[Added 6-2-1986]
This article shall be known as the "Parade and
Assembly Ordinance."
[Amended 9-18-1989]
For the purposes of this article, the following
terms shall include each of the meanings set forth:
The Chief of Police of the City of Albany.
The Commissioner of Parks and Recreation of the City of Albany.
A gathering in a public area or park at which more than 25
persons are or can reasonably be expected to be in attendance.
A neighborhood or community festival, field day, carnival,
concert, street parade, walkathon, rally, assembly, demonstration,
fireworks displays, amusement rides, dramatic presentation, similar
events impacting neighborhoods or traffic flow and all events at which
alcoholic beverages will be available for sale and/or consumption
or any combination thereof or other gathering at which more than 50
persons are or can reasonably be expected to be in attendance.
[Amended 8-6-2007 by Ord. No. 55.51.07]
Openings, dedications, sidewalk parades, motorcades, block
parties or any combination thereof or a similar gathering at which
between 25 and 50 persons are or can reasonably be expected to be
in attendance.
A park, playground, recreational center, facility or any
other area in the City owned or used by the City and dedicated, devoted
or used for active or passive recreation.
Written authorization issued pursuant to this article permitting
the performance of a large group event.
One or more persons, corporations, partnerships, associations,
joint-stock companies, societies or any other entity of any kind.
A public street, road, highway, land, place or open space
in the City of Albany.
A large group event occasioned by news or affairs coming
into public knowledge within three days of a large group event.
[Amended 10-21-1991]
A.
No large group event shall be conducted in any public
area or park unless a permit has been obtained from the Chief or Commissioners:
B.
Any request for use of a public area shall be made
to the Chief.
C.
Any request for use of park shall be made to the Commissioner.
D.
The Chief or Commissioner reserves the right to require
special facilities, including but not limited to adequate portable
toilet facilities, where, because of the number of events or persons
in attendance, the time of day, the estimated duration of the event
or any other relevant factor, the Chief or Commissioner determines
that a genuine need for such facilities exists. In addition, the permit
holder involved shall comply with the applicable state and local health
laws and regulations.
E.
The Chief and/or Commissioner shall require the permit
holder to notify the public of any temporary street closures or parking
restrictions to result from the event. Notification may include the
following:
[Amended 8-6-2007 by Ord. No. 55.51.07]
(1)
The issuance of a leaflet to every residence on the
affected street(s) at least 10 days in advance of the event.
(2)
The publication of a display advertisement in at least
one local newspaper of general circulation, as designated by the Common
Council, identifying the street(s) to be affected.
(3)
Such other and further measures as the Chief and/or
Commissioner determine to be reasonable under the circumstances.
[Amended 8-6-2007 by Ord. No. 55.51.07]
No permit is required if the event is conducted under the auspices of a federal, state or local government department, agency, board, institution, commission or authority, except that the entity shall comply with the notification requirements of Subsection E of § 251-19 of this chapter. No permit is required for regularly scheduled athletic or other events that have been otherwise approved by the Commissioner.
A spontaneous large group event shall be permitted
until a permit is issued or denied as long as all persons involved
abide by the rules generally applicable to all parks and public areas.
In the case of the spontaneous large group event, a permit must be
sought by a representative of the large group as soon as practicable
after it becomes apparent that such event will occur or has begun.
The Chief or Commissioner shall establish rules
and regulations necessary to carry out the purposes of this article.
A.
Any request for the use of any park or public area
shall be made to the Chief or Commissioner, respectively, or their
designated agents, in writing.
B.
The request shall include:
(1)
The name, address and telephone number of the applicant.
(2)
The name, address and telephone number of the person,
persons, corporation or association sponsoring the activity, if any.
(3)
A statement indicating the purpose of the event.
(4)
The days and hours for which the permit is desired.
(5)
The expected starting and finishing times of the event
or events.
(6)
Whether an admission fee is to be charged and, if
so, what amount.
(7)
The park, public area or portion thereof for which
such permit is desired.
(8)
Whether alcoholic beverages are to be offered for
sale or consumption.
(9)
An estimate of the anticipated attendance.
(10)
A description of facilities and equipment to
be used, including the number of pieces of equipment for music or
other devices for the amplification of sound.
(11)
A statement indicating any private security
personnel who will be engaged by the applicant to serve on the site.
(12)
A sketch showing the portion of street or streets
requested to be closed, if any.
(13)
The location of parking area for motor vehicles
and the means of ingress and egress to such parking areas.
(14)
Proof of insurance, if required.
(15)
Other information which the Chief or Commissioner
shall find reasonably necessary to a fair determination as to whether
a permit should be issued.
The Chief or Commissioner or his designated
agent shall issue a permit when he finds that:
A.
The proposed activity or use will not unreasonably
interfere with or detract from the general public enjoyment of the
park or public area.
B.
The proposed activity and use will not unreasonably
interfere with or detract from the promotion of public health, welfare,
safety and recreation.
C.
The proposed activity or use is not unreasonably anticipated
to incite violence, crime, disorderly conduct, noise or nuisance.
D.
The proposed activity will not entail unusually extraordinary
or burdensome expense of police operation by the City.
E.
The facilities desired or others in close proximity
have not been reserved for other use at the day and hour required
in the application.
F.
In parks bounded by residential neighborhoods, the
proposed activity will not include outside electronic amplification
before the hour of 10:00 a.m. or after the hour of 6:00 p.m., or for
activities at the Washington Park Lakehouse after the hour of 11:00
p.m.
[Added 8-6-2007 by Ord. No. 55.51.07]
G.
The proposed activity will not damage park grounds,
lawns or landscaping.
[Added 8-6-2007 by Ord. No. 55.51.07]
A permittee shall be bound by all applicable
rules, regulations, ordinances, local laws and statutes as though
they were inserted in each permit.
[Amended 9-18-1989; 10-17-1994 by Ord. No.
55.92.44; 11-25-2002 by Ord. No. 42.112.02; 8-6-2007 by Ord. No. 55.51.07]
A.
A major large-group event fee shall be $55. A minor
large-group event fee shall be $27.50. A major large-group event fee
with 2,500 attendees or more shall be $275. The Chief or Commissioner
is authorized to waive the fee if, in his judgment, the fee would
impose an undue financial burden on the applicant.
The person or persons to whom a permit is issued
shall be liable and shall indemnify the City for any loss, damage
or injury sustained by any person whatever by reason of the negligence
of the person or persons to whom the permit shall have been issued.
Where required in the discretion of the Chief or Commissioner, the
holder of a permit shall present to the City a certificate of insurance
in advance of the event which will provide indemnification in a form
acceptable to the City.
The Chief or Commissioner shall have the authority
to revoke a permit upon a finding of violation of any applicable rule,
ordinance, local law or statute or upon good cause shown.
[Amended 8-6-2007 by Ord. No. 55.51.07]
Upon the issuance of a permit, the Chief or
Commissioner shall deliver to the other appropriate agencies, the
Common Council member(s) representing the affected areas and the representative
of the neighborhood association, as such boundary description is on
file with the Department of Development and Planning, a copy of the
permit.
All security necessary beyond that which is
provided within the regular duties of the Albany Police Department
shall be the responsibility of the applicant.
Public property shall be cleaned, to the satisfaction
of the Chief or Commissioner of all litter and debris and restored
to the condition that existed prior to the large group event. To guarantee
adequate cleaning, the Chief or Commissioner may require the applicant
to deposit an amount of money with the City Treasurer which, in the
discretion of the Chief or Commissioner, will cover cleaning costs
for the event. Said deposit shall be refunded upon satisfactory cleaning
of the park or public area. This shall be determined by the Chief
or Commissioner. If the area is not adequately cleaned, the City shall
notify the applicant. If corrective action is not undertaken within
a reasonable time, the City shall clean the premises, and the applicant
shall forfeit the entire deposit and be further liable for the reasonable
costs of the cleanup.
[Added 8-6-2007 by Ord. No. 55.51.07]
Damage to park landscape is prohibited, including
driving on grass and lawns and parking under trees. Use of paint,
markers or tape on trees, grass or pavements is prohibited. In addition,
walkathons shall be limited to the park pavement and shall avoid any
unpaved paths, lawns or landscaped areas.
A.
The Chief or Commissioner shall have the authority
to close the event if he determines that conditions, including excessive
noise, are a detriment to the health, safety and welfare of the public
or if any conditions of this permit are violated.
B.
It is the responsibility of the permit holder to see
that the group orderly disperses after the event is finished.
Any permit used shall be posted conspicuously
at the event, with starting and finishing times noted.
An offense against the provisions of this article shall constitute a violation and shall be punishable as set forth in Chapter 258, Penalties.
If any section, paragraph, subdivision, clause
or provision of this article shall be adjudged invalid, such adjudication
shall apply only to the section, paragraph, subdivision clause or
provision so adjudged, and the remainder of this article shall be
deemed valid and effective.
