City of Oneonta, NY
Otsego County
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Table of Contents
Table of Contents
[HISTORY: Derived from Articles VI and VIII of Chapter 65 of the 1975 Compilation, as amended through 1996. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Circuses, exhibitions, shows and carnivals — See Ch. 100.
Fireworks — See Ch. 130.
Peddling and soliciting — See Ch. 204.

§ 188-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
MOTORCADE
An organized procession containing 25 or more vehicles, 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 GATHERING OR ASSEMBLAGE
The holding of any meeting of persons in such numbers which, if not controlled or regulated, can reasonably be expected to interfere with the use of public property by others. A public gathering or assemblage of 25 or more persons shall constitute a presumption that such meeting will or can be expected to interfere with the use of public property by others.

§ 188-2 Permits.

It shall be unlawful for any person to conduct a public gathering or assemblage, parade or motorcade in or upon any public street, sidewalk, alley, park or other public place in the city or knowingly participate in any such public gathering or assemblage, parade or motorcade unless and until a permit to conduct such public gathering or assemblage, parade or motorcade has been obtained from the Chief of Police, or as hereinafter provided, from the Common Council.

§ 188-3 Assemblage, parade or motorcade for commercial purposes.

No permit shall be issued authorizing the conduct of a public gathering or assemblage, parade or motorcade which the Chief of Police finds 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.

§ 188-4 Interference with parade or motorcade.

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

§ 188-5 Application for permit.

Any person who wants to conduct a public gathering or assemblage, parade or motorcade shall apply to the Chief of Police for a permit at least 30 days in advance of the date of the proposed public gathering or assemblage, parade or motorcade. The Chief of Police may in his discretion consider any application for a permit to conduct a public gathering or assemblage, parade or motorcade which is filed less than 30 days prior to the date such public gathering or assemblage, parade or motorcade is to be conducted. The application for such permit shall be made in writing on a form approved by the Chief of Police. In order that adequate arrangements may be made for the proper policing of the public gathering or assemblage, parade or motorcade, the application shall contain the following information:
A. 
The name of the applicant, the sponsoring organization, the public gathering or assemblage, parade or motorcade chairman and the addresses and telephone numbers of each.
B. 
The purpose of the public gathering or assemblage, parade or motorcade, the date when it is proposed to be conducted, the location of the assembly area, the approximate time when the affair will assemble, start and terminate and, in the case of a parade or motorcade, the location of the disbanding area and route to be traveled.
C. 
A description of any sound-amplification equipment to be used or other noise-producing devices, including bands or orchestras and, in the case of a parade or motorcade a description of the individual floats, marching units and vehicles to be used.
D. 
Such other information as the Chief of Police may deem reasonably necessary.

§ 188-6 Issuance or denial of permit.

A. 
Standards for issuance. The Chief of Police shall issue a public gathering or assemblage, parade or motorcade permit conditioned upon the applicant's written agreement to comply with the terms of such permit unless the Chief of Police finds that:
(1) 
The time and size of the public gathering or assemblage, parade or motorcade will disrupt to an unreasonable extent the use of public property by others or that in the case of a parade or motorcade the route will disrupt to an unreasonable extent the movement of other traffic.
(2) 
The public gathering or assemblage, parade or motorcade is of a size and nature that requires the diversion of so great a number of police officers of the city to properly police same and the areas contiguous thereto that allowing the public gathering or assemblage, parade or motorcade would deny reasonable police protection to the city.
(3) 
Such public gathering or assemblage, parade or motorcade will interfere with another public gathering or assemblage, parade or motorcade for which a permit has been issued.
B. 
Standards for denial. The Chief of Police shall deny an application for a public gathering or assemblage, parade or motorcade permit and notify the applicant of such denial where:
(1) 
The Chief of Police makes any 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.

§ 188-7 Contents of permit.

A. 
In each permit the Chief of Police shall specify:
(1) 
The assembly area and time therefor.
(2) 
The starting time.
(3) 
The disbanding time or time that the affair is to terminate.
(4) 
The number of persons required to monitor the affair.
(5) 
That the permittee advise all participants in the affair, either orally or by written notice, of the terms and conditions of the permit prior to the commencement of such affair.
(6) 
That the amplification of sound permitted to be emitted from sound trucks, bullhorns or other devices be fixed and not variable.
(7) 
Such other requirements as are found by the Chief of Police to be reasonably necessary for the protection of persons or property.
B. 
In the case of a parade or motorcade, the following shall be specified:
(1) 
The minimum and maximum speeds.
(2) 
The route of a parade or motorcade.
(3) 
What portions of streets to be traversed may be occupied by such parade or motorcade.
(4) 
The maximum number of platoons or units and the maximum and minimum intervals of space to be maintained between the units of such parade or motorcade.
(5) 
The maximum length of such parade or motorcade in miles or fractions thereof.
(6) 
The disbanding area and disbanding time.
(7) 
The number and type of vehicles, if any.
(8) 
The material and maximum size of any sign, banner, placard or carrying device therefor.
(9) 
The materials used in the construction of floats used in any parade shall be of fire-retardant materials and shall be subject to such requirements concerning firesafety as may be determined by the Fire Chief.
(10) 
That the parade or motorcade continue to move at a fixed rate of speed and that any willful delay or willful stopping of said parade or motorcade, except when reasonably required for the safety and orderly conduct of the parade or motorcade, shall constitute a violation of the permit.
C. 
All conditions of the permit shall be complied with so far as reasonably practicable.

§ 188-8 Appeal procedure.

A. 
Upon a denial by the Chief of Police of an application made pursuant to § 188-5 of this chapter, the applicant may appeal from the determination of the Chief of Police within five days thereafter to the Common Council by filing a written notice of appeal for hearing by the Common Council at its next meeting. Upon such appeal, the Common Council may reverse, affirm or modify in any regard the determination of the Chief of Police.
B. 
In the event that an application is not filed within the required time, as specified in § 188-5, the applicant may request a waiver of such requirement by the Common Council at its next regular meeting, or at a special meeting which may be called prior thereto by said Common Council to consider such matter, and the Common Council, if it finds unusual circumstances and in the exercise of its sound discretion, may waive such requirement.

§ 188-9 Officials to be notified.

Immediately upon the granting of a permit for a public gathering or assemblage, parade or motorcade, the Chief of Police shall send a copy thereof to the following:
A. 
The Mayor.
B. 
The Fire Chief.
C. 
The City Engineer.
D. 
The Supervisor of Streets and Parks.

§ 188-10 Revocation of permit.

Any permit for a public gathering or assemblage, parade or motorcade issued pursuant to this chapter may be summarily revoked by the Chief of Police at any time when, by reason of disaster, public calamity, riot or other emergency, the Chief of Police determines 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 personal service or by certified mail.

§ 188-11 Penalties for offenses.

Any person violating any provision of this chapter shall be punished as provided in § 1-18 of this Code.