Village of Bronxville, NY Parades and Motor Vehicle Noise Levels

No person shall engage in, participate in, aid, form or start any parade or public assembly, unless a permit shall have first been obtained from the Village Administrator, or other village official designated by him to act in his stead under the provisions of this chapter.

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.

Exceptions. This section shall not apply to:

(a)

Funeral processions.

(b)

Wedding processions.

(c)

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

(d)

A governmental agency acting within the scope of its functions.

Application.

A person seeking the issuance of a permit under this chapter shall file with the Village Administrator an application during the normal business hours of the village. An application for a permit shall be filed with the Village Administrator not less than seven business days nor more than six months before the date upon which the parade and/or public assembly is proposed to be conducted.

The Village Administrator, where good cause is shown therefor, may consider any application which is filed less than seven business days before such parade or public assembly is proposed to be conducted. Good cause may include, but not be limited to, spontaneous parades or public assemblies in response to recent events, without consideration given to the message to be disseminated by any parade or public assembly.

Contents. The application for a parade or public assembly permit shall set forth the following information, which must be updated by the applicant as circumstances change:

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

If the parade or public assembly 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 the organization.

The name, address and telephone number of the person who will be the parade or public assembly chairperson and who will be responsible for its conduct.

(4)

The date when the parade or public assembly is to be conducted;

(5)

The proposed route to be traveled, the starting point and the termination point;

(6)

The approximate number of persons who, and the animals and vehicles which, will constitute the parade or public assembly; the type of animals, and the description of the vehicles, including a description of any sound amplification equipment to be used.

(7)

The starting and ending times for the parade or public assembly.

(8)

The location of any assembly and disbanding areas for the parade or public assembly.

(9)

The time at which units of the parade or public assembly will begin to assemble at the assembly areas.

(10)

If the parade or public assembly is to be conducted by, and on behalf of or for, any person or organization other than the applicant, the applicant for the permit shall file with the Village Administrator a communication in writing from such person or organization authorizing the applicant to apply for the permit.

(11)

Whether or not there will be marshals or other persons, however designated, charged with arrangement or regulation of the parade or public assembly and, if so, their duties and identification.

(12)

What portions of the streets to be traversed are proposed to be occupied by the parade or public assembly.

(13)

The approximate number of spectators.

(14)

A description of any public facilities to be utilized.

Action on application. The village shall act upon the application for a permit within three business days after the filing thereof.

Issuance of permit.

The Village Administrator shall issue a permit as provided for under this section when, from a consideration of the application and from any other information as may otherwise be obtained, he finds that:

(a)

Either the conduct of the parade or public assembly will not substantially interrupt the safe and orderly movement of other traffic, both vehicular and pedestrian, contiguous to its route or areas of assembly, or, if the activity will substantially interfere with such traffic, there are available at the time of the proposed activity sufficient Village resources to mitigate the disruption.

(b)

The conduct of the parade or public assembly will not require the diversion of so great a number of police officers of the Village to properly police the areas affected thereby as to prevent normal police protection to the rest of the village.

(c)

The conduct of the parade or public assembly 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 areas affected thereby.

(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 service to, areas contiguous to the assembly areas.

(e)

The conduct of the parade or public assembly will not unduly interfere with the movement of firefighting equipment en route to a fire.

(f)

The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route.

(g)

The manner in which the parade or public assembly will be conducted is not reasonably likely to cause injury to persons or property.

(h)

The route of the parade is not reasonably likely to cause injury to persons or property.

(i)

The location of the proposed public assembly is not reasonably likely to cause injury to persons or property.

(j)

The conduct of the parade or public assembly will not interfere or conflict with any other parade or public assembly for which a permit has been issued.

(k)

No other parade or public assembly permit has been granted, or is under consideration, for any portion of the time sought by the applicant.

(l)

The parade or public assembly will not commence and/or terminate after sunset.

(m)

The parade or public assembly is not to be held for the sole purpose of advertising any product or goods and is not designed to be held purely for private profit.

(n)

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

(o)

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

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

The Village Administrator shall uniformly consider each application on the merits and shall not discriminate in granting or denying permits under this section based on political, religious, ethnic, race, disability, sexual orientation or gender related grounds.

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

The starting and ending times for the parade or public assembly.

What portions of the streets to be traversed may be occupied by the parade or public assembly.

The minimum and maximum speeds of vehicles participating therein.

(4)

The assembly areas and the disbanding areas, and the times for each.

(5)

That the amplification of sound permitted to be emitted from amplification equipment be fixed and not variable.

(6)

That the permittee shall advise all participants in the parade or public assembly, either orally or by written notice, of the terms and conditions of the permit, prior to the commencement of the parade or public assembly.

(7)

The maximum interval of space to be maintained between parade units.

(8)

Any other information that the Chief of Police shall find reasonably necessary for the protection of persons or property.

Alternate permit.

The Village Administrator, upon denying an application for a parade or public assembly permit, shall notify the applicant of the Village Administrator's willingness to issue a permit for the conduct of a parade or public assembly as the case may be on a date, at a time, or over a route different from that requested by the applicant. Such an alternative permit shall, to the extent practicable, authorize a parade or public assembly, as the case may be, that will have comparable public visibility and a similar route and location to those proposed in such application. An applicant desiring to accept such an alternative permit shall, within three business days after the giving of such notice by the Village Administrator, file a written notice of acceptance with the Village Administrator. Such an alternative parade or public assembly permit shall conform to the requirements of, and shall have the effect of, a parade or public assembly permit under this section.

The Village Administrator is empowered to limit a parade or public assembly to a sidewalk or sidewalks or to one or more traffic lanes of a street or streets where it is determined that such limited area is capable of accommodating the number of people anticipated based upon the information submitted by the applicant and the experience of comparable events. In the event that the number of persons in attendance exceeds the anticipated number, the Chief of Police is authorized to make reasonable accommodation to increase the portion of the street or streets made available in order to preserve public health and safety.

Compliance by permittee. A permittee shall comply with all permit directions and conditions, all application commitments and with all applicable laws and local laws. The parade or public assembly chairperson or the chairperson's designee shall carry the parade or public assembly permit on his person during such event.

Appeal procedure.

Any applicant aggrieved by the denial of a parade or public assembly application, including the denial of a late application under § 290-9C, or of a condition that the applicant deems unreasonable, shall have the right to appeal to the Village Board. Notice of appeal shall be filed by the applicant in writing with the Village Administrator within two business days of the notice of denial. The Village Board shall act upon the appeal at the next regularly scheduled meeting following receipt of the notice of appeal.

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

Revocation of permit. The village shall have the authority to revoke a parade or public assembly permit issued pursuant to this section upon violation of the standards for issuance of the permit as herein set forth, or when, by reason of disaster, public calamity, riot or other emergency, the Village Administrator determines that the safety of the public or property requires revocation. Notice of the revocation shall be delivered in writing to the permittee in person or by certified mail.

Public conduct during authorized parades and public assemblies.

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

Driving through parades. No driver of a vehicle shall drive between the vehicles or persons comprising an authorized parade when the vehicles or persons are in motion and are clearly participating in the parade, unless specifically authorized to do so by a law enforcement officer.