohibit
or impede the orderly flow of pedestrian and vehicular traffic within
the Village.
This chapter shall be known and may be cited
as the "Parade Permit Law of the Village of Alexandria Bay."
As used in this chapter the following terms
shall have the meanings indicated:
The Chief of Police of the Village of Alexandria Bay.
Any parade, march, ceremony, show, exhibition, pageant or
procession of any kind or any similar display in or upon any street,
sidewalk, right-of-way, park or other public place in the Village.
A permit as required by this chapter.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
The Village of Alexandria Bay.
A.
No person shall engage in, participate in, aid, form
or start any parade unless a parade permit shall have been obtained
from the Chief of Police.
B.
Exceptions. This chapter shall not apply to:
(1)
Funeral processions.
(2)
Wedding processions.
(3)
Students going to and from school or classes or participating
in educational activities, provided that such conduct is under the
immediate direction and supervision of proper school authorities.
This exception does not apply to parades organized by a school or
anybody thereof more than 24 hours prior to its occurrence.
(4)
A governmental agency acting within the scope of its
functions.
A person seeking issuance of a parade permit
shall file an application with the Chief of Police on forms provided
by such officer.
A.
Filing period. An application for a parade permit
shall be filed with the Chief of Police not less that 45 calendar
days nor more than 60 calendar days before the date on which it is
proposed to conduct the parade.
B.
Contents. The application for a parade permit shall
set forth the following information:
(1)
The name, address and telephone number of the person
seeking to conduct such parade.
(2)
If the parade is proposed to be conducted for, on
behalf of or by an organization, the name, address and telephone number
of the headquarters of the organization and of the authorized and
responsible heads of such organization.
(3)
The name, address and telephone number of the person
who will be the parade chairman and who will be responsible for its
conduct.
(4)
The date when the parade is to be conducted.
(5)
The hours when such parade is to be conducted.
(6)
The route to be traveled, the starting point and the
termination point.
(7)
A statement as to whether the parade will occupy all
or only a portion of the width of the streets proposed to be traveled.
(8)
The location by streets of any assembly areas for
such parade.
(9)
The approximate number of persons who and animals
and vehicles which will constitute such parade.
(10)
The time at which units of the parade will begin to
assemble at any such assembly area or areas.
(11)
If the parade is designed to be held by, on behalf
of or for any person other than the applicant, the applicant for such
permit shall file with the Chief of Police a communication, in writing,
from the person proposing to hold the parade authorizing the applicant
to apply for the parade permit on his behalf.
(12)
Any additional information pertinent to a fair determination
as to whether a parade permit should be issued as required by the
Chief of Police.
C.
A certificate of insurance for each occurrence naming
the Village as an additional insured in the minimum amount of $1,000,000
shall accompany each application.
D.
Late applications. The Chief of Police, where good
cause is shown therefor, shall have the authority to consider any
application hereunder which is filed less than 45 calendar days before
the date such parade is proposed to be conducted.
The Chief of Police shall issue a parade permit
as provided for hereunder when, from a consideration of the application
and from such other information as may otherwise be obtained, he finds
that:
A.
The conduct of the parade will not substantially interrupt
the safe and orderly movement of other traffic contiguous to its route;
B.
The conduct of the parade will not require the diversion
of so great a number of police officers of the Village to properly
police the line of movement and the areas contiguous thereto as to
prevent normal police protection to the Village;
C.
The conduct of such parade will not require the diversion
of so great a number of ambulances as to prevent normal ambulance
service to portions of the Village other than that to be occupied
by the proposed line of march and areas contiguous thereto;
D.
The concentration of persons, animals and vehicles
at assembly points of the parade will not unduly interfere with proper
fire and police protection of or ambulance services to areas contiguous
to such assembly areas;
E.
The conduct of such parade will not interfere with
the movement of fire-fighting equipment en route to a fire or other
emergency;
F.
The conduct of the parade is not reasonably likely
to cause injury to persons or property, to provoke disorderly conduct
or create a disturbance;
G.
The parade is scheduled to move from its point of
origin to its point of termination expeditiously and without unreasonable
delays;
H.
The parade is not designed to be held purely for private
profit; and
I.
The conduct of the parade will not conflict or interfere
with other parades or demonstrations that have previously obtained
parade permits.
The Chief of Police shall act upon the application
for a parade permit within 14 calendar days after the filing thereof.
If the Chief of Police disapproves the application, he shall mail
to the applicant, within 14 calendar days after the day upon which
the application was filed, a notice of his action stating the reasons
for his denial of the parade permit.
Any person aggrieved shall have the right to
appeal the denial of a parade permit to the Village Board of Trustees.
The appeal shall be taken within seven calendar days after the notice.
The Village Board shall act upon the appeal within 14 calendar days
after its receipt.
The Chief of Police, in denying an application
for a parade permit, shall be empowered to authorize the conduct of
the parade on a date, at a time or over a route different from that
named by the applicant. An applicant desiring to accept an alternative
permit shall, within seven calendar days after notice of the action
of the Chief of Police, file a written note of acceptance with the
Chief of Police. An alternative parade permit shall conform to the
requirements of and shall have the effect of a parade permit under
this chapter.
B.
Within five calendar days of receipt of the information forwarded by the Chief of Police under Subsection A of this section, the Village officials receiving such information shall provide the Chief of Police their written comments regarding the same. Such written comments shall be considered by the Chief of Police in determining whether to issue a parade permit, deny a parade permit or offer an alternative parade permit to the extent that such comments are relevant to the criteria for issuance listed in § 105-6. The failure of any Village official to return written comments to the Chief of Police within five calendar days shall be deemed to be acceptance of the information as presented and acquiescence to the granting of a parade permit.
Each parade permit shall state the following
information:
A.
Interference. No person shall unreasonably hamper,
obstruct or impede or interfere with any parade or parade assembly
or with any person, vehicle or animal participating or used in the
parade.
B.
Driving through parades. No driver of a vehicle shall
drive between the vehicles or persons comprising a parade when such
vehicles or persons are in motion and are conspicuously designated
as a parade.
The Chief of Police shall have the authority,
when reasonably necessary, to prohibit or restrict the parking of
vehicles along a highway or part thereof constituting a part of a
route of a parade. The Chief of Police shall post signs to such 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 chapter.
The Chief of Police shall have the authority
to revoke a parade permit issued hereunder upon application of the
standards for issuance as herein set forth.
Any person violating any of the provisions of
this chapter shall be deemed guilty of an infraction and, upon conviction
thereof, shall be fined in an amount not exceeding $250 or be imprisoned
for a period not exceeding 15 days, or be so fined and imprisoned.
Each day such a violation is committed or permitted to continue shall
constitute a separate offense and shall be punishable as such hereunder.
Any person applying for a permit shall pay a
fee for such permit in an amount to be established from time to time
by resolution of the Village Board of Trustees.[1]
[1]
Editor's Note: A schematic of time lines was
attached to the original local law adopting this chapter and is on
file in the Village offices.
