[HISTORY: Adopted by the Town Board of the Town of Schodack 4-24-1989 as L.L. No. 1-1989. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- CHIEF OF POLICE
- The Chief of Police of the Town of Schodack.
- Any parade, march, procession or demonstration of any kind or any similar display in or upon any street, park or other public place in the Town of Schodack.
- PARADE PERMIT
- A permit as required by this chapter.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- The Town of Schodack.
- TOWN BOARD
- The duly constituted legislative body of the Town of Schodack.
No person shall engage in, participate in, aid, form or start any parade unless a parade permit shall have been obtained from the Chief of Police.
This chapter shall not apply to:
Students going to and from school, classes or participating in educational activities, provided that such conduct is under the immediate direction and supervision of the proper school authorities;
A governmental agency acting within the scope of its functions; and
Regularly scheduled activities of organized youth groups, e.g., Cub Scouts, Little League, etc.
For purposes of this chapter, a parade conducted by a fire company or fire district shall be subject to the provisions of this section, except that no fee shall be required of such fire company or fire district.
A person seeking issuance of a parade permit shall file an application with the Chief of Police on forms provided by the Chief of Police.
The application for a parade permit shall set forth the following information:
The name, address and telephone number of the person or persons seeking to conduct such parade.
If the parade is proposed to be conducted for, on behalf of or by an organization, the name, address and telephone number of the headquarters of the organization and of the authorized and responsible heads of such organization.
The name, address and telephone number of the person who will be the parade Chairman and who will be responsible for its conduct.
The date when the parade is to be conducted.
The route to be traveled, the starting point and the termination point.
The approximate number of persons who will constitute such parade, and if there are animals and vehicles, the type of animals and description of the vehicles.
The hours when such parade will start and terminate, and the time at which units of the parade will begin to assemble at any such assembly area or areas.
A statement as to whether the parade will occupy all or only a portion of the width of streets proposed to be traversed.
The location by streets of any assembly areas for such parade.
If the parade is designed to be held by, on behalf of or for any person other than the applicant, the applicant for such permit shall file with the Chief of Police a communication in writing from the person proposing to hold the parade, authorizing the applicant to apply for the permit on his behalf.
The Chief of Police shall issue a permit as provided for hereunder, when from a consideration of the application and from such other information as may be obtained otherwise, he finds that:
The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route.
The conduct of the parade will not require the diversion of so great a number of police officers of the town to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection to the town.
The concentration of persons, animals and vehicles at assembly points of the parade and the conduct thereof will not unduly interfere with proper fire and police protection of or ambulance services to areas contiguous to such assembly areas and the town in general.
The conduct of such parade will not interfere with the movement of fire-fighting equipment en route to a fire or normal ambulance service.
The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays enroute.
The parade is not designed to be held purely for private profit.
The Chief of Police shall act upon the permit within 30 days of its receipt. If the Chief of Police disapproves the application, notice thereof, including the reasons for the denial, shall be promptly given to the applicant.
The Chief of Police, in denying an application for a parade permit, shall be empowered to authorize the conduct of the parade on a date, at a time or over a route different from that named by the applicant, if so requested by the applicant.
Any applicant denied a parade permit by the Chief of Police may appeal, in writing, to the Town Board within 10 days of the denial. The time to so appeal may be extended, at the discretion of the Town Board. The applicant, upon appeal, shall be entitled to argue his case before the Town Board. The Town Board is hereby empowered to affirm, modify or reverse the decision of the Chief of Police. The Town Board may attach any conditions to a permit, should it determine the permit should be granted.
Each parade permit which is granted shall state the following information:
Interference. No person shall unreasonably hamper, obstruct or impede or interfere with any parade or parade assembly, or with any person, vehicle or animal participating or used in a parade.
Driving through parades. No driver of a vehicle shall drive between the vehicles or persons comprising a parade when such vehicles or persons are in motion and are conspicuously designated as a parade.
Parking on parade route. The Chief of Police shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a highway or part thereof constituting a part of a parade route. The Chief of Police shall post signs to such effect, and it shall be unlawful for any person to park or leave unattended any vehicles in violation thereof. No person shall be liable for parking on a street unposted in violation of this chapter.
There shall be submitted with each application a fee to cover the cost of issuing such permit, a sum which shall be established by resolution of the Town Board.
Any person committing an offense against any of the provisions of this chapter shall be punished, upon conviction, by a fine not exceeding $250 or by imprisonment not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.