[HISTORY: Adopted by the Town Board of the
Town of Red Hook as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Public assemblies — See Ch. 44.
[Adopted 4-135-1976 by L.L. No. 10-1976]
No procession or parade containing 10 or more
vehicles or 20 or more persons not riding in vehicles shall occupy,
march or proceed along any highway at any time unless a permit to
do so at that time has been obtained from the Town Clerk. No person
shall take part in, aid, form or start any such procession or parade
unless a permit for said procession or parade has been issued by the
Town Clerk, and no person shall take part in any procession or parade
which is proceeding in a manner not in accordance with the terms of
such permit.
The provisions of this article shall not apply
to:
A.
Funeral processions.
B.
Processions or parades declared by resolution of the
Town Board to be a part of official town ceremonies.
C.
Students going to and from school classes or participating
in school activities, provided such conduct is under the immediate
direction and supervision of the proper school authorities.
Applications for permits shall be made to the
Town Clerk not less than seven days (not counting holidays or Sundays)
prior to the proposed date of the procession or parade. Such application
shall require the following:
A.
The names of the organizations participating.
B.
The purpose for which the parade or procession is
to be held.
C.
The name of the person (or persons, in the case of
a committee without a chair) chiefly responsible for the marshaling
and organization of the procession or parade.
D.
The date and hours during which the parade or procession
is proposed to be held.
E.
The number of persons expected to participate in the
parade or procession.
G.
The proposed route over which the parade or procession
will pass.
H.
Measures to be taken to ensure proper organization
and movement of the parade or procession and adequate crowd control.
I.
Any other information which may be required by the
Town Board.
The Town Clerk shall promptly mail written notice
to the Town Supervisor and the Chief of Police of any and all applications
for permits under this article. If advised by either official that
the procession or parade for which the permit is sought would endanger
public health or safety or be detrimental to the public welfare, the
Town Clerk shall promptly notify the members of the Town Board that
he or she has been so advised and shall refrain from issuing the permit
sought until directed to do so by resolution of the Town Board.
Upon application duly made, as provided in § 95-3, and approved by the Chief of Police and the Town Supervisor, or the Town Board, as provided in § 95-4, a permit for the procession or parade shall be issued by the Town Clerk within five days (not counting holidays or Sundays) after the application is made, unless:
A.
The procession or parade for which a permit is sought
would conflict with another procession or parade for which a permit
is to be or has been issued and for which application was made previous
to the application to be rejected.
B.
The procession or parade would conflict with a procession
or parade to which this article does not apply.
C.
The Town Supervisor or Chief of Police shall advise
the Town Clerk that the procession or parade for which a permit is
sought would endanger the public health or safety or would be detrimental
to the public welfare.
D.
The procession or parade is to be held for the purpose
of advertising any commercial product, goods or event or is designated
purely for private profit.
Each permit issued under this article shall
specify:
A.
The names of the organizations participating.
B.
The name of the person (or persons, if a committee
without a chair) chiefly responsible for the marshaling and organization
of the procession or parade.
C.
The highways through which the parade or procession
may move and how much of these highways in width it may occupy.
D.
The date and the hours during which the parade or
procession may proceed.
No person shall drive any vehicle between the
vehicles or persons comprising a procession or parade proceeding in
accordance with the terms of a permit therefor duly issued by the
Town Clerk when such vehicles or persons are in motion and are conspicuously
designated as a procession or parade, nor shall any person unreasonably
hamper, obstruct, impede or interfere with any person, vehicle or
animal participating or being used in such a procession or parade.
The Chief of Police shall have the authority
to prohibit or restrict the parking of vehicles along a highway or
part thereof constituting a part of the route of a procession or parade,
and to cause signs to such effect to be posted, and it shall be unlawful
and a violation of this article for any person to park or leave unattended
any vehicle upon any highway or portion thereof in violation of prohibitions
so posted along said highway or portion thereof.
Any person violating the provisions of this
chapter shall be subject to a fine of not more than $250 or imprisonment
for not more than 15 days, or both.
[Adopted 5-25-2016 by L.L. No. 3-2016]
As used in this article, the following terms shall have the
meanings indicated:
A designated area within which the public streets shall be
closed for a neighborhood party.
A neighborhood block party, celebration or event, but shall
not include a garage sale, yard sale, bazaar, rummage sale or other
similar activity having the principal purpose as fundraising for an
individual or organization, nor shall it include a political meeting
or rally, carnival or theatrical or musical performances, such as
rock concerts or similar events.
A Town street, highway or road.
A.
The Town Board shall be authorized to issue a permit for the temporary
blocking of a street for the purpose of holding a party. At least
21 days before the commencement of such party, an application for
such permit shall be filed by a bona fide resident of the street to
be blocked, who is over the age of 18, and such application shall
contain at least the following information:
B.
The application may require such additional information as the Town
Board shall prescribe by resolution.
The application shall be accompanied by a fee and deposit as
set forth by the Town Board by resolution, which shall be refundable
in the event that the permit is denied. The permit shall be granted
by the Town Board upon determining that the party is authorized. The
permit shall be denied if the Town Board finds that blocking the street
or portion thereof on the date requested in the application will unduly
interfere with the flow of vehicular traffic or upon determining that
the party is not authorized. The Town Board shall advise the applicant,
in writing, of the reason for denial of the application.
A permit issued pursuant to this chapter shall be valid only
for the date and the hours specified in the permit.
The applicant shall be responsible for removal of litter, debris
and other materials from the street or portion thereof used for the
party which is attributable to or caused by the party.
A street or portion thereof blocked off for a party shall not
be obstructed by obstacles which cannot be readily moved to allow
emergency and hazard vehicles to enter it in response to an emergency.
No more than two permits shall be granted by the Town Board
in any calendar year for the same block or blocks.
The persons, organization or association to whom the permit
is issued shall be liable for all losses, damages or injuries sustained
by any person, whether a participant or spectator at the block party
or recreational event, whether or not said losses, damages or injuries
arise by reason of the negligence of the person, persons or organization
to whom such permit shall have been issued. The Town Board shall require
the applicant to enter into a hold-harmless agreement, which agreement
shall provide that the applicant shall agree to save and hold the
Town harmless of and from any and all obligations and liabilities
which may arise from the temporary street closing which represents
the subject matter of the application. The applicant shall further
agree as part of these provisions to hold harmless the Town and to
defend at his own cost and expense any claims or lawsuits instituted
by third parties, which obligations or liabilities might otherwise
exist or be asserted against the Town. The Town Board shall further
have the option to require that, prior to the issuance of a permit
or commencement of the temporary street closing for commercial advertising
purposes or profit, the applicant submit evidence of liability insurance
covering damages to property and injuries to members of the general
public arising out of the temporary street closing in such amounts
as may be determined by the Town Board.
Any person, firm or corporation who shall violate any provision
of this chapter shall, upon conviction, be subject to a penalty of
not more than $250, or imprisonment for a term not to exceed 15 days,
or both. Each day's continued violation shall constitute a separate
offense.
