[Ord. No. O-09-04]
Words and terms stated in the present tense include the future;
the singular includes the plural, unless the context requires otherwise;
the masculine includes the feminine and neuter genders; the term "shall"
is mandatory, not directory; the term "person" includes an individual,
corporation, partnership, limited liability company, association,
firm or other combination of persons. Words not specifically defined
shall have their ordinary dictionary meaning as in Webster's
New International Dictionary.
[Ord. No. O-09-04]
As used in this chapter, the following terms shall have the
meanings indicated:
The City of Poughkeepsie. References throughout this chapter
to "City" shall also mean the City Chamberlain or such other official
of the City having responsibility to administer this chapter.
Any march, procession motorcade or walk consisting of people,
animals or vehicles, or combination thereof, upon any public street,
sidewalk, alley or right-of-way in the City. The term "parade" as
used in this chapter does not include funeral processions.
A community event to be conducted within an area not exceeding
one City block or one intersection, where the block or intersection
will remain closed to ordinary traffic during the time that the community
event is held, in a neighborhood in the City that is at least two-thirds
residentially zoned and which is sponsored solely by the owners, residents
or tenants in the area, or their organization, and is not for commercial
or advertising purposes or profit.
Any person seeking to hold a community event as defined in
this chapter within the boundaries of the City who is subject to the
laws, rules and regulations of this chapter and the Code of Ordinances
of the City of Poughkeepsie.
A gathering of 25 or more persons in such manner as shall
have been planned in advance around a central theme or purpose which
uses or occupies space on public property, including but not limited
to public streets and sidewalks, public parks, City-owned or controlled
buildings, public waterways, public airspace, public highways and
thoroughfares, docks, walkways, bridges, mains or transmission lines,
berms, shoulders or lands auxiliary or adjacent thereto, in such manner
as would interfere with, obstruct, preclude or otherwise impact upon
the normal and ordinary use thereof by the general public, and all
such uses as the City may regulate or control as to time, place and
manner under the provisions of any and all applicable laws, rules
and regulations. Such events shall include but are not limited to
festivals, parades, rallies, fairs, celebrations, ceremonies, marches,
demonstrations, exhibitions, flea markets, farmers markets, performances,
arts and cultural events, block parties, ward parties, and any other
occurrence involving public gathering and/or attendance which is not
otherwise considered a matter of right or exercise of free speech
under prevailing law such as to be exempt from governmental regulation.
For purposes of this chapter, the game of bingo shall be excluded
as a community event.
A person who uses a vehicle, wagon, pushcart, stall, booth,
table or any other method to display or exhibit or otherwise use for
commercial purposes any goods, wares, merchandise, products, foods,
beverages, crafts, materials, clothing or other items for sale or
distribution to the general public during a community event.
A business organization defined and qualifying as such under
the laws, rules and/or regulations of the federal government or of
any state.
A community event for which the Common Council has appropriated
funds into the annual budget, and where the costs shall be paid entirely
by the City, including but not limited to materials, equipment, labor
and contracted services. Such events are authorized each year by the
City Administrator.
A community event, authorized as such by the City Administrator,
where the costs are shared between the City and the applicant or co-sponsor,
in such proportion as shall be approved by the City Administrator,
including but not limited to materials, equipment, labor, cash donations
and contracted services.
An annual community event sponsored by a City Common Councilmember,
on behalf of his or her ward, which shall be funded by a budget line
item, designated for that purpose, on the budget approved by the Common
Council for the year in which the event shall be held.
