Village of Tivoli, NY
Dutchess County
[HISTORY: Adopted by the Board of Trustees of the Village of at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]

§ 131-1
Title. 

§ 131-2
Purpose. 

§ 131-3
Definitions. 

§ 131-4
Permit required. 

§ 131-5
Assemblies for private profit not permitted. 

§ 131-6
Participation; interference. 

§ 131-7
Permit application; process; information required. 

§ 131-8
Standards for issuance or denial of permit. 

§ 131-9
Contents of permit. 

§ 131-10
Compliance with conditions of permit. 

§ 131-11
Revocation of permit. 

§ 131-12
Penalties for offenses. 

§ 131-1 Title.

This chapter shall be cited as the "Mass Gathering Law."

§ 131-2 Purpose.

The purpose of this chapter is to protect the public health, safety and welfare by regulating public assemblies within the Village of Tivoli, New York.

§ 131-3 Definitions.

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

MASS GATHERINGS
Any assemblage or gathering of people with or without the levy of an admission fee; however, such mass gathering shall not include any activity having less than 50 people in attendance, nor shall the term apply to operations, activities or affairs of any duly established municipal, educational, historical, fire-fighting, religious or agricultural organization or institution located in the Village of Tivoli.
MOTORCADE
An organized procession, except funeral processions, upon any public street, sidewalk or alley.
PARADE
Any march or procession consisting of people, animals or vehicles, or combination thereof, except funeral processions, upon any public street, sidewalk, or alley, which does not comply with normal and usual traffic regulations or controls.
PUBLIC ASSEMBLIES
An assembly of persons upon any public street, sidewalk or alley which impedes or tends to impede pedestrian or vehicular traffic.

§ 131-4 Permit required.

It shall be unlawful for any person to conduct a parade, motorcade, public assembly or mass gathering in or upon any public street, sidewalk or alley in the village or knowingly participate in any such parade, motorcade, public assembly or mass gathering unless and until a permit to conduct such parade, motorcade, public assembly or mass gathering has been obtained.

§ 131-5 Assemblies for private profit not permitted.

No permit shall be issued authorizing the conduct of a parade, motorcade, public assembly or mass gathering which 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.

§ 131-6 Participation; interference.

No person shall knowingly join or participate in any parade, motorcade, public assembly or mass gathering conducted under permit in violation of any terms of said permit nor knowingly join or participate in any permitted parade, motorcade, public assembly or mass gathering without the consent and over the objection of the permittee nor in any manner interfere with its progress or orderly conduct.

§ 131-7 Permit application; process; information required.

A. 

Any person who desires to conduct a parade, motorcade, public assembly or mass gathering shall apply for a permit at least 30 days in advance of the date of the proposed parade, motorcade, public assembly or mass gathering.

B. 

Said application shall be made to the Village Clerk, and the permit shall be issued if the Village Clerk signs the permit form. In the event that the Village Clerk shall not sign said permit, then it shall be considered denied and the applicant may appeal to the Village Board of Trustees who may, in its discretion, issue a permit by a majority vote of those voting.

C. 

The Village Clerk may, at his or her discretion, consider any application for a permit to conduct a parade, motorcade, public assembly or mass gathering which is filed less than 30 days prior to the date such parade, motorcade, public assembly or mass gathering is to be conducted.

D. 

The application for a permit shall be made in writing on a form approved by the Board of Trustees. In order that adequate arrangements may be made for the proper policing of the parade, motorcade, public assembly or mass gathering, the application shall contain the following information:

(1) 

The name of the applicant, the sponsoring organization, the parade, motorcade, public assembly or mass gathering chairman and the address and telephone number of each.

(2) 

The purpose of the parade, motorcade, public assembly or mass gathering, the date when it is proposed to be conducted, the location of the assembly area, the location of the disbanding area, the route to be traveled and the approximate time when the parade, motorcade, public assembly or mass gathering will assemble, start and terminate.

(3) 

A description of the individual floats, marching units, vehicles and bands.

(4) 

Such other information as the Village Clerk may deem reasonably necessary.

§ 131-8 Standards for issuance or denial of permit.

A. 

Standards for issuance. The permit shall be issued for a parade, motorcade, public assembly or mass gathering, conditioned upon the applicant's written agreement to comply with the terms of such permit, unless it is found that:

(1) 

The time, route and size of the parade, motorcade, public assembly or mass gathering will disrupt to an unreasonable extent the movement of other vehicular and pedestrian traffic.

(2) 

The parade, motorcade, public assembly or mass gathering is of a size or nature that requires the diversion of so great a number of police officers to properly police the line of movement and the areas contiguous thereto that allowing the parade, motorcade, public assembly or mass gathering would deny reasonable police protection to the village.

(3) 

Such parade, motorcade, public assembly or mass gathering will interfere with another parade, motorcade, public assembly or mass gathering for which a permit has been issued.

B. 

Standards for denial. The permit shall be denied for a parade, motorcade, public assembly or mass gathering permit, and the applicant notified of such denial where:

(1) 

There is a finding contrary to the findings required to be made for the issuance of a permit.

(2) 

The information contained in the application is found to be false or nonexistent in any material detail.

(3) 

The applicant refuses to agree to abide by or comply with all conditions of the permit.

§ 131-9 Contents of permit.

In each permit there may be specified:

A. 

The assembly area and time therefor.

B. 

The starting time.

C. 

The minimum and maximum speeds.

D. 

The route of the parade, motorcade, public assembly or mass gathering.

E. 

What portions of streets, sidewalks or alleys to be traversed may be occupied by such parade, motorcade, public assembly or mass gathering.

F. 

The maximum number of platoons or units and the maximum and minimum intervals of space to be maintained between the units of such parade, motorcade, public assembly or mass gathering.

G. 

The maximum length of such parade, motorcade, public assembly or mass gathering in miles or fractions thereof.

H. 

The disbanding area and disbanding time.

I. 

The number of persons required to monitor the parade, motorcade, public assembly or mass gathering.

J. 

The number and type of vehicles, if any.

K. 

The material and maximum size of any sign, banner, placard or carrying device therefor.

L. 

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

M. 

That the parade, motorcade, public assembly or mass gathering continue to move at a fixed rate of speed and that any willful delay or willful stopping of said parade, motorcade, public assembly or mass gathering, except when reasonably required for the safe and orderly conduct of the parade, motorcade, public assembly or mass gathering, shall constitute a violation of the permit.

N. 

Such other requirements as are found to be reasonably necessary for the protection of persons or property.

§ 131-10 Compliance with conditions of permit.

All conditions of the permit shall be complied with so far as reasonably practicable.

§ 131-11 Revocation of permit.

Any permit for a parade, motorcade, public assembly or mass gathering pursuant to this chapter may be summarily revoked by the issuing persons or the Board of Trustees at any time, when, by reason of disaster, public calamity, riot or other emergency, it is determined that the safety of the public or property requires such revocation. Notice of such action revoking a permit shall be delivered in writing to the permittee by certified mail or by such other notice as the Board of Trustees shall designate.

§ 131-12 Penalties for offenses.

Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be punishable by a fine of not more than $250 or imprisonment for not more than 15 days, or both. Each day of continuance of an offense shall be considered a separate offense.