[HISTORY: Adopted by the Board of Trustees of the Village
of Malverne 8-1-2001 by L.L. No. 6-2001 (Ch. 30A of the 1972 Code). Amendments
noted where applicable.]
An assembly of persons on an outside public space, such as a
street, sidewalk or parking lot, for the purpose of recreation, entertainment,
celebration and/or solemn commemoration, which involves the partial
or total obstruction or closing of the public space, or which involves
50 or more persons, requires special permission of the Board of Trustees.
Request for such permission shall be by application to the Village
Clerk, on a form supplied by the Village, submitted no later than
30 calendar days prior to the event, except that an application submitted
less than 30 calendar days prior to an event may be considered by
the Trustees, in their discretion, upon proof that the applicant could
not have foreseen the necessity for the event prior to the date on
or about which the application was submitted. Such events include,
but are not limited to, processions, parades, fairs, parties, concerts
and/or athletic activities. Such events do not include groups in vehicles
being used solely for transportation, such as in connection with a
funeral or a wedding, groups using vehicles in their usual manner,
including bicycles and motorcycles, for the sole purpose of transportation
through the Village; activities sponsored by the Village; authorized
training exercises of Village employees; processions of individuals
going from one inside place to another in short duration, such as
in connection with a school commencement or a religious service. In
granting or denying the special permission, the Trustees shall consider
the recommendations of the Chief of Police, the Superintendent of
Public Works and/or any other Village or governmental department or
agency, as well as their own assessment of inconvenience to the public
and/or economic burden to the Village which may likely occur as a
result of the event.
The Board of Trustees reserves the right to regulate the time and place of activities for which special permission is requested pursuant to § 229-1 above, balancing the interests of the group requesting to use an outside public space to conduct its activity with the safety to persons and places in the Village and the expectation of the Village residents to the quiet enjoyment of their homes.
A.
As a condition of granting permission to conduct an activity which requires special permission pursuant to § 229-1 above, the Trustees may:
(1)
Based
upon a reasonable assessment of risk, require the applicant to provide
evidence of a policy of insurance, in an amount to be determined by
the Trustees, against harm to persons and/or property, and to name
the Village as an additional insured on the policy;
(2)
Based
upon a reasonable assessment of economic burden to the Village, require
the applicant to agree to reimburse the Village for all or part of
the cost of assigning additional Village employees to duties associated
with the event; and/or
(3)
Require
the applicant to agree to have published in a local newspaper the
date, time, place and nature of the event.
The provisions of this chapter shall be administered and enforced
by a Village police officer, code enforcement officer, Building Inspector,
Deputy Building Inspector and/or any such other person or agency as
may be designed by authority of the Board of Trustees.
A violation of this chapter shall constitute an offense punishable as set forth in Chapter 1, Article II, General Penalty, of the Village Code. Each violation shall constitute a separately punishable offense and a continued violation of the same offense shall be counted as a separately punishable offense for each calendar day upon which the violation continues.
Whenever any provision of this chapter is in conflict with any
other provision of this chapter or with any other statute or local
law covering the same subject matter, the most restrictive provision
shall apply.
