Town of Stony Point, NY
Rockland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Stony Point 7-10-1970; amended in its entirety 9-13-2011 by L.L. No. 4-2011. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 148.
Peddling and soliciting — See Ch. 159.
Solid waste — See Ch. 182.
Streets and sidewalks — See Ch. 187.
Vehicles and traffic — See Ch. 205.
The purpose of this chapter is to protect the public health, safety and welfare by regulating public assemblies within the Town of Stony Point, New York.
As used in this chapter, the following terms shall have the meanings indicated:
MASS GATHERINGS
Any assemblage or gathering of people with or without the levy of an admission fee; however, such "mass gathering" shall not include any activity having less than 50 people in attendance, nor shall the term apply to operations, activities or affairs of any duly established municipal institution located in the Town of Stony Point.
MOTORCADE
An organized procession, 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 ASSEMBLIES
An assembly of persons upon any public street, sidewalk or alley which impedes or tends to impede pedestrian or vehicular traffic.
It shall be unlawful for any person to conduct a parade, motorcade, public assembly or mass gathering in or upon any public street, sidewalk or alley in the Town or knowingly participate in any such parade, motorcade, public assembly or mass gathering unless and until a permit to conduct such parade, motorcade, public assembly or mass gathering has been obtained.
No person shall knowingly join or participate in any parade, motorcade, public assembly or mass gathering conducted under permit in violation of any terms of said permit nor knowingly join or participate in any permitted parade, motorcade, public assembly or mass gathering without the consent and over the objection of the permittee nor in any manner interfere with its progress or orderly conduct.
A. 
Any person who desires to conduct a parade, motorcade, public assembly or mass gathering shall apply to the Town Board for a permit at least 45 days in advance of the date of the proposed parade, motorcade, public assembly or mass gathering. The Town Board may, in its discretion, schedule a public hearing prior to issuing a permit where a majority of the Board determine that any of the following criteria exist based on the application and that a public hearing is warranted:
(1) 
The proposed event may require use of significant Town resources; and/or
(2) 
The proposed event may result in substantial inconvenience to persons residing in or traveling through the Town of Stony Point; and/or
(3) 
The proposed event is a substantially large gathering expected to involve more than 250 persons; and/or
(4) 
Other unusual circumstances exist, as determined and identified by the Town Board, that warrant a public hearing on the issuance of a permit;
B. 
Said application shall be submitted to the Town Clerk and to the Town Board who may, in its discretion, issue a permit by a majority vote. If the Town Board determines that a public hearing is warranted, no permit shall be issued, if at all, until after the close of the public hearing.
C. 
The Town Board may, at its discretion, consider any application for a permit to conduct a parade, motorcade, public assembly or mass gathering which is filed less than 45 days prior to the date such parade, motorcade, public assembly or mass gathering is to be conducted. If the Town Board determines that a public hearing is warranted for an application, the Town Board shall only consider an application filed with less than 45 days' notice if the public hearing can be timely noticed and held before the event.
D. 
The application for a permit shall be made in writing on a form approved by the Town Board. In order that adequate arrangements may be made for the proper policing of the parade, motorcade, public assembly or mass gathering, the application shall contain the following information:
(1) 
The name of the applicant, the sponsoring organization, the parade, motorcade, public assembly or mass gathering chairman and the address and telephone number of each.
(2) 
The purpose of the parade, motorcade, public assembly or mass gathering, the date when it is proposed to be conducted, the location of the assembly area, the location of the disbanding area, the route to be traveled and the approximate time when the parade, motorcade, public assembly or mass gathering will assemble, start and terminate.
(3) 
A description of any individual floats, marching units, vehicles and bands.
(4) 
The number of persons expected to attend such event and the location thereof.
(a) 
The date or dates thereof.
(b) 
The duration of the event.
(c) 
The means of accommodating said persons as to:
[1] 
Food.
[2] 
Shelter (if overnight stay is requested).
[3] 
Facilities for toilet and other personal sanitary needs for men and women.
[4] 
Emergency first aid.
[5] 
Parking of cars, showing the means of ingress, egress and parking areas.
[6] 
Provision for public safety, guards or special police assisting in the control of traffic and the supervision of those persons attending the event.
(5) 
Each applicant shall submit a statement specifying whether food or beverage is intended to be prepared, sold and distributed. If food or beverages are intended to be prepared, sold or distributed, each applicant shall submit a statement specifying the manner of preparation and distribution of such and the method of disposal of garbage, trash, rubbish or any other refuse arising therefrom.
(6) 
Each applicant for a permit shall submit proof of an adequate comprehensive liability insurance policy, issued by a reputable insurance company, insuring the Town of Stony Point, its officers and employees from liability to persons or property with limits of not less than $1,000,000 and naming the Town of Stony Point, its officers and employees as being coinsured persons or as additional insured parties. Such policies shall not be cancelable by the insurer without ten (10) days' prior written notice to the Town of Stony Point.
(7) 
A separate permit is required for each such event.
(8) 
Such other information as the Town Clerk may deem reasonably necessary.
E. 
The Town Board may, upon a showing of good cause that certain conditions or requirements as hereinbefore set forth are not applicable or would cause an unreasonable burden upon the applicant, modify the foregoing requirements after review of the circumstances presented by the applicant.
A. 
Standards for issuance. The permit shall be issued for a parade, motorcade, public assembly or mass gathering, conditioned upon the applicant's written agreement to comply with the terms of such permit, unless it is found that:
(1) 
The time, route and size of the parade, motorcade, public assembly or mass gathering will disrupt to an unreasonable extent the movement of other vehicular and pedestrian traffic.
(2) 
The parade, motorcade, public assembly or mass gathering is of a size or nature that requires the diversion of so great a number of police officers to properly police the line of movement and the areas contiguous thereto that allowing the parade, motorcade, public assembly or mass gathering would deny reasonable police protection to the Town.
(3) 
Such parade, motorcade, public assembly or mass gathering will interfere with another parade, motorcade, public assembly or mass gathering for which a permit has been issued.
B. 
Standards for denial. The permit shall be denied for a parade, motorcade, public assembly or mass gathering permit, and the applicant notified of such denial where:
(1) 
There is a 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.
C. 
No mass gathering authorized pursuant to the provisions of this chapter shall be held or conducted between the hours of 10:00 p.m. and 9:00 a.m.
A. 
In each permit there may be specified:
(1) 
The assembly area and time therefor.
(2) 
The starting time.
(3) 
The minimum and maximum speeds.
(4) 
The route of the parade, motorcade, public assembly or mass gathering.
(5) 
What portions of streets, sidewalks or alleys to be traversed may be occupied by such parade, motorcade, public assembly or mass gathering.
(6) 
The maximum number of platoons or units and the maximum and minimum intervals of space to be maintained between the units of such parade, motorcade, public assembly or mass gathering.
(7) 
The maximum length of such parade, motorcade, public assembly or mass gathering in miles or fractions thereof.
(8) 
The disbanding area and disbanding time.
(9) 
The number of persons required to monitor the parade, motorcade, public assembly or mass gathering.
(10) 
The number and type of vehicles, if any.
(11) 
The material and maximum size of any sign, banner, placard or carrying device therefor.
(12) 
That the permittee advise all participants in the parade, motorcade, public assembly or mass gathering, either orally or by written notice, of the terms and conditions of the permit prior to the commencement of such parade, motorcade, public assembly or mass gathering.
(13) 
That the parade, motorcade, public assembly or mass gathering continue to move at a fixed rate of speed and that any willful delay or willful stopping of said parade, motorcade, public assembly or mass gathering, except when reasonably required for the safe and orderly conduct of the parade, motorcade, public assembly or mass gathering, shall constitute a violation of the permit.
(14) 
That the applicant may be required to post a letter of credit or cash deposit suitable to the Town Board as to amount and surety to ensure cleanup and restoration of the area at which such event takes place within 48 hours after the close of the event.
(15) 
That the individual or organization sponsoring or holding parade, motorcade, public assembly or mass gathering shall be responsible to the Town for damage caused to Town property by the participants of the gathering. Likewise, the individual or organization sponsoring or holding the parade, motorcade, public assembly or mass gathering shall indemnify the Town and hold the Town harmless from any liability to third persons or their private property as a result of property damage or personal injury or death caused or attributable to the parade, motorcade, public assembly or mass gathering.
(16) 
That the individual or organization sponsoring or holding the parade, motorcade, public assembly or mass gathering shall be responsible to the Town for the additional costs and expenses incurred by the Town for providing additional police protection and/or additional cleaning or maintenance services for the mass gathering. If the applicant is not the individual or organization sponsoring or holding the parade, motorcade, public assembly or mass gathering, then the Town shall have the right to make a claim against the applicant for reimbursement of the cost and expenses noted above and for reimbursement of any damages sustained to Town property caused by the participants in the parade, motorcade, public assembly or mass gathering.
(17) 
Such other requirements as are found by the Town Board to be reasonably necessary for the protection of persons or property.
B. 
All conditions of the permit shall be complied with so far as reasonably practicable.
C. 
The applicant for a permit shall be responsible for payment of the costs of publication necessary for the public hearing.
Any permit for a parade, motorcade, public assembly or mass gathering pursuant to this chapter may be summarily revoked by the Town Board or Stony Point Police Department at any time, when, by reason of disaster, public calamity, riot or other emergency, it is determined that the safety of the public or property requires such revocation.
A. 
Any person who shall violate any of the provisions of this chapter or of the terms of any permit issued hereunder shall be punishable, upon conviction thereof, by a fine not to exceed $1,000 or imprisonment for a term not to exceed 15 days, or both.
B. 
In addition to the above-provided penalties, the Town of Stony Point may maintain any action or proceeding in the name of the Town in any court of competent jurisdiction, whether at law or in equity, to compel compliance with or to enforce any violation of this chapter.
If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly referred to in said judgment.
This chapter shall take effect immediately upon being filed in the Office of the Secretary of State.