Village of Buchanan, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Buchanan 1-19-1981 by L.L. No. 1-1981 (Ch. 32A of the 1971 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 189.

§ 125-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
CHIEF OF POLICE
The Chief of Police of the Village of Buchanan.
PARADE
Any parade, march, ceremony, show, exhibition, pageant, procession and demonstration of any kind or any similar display in or upon any street, park or other public place in the Village, conducted by more than 25 persons.
PARADE PERMIT
A permit as required by this chapter.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
VILLAGE
The Village of Buchanan.

§ 125-2 Permit required; exceptions.

A. 
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.
B. 
Exceptions. This chapter shall not apply to the following:
(1) 
Funeral processions.
(2) 
Wedding processions.
(3) 
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. This exception does not apply to parades organized by a school or anybody thereof more than 24 hours prior to its occurrence.
(4) 
A governmental agency acting within the scope of its functions.

§ 125-3 Application for permit; late applications.

A person seeking issuance of a parade permit shall file an application with the Chief of Police on forms provided by the Village Clerk.
A. 
Filing period. An application for a parade permit shall be filed with the Chief of Police not less than 10 days nor more than one year before the date on which it is proposed to conduct the parade.
B. 
Contents. The application for a parade permit shall set forth the following information:
(1) 
The name, address and telephone number of the person or persons seeking to conduct such parade.
(2) 
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.
(3) 
The name, address and telephone number of the person who will be the parade chairman and who will be responsible for its conduct.
(4) 
The date when the parade is to be conducted.
(5) 
The route to be traveled, the starting point and the termination point.
(6) 
The approximate number of persons who and animals and vehicles which will constitute such parade, the type of animals and description of the vehicles.
(7) 
The hours when such parade will start and terminate.
(8) 
A statement as to whether the parade will occupy all or only a portion of the width of the streets proposed to be traversed.
(9) 
The location by streets of any assembly areas for such parade.
(10) 
The time at which units of the parade will begin to assemble at any such assembly area or areas.
(11) 
If the parade is designed to be held by and on behalf of or for any person other than on the application, 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.
(12) 
Any additional information which the Chief of Police shall find reasonably necessary to a fair determination as to whether a permit should issue.
C. 
Late applications. The Chief of Police, where good cause is shown therefor, shall have the authority to consider any application hereunder which is filed less than 10 days before the date such parade is proposed to be conducted.

§ 125-4 Standards for issuance of permit.

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 otherwise be obtained, he finds that:
A. 
The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route.
B. 
The conduct of the parade will not require the diversion of so great a number of police officers of the Village to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection to the Village.
C. 
The conduct of such parade will not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the Village other than that to be occupied by the proposed line of march and areas contiguous thereto.
D. 
The concentration of persons, animals and vehicles at assembly points of the parade will not unduly interfere with proper fire and police protection of, or ambulance services to, areas contiguous to such assembly areas.
E. 
The conduct of such parade will not interfere with the movement of fire-fighting equipment en route to a fire.
F. 
The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route.
G. 
The parade is not designed to be held purely for private profit.

§ 125-5 Time for decisions; denial.

The Chief of Police shall act upon the application for a parade permit within five days after the filing thereof. If the Chief of Police disapproves the application, he shall mail to the applicant, within five days after the day upon which the application was filed, a notice of his action, stating the reasons for his denial of the permit.

§ 125-6 Appeals.

Any person aggrieved shall have the right to appeal the denial of a parade permit to the Village Board. The appeal shall be taken within five days after notice. The Village Board shall act upon the appeal within 14 days after its receipt; late applications rejected under § 125-3C may be appealed as soon as the Village Board convenes.

§ 125-7 Alternate permits.

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. An applicant desiring to accept an alternate permit shall, within seven days after notice of the action of the Chief of Police, file a written note of acceptance with the Chief of Police. An alternate parade permit shall conform to the requirements of and shall have the effect of a parade permit under this chapter.

§ 125-8 Notice to officials.

Immediately upon the issuance of a parade permit, the Chief of Police shall send a copy thereof to the following:
A. 
The Mayor.
B. 
The Village Attorney.
C. 
The Village Clerk.

§ 125-9 Contents of permit.

Each parade permit shall state the following information:
A. 
The starting time.
B. 
The portions of the streets to be traversed that may be occupied by the parade.
C. 
The maximum length of the parade in miles or fractions thereof.
D. 
Such other information as the Chief of Police shall find necessary to the enforcement of this chapter.

§ 125-10 Compliance required; possession of permit.

A. 
A permittee hereunder shall comply with all permit directions and conditions and with all applicable laws.
B. 
Possession of permit. The parade chairman or other person heading or leading such activity shall carry the parade permit upon his person during the conduct of the parade.

§ 125-11 Interference with parade unlawful.

A. 
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.
B. 
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.
C. 
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 route of a parade. The Chief of Police shall post signs to such effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof. No person shall be liable for parking on a street unposted in violation of this chapter.

§ 125-12 Revocation of permit.

The Chief of Police shall have the authority to revoke a parade permit issued hereunder upon a violation of the standards for issuance as herein set forth.

§ 125-13 Penalties for offenses.

Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a violation and, upon conviction thereof, shall be fined in an amount not exceeding $50 or be imprisoned for a period not exceeding 10 days, or be both so fined and imprisoned. Each day such a violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.