[Amended 5-28-2009; 3-23-2017 by L.L. No. 1-2017, effective 10-1-2017]
[Amended 1-7-2020 by L.L. No. 1-2020]
A. 
All parades are prohibited in the Town of Smithtown, except when such parades are approved, in writing, by the Town Board.
B. 
Any parade authorized pursuant to § 119-9A of this chapter shall be conducted only upon the issuance of a permit by the Town Clerk. Such permit shall be issued only upon the filing of a written verified application completed in accordance with this chapter by an officer of the organization sponsoring such parade, at least 60 days prior to the date of commencement of the parade.
A. 
Application for written approval of the Town Board, and for a permit required by § 119-9 of this chapter, shall be made on an application form approved by the Town Clerk, submitted no later than 60 days prior to the date of the event and verified by a duly qualified officer of the sponsoring organization, setting forth the following information:
[Amended 1-7-2020 by L.L. No. 1-2020]
(1) 
A detailed parade route with a map of the route to be traveled from an established, authorized parade designated route list as promulgated by the Town Clerk.
(2) 
The Federal Employer Identification Number (EIN), name, address and telephone number of the person or persons of the sponsoring organization who will be in charge of the function.
B. 
In addition to the application requirements specified in § 119-10A, the Department of Public Safety, upon receipt of the application, will notify the Suffolk County Police Department, Fourth Precinct, of the proposed parade, and if any portion of the proposed parade route shall occur upon, or intersect with, any state highway, the New York State Department of Transportation, in order for the parade application to comply with any and all New York State Department of Transportation requirements, including, but not limited to, signage and road closure requirements.
C. 
Application for parade permits used solely for the purposes of practice or training are prohibited.
D. 
The applicant must also execute an agreement with the Town of Smithtown to indemnify and hold harmless the Town of Smithtown from and against any and all claims arising from the parade.
E. 
The application shall be read by the Town Board at its regular meeting next following the filing of the application, provided that proof in the form of an affidavit of posting, together with photographs depicting the requisite postings, is filed with the Town Clerk prior to said regular meeting certifying that at least five days prior to said meeting a sign has been posted on the premises as required by § 119-14 hereof. A second posting is required no more than 10 days prior to the date of the parade, and an affidavit of the second posting must be filed with the Town Clerk no less than five days prior to the date of the parade.
[Added 1-7-2020 by L.L. No. 1-2020]
A. 
After receipt of the application, the Town Board shall read the application at its regular meeting whereupon the Town Clerk may issue a permit for the conduct of the parade. No such permit shall be issued if the Town Board determines that the parade will disturb the public peace and good order or adversely affect the use and enjoyment of adjoining properties in adjoining use districts or that the conduct of the parade will be inconsistent with the public health, safety or welfare.
[Amended 1-7-2020 by L.L. No. 1-2020]
B. 
Permits may impose reasonable restrictions, conditions and safeguards upon the issuance of the permit and/or conduct of the parade so as to assure consistency with the standards set forth above.
[Amended 1-7-2020 by L.L. No. 1-2020]
C. 
The Town Board may require the applicant to provide a letter of credit, bond, cash deposit, or other suitable security instrument to secure compliance with conditions in the parade permit and to ensure adequate cleanup of the property after the event. No special parade permit shall be issued until the security has been provided to the Town Clerk. If the applicant fails to honor the permit conditions or to adequately clean up the property following the event, the Town may use such portion of the security as is required to remedy the situation.
D. 
Permits issued shall be subject to immediate revocation upon violation of the provisions thereof or the provisions of this chapter. Such revocation shall be issued by the Town Clerk upon the direction of the Town Board.
E. 
Nothing herein shall preclude the Town Board from limiting the readings from two readings to one reading in the event that circumstances exist which require a parade application to be expedited.[1]
[1]
Editor’s Note: Former Subsection F, regarding expedited applications, which immediately followed, was repealed 1-7-2020 by L.L. No. 1-2020.
A parade permit shall not be required for any funeral processions for the actual burial of the dead nor for processions to and from a place of worship for services in connection therewith. The discharge of firearms or fireworks and the making of other unreasonable noises during funeral processions are prohibited.
[Amended 1-7-2020 by L.L. No. 1-2020]
Any parade held pursuant to a permit issued by the Town Clerk shall only take place upon those highways and parts of highways or public streets as shall be specified by the Town Clerk in a permit. Nothing herein shall prevent the Town Clerk from specifying an alternate parade route if the Town determines that the proposed parade route will disturb the public peace and good order or be inconsistent with the public health, safety and welfare.
[Added 1-7-2020 by L.L. No. 1-2020]
For parade permit applications, notice of the application shall be given by the applicant erecting a white with black lettering sign or signs measuring not less than two feet long and one foot wide at the beginning and end of the route, facing the public street, giving notice of the application and the date, time and place of the reading. The sign shall be set not more than 10 feet from the property line and shall not be less than two feet nor more than six feet above grade and must be posted at the beginning and end of the route as required hereinabove and must be displayed for a period of not less than five days immediately preceding the Town Board's reading of the application and again 10 days prior to the date of the parade. The filing of an affidavit by the applicant that this requirement has been complied with, together with photographs depicting the requisite postings, shall be deemed sufficient proof of compliance. The affidavit of posting and photographs for the second posting required must be filed with the Town Clerk no less than five days prior to the date of the parade.