Town/Village of East Rochester, NY Chapter 128 Parades and Processions

[HISTORY: Adopted by the Governing Body of the Town/Village of East Rochester 2-9-1983 by L.L. No. 2-1983 as Ch. 128 of the 1983 Code; amended in its entirety 3-8-1999 by L.L. No. 1-1999. Subsequent amendments noted where applicable.]

§ 128-1 Permit required.

A. No procession or parade expected to contain 200 or more persons or 50 or more vehicles shall occupy, march or proceed along any street except in accordance with a permit issued by the Chief of Police and such other regulations as are set forth herein which may apply.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

B. 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 Chief of Police, 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.

§ 128-2 Exceptions.

The provisions of this chapter shall not apply to:

A. Processions or parades when all persons taking part therein are policemen, firemen, members of the Armed Forces of the United States or of the State of New York or veterans of such forces or officials of governmental units.

B. Processions or parades declared by resolution of the Board of Trustees to be a part of official Town/Village ceremonies or to be sponsored by the Town/Village.

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

§ 128-3 Issuance of permit.

Upon application in such form as the Chief of Police shall require, duly made not less than seven days, not counting holidays or Sundays, prior to the proposed date of the procession or parade, a permit for the procession or parade shall be issued by the Chief of Police 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 subject application.

B. The procession or parade would conflict with a procession or parade to which this chapter does not apply.

C. The Mayor, Chief of Police or Fire Chief shall determine 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 designed purely for private profit.

§ 128-4 Review of permit application.

A. The Chief of Police shall promptly mail or deliver written notice to the Mayor and the Fire Chief of any and all applications for permits under this chapter. If the Chief of Police determines, or is advised by the Mayor or Fire Chief, that the procession or parade for which a permit is sought would endanger public health or safety or would be detrimental to the public welfare, he shall promptly notify the members of the Board of Trustees of this determination and shall refrain from issuing the permit sought until directed to do so by resolution of the Board of Trustees.

B. Should the Board of Trustees determine, based upon the information presented to it, that such permit should not be issued because the procession or parade for which a permit is sought would endanger public health or safety or would be detrimental to the public welfare, the Board of Trustees shall, by resolution, deny the issuance of a permit, and the Chief of Police shall mail or deliver written notice of such action to the applicant.

§ 128-5 Permit contents.

Each permit issued under this chapter shall specify the names of the organizations participating, the name of the person or, if a committee without a chairman, the names of the members of the committee chiefly responsible for the marshaling and organization of the procession or parade, the highways through which it may move, how much of these highways in width it may occupy and the date and hours during which it may proceed.

§ 128-6 Public conduct during parade.

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 Chief of Police when such procession or parade and the vehicles or persons participating in it 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 in or used in such a procession or parade.

§ 128-7 Parking along route.

The Police Chief and the Fire Chief 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 chapter 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.

§ 128-8 Penalties for offenses.

Any person who shall violate any of the provisions of this chapter shall, upon conviction, be punishable by a fine of not more than $250 or by imprisonment for a term of not more than 15 days, or by both such fine and imprisonment.