[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.
As used in this chapter, the following terms shall have the
meanings indicated:
The Chief of Police of the Village of Buchanan.
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.
A permit as required by this chapter.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
The Village of Buchanan.
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.
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.
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.
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.
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.
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.
Immediately upon the issuance of a parade permit, the Chief
of Police shall send a copy thereof to the following:
Each parade permit shall state the following information:
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.
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.
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.
