[HISTORY: Adopted by the Board of Trustees of the Village
of Alexandria Bay 5-19-1992 as L.L. No. 7-1992. Amendments noted where
applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 141.
The Board of Trustees of the Village of Alexandria Bay has determined
that the uncontrolled use of village streets, sidewalks, rights-of-way,
parks or public places for public assemblages presents a potential
hazard to the health, safety and welfare of village residents by prohibiting
or impeding the orderly flow of pedestrian and vehicular traffic for
emergency, business and personal matters. In order to protect the
health, safety and welfare of the residents of the Village of Alexandria
Bay, this chapter establishes a means of controlling and regulating
certain public assemblages which might otherwise prohibit or impede
the orderly flow of pedestrian and vehicular traffic within the village.
This chapter shall be known and may be cited as the "Parade
Permit Law of the Village of Alexandria Bay."
As used in this chapter the following terms shall have the meanings
indicated:
- CHIEF OF POLICE
- The Chief of Police of the Village of Alexandria Bay.
- PARADE
- Any parade, march, ceremony, show, exhibition, pageant or procession of any kind or any similar display in or upon any street, sidewalk, right-of-way, park or other public place in the village.
- 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 Alexandria Bay.
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:
(1)
Funeral processions.
(2)
Wedding processions.
(3)
Students going to and from school or classes or participating in
educational activities, provided that such conduct is under the immediate
direction and supervision of 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 such officer.
A.
Filing period. An application for a parade permit shall be filed
with the Chief of Police not less that 45 calendar days nor more than
60 calendar days 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 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 hours when such parade is to be conducted.
(6)
The route to be traveled, the starting point and the termination
point.
(7)
A statement as to whether the parade will occupy all or only a portion
of the width of the streets proposed to be traveled.
(8)
The location by streets of any assembly areas for such parade.
(9)
The approximate number of persons who and animals and vehicles which
will constitute 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, on behalf of or for any
person other than the applicant, 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 parade permit on his behalf.
(12)
Any additional information pertinent to a fair determination as to
whether a parade permit should be issued as required by the Chief
of Police.
C.
A certificate of insurance for each occurrence naming the village
as an additional insured in the minimum amount of $1,000,000 shall
accompany each application.
D.
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 45 calendar days before the date such parade
is proposed to be conducted.
The Chief of Police shall issue a parade 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 or other emergency;
F.
The conduct of the parade is not reasonably likely to cause injury
to persons or property, to provoke disorderly conduct or create a
disturbance;
G.
The parade is scheduled to move from its point of origin to its point
of termination expeditiously and without unreasonable delays;
H.
The parade is not designed to be held purely for private profit;
and
I.
The conduct of the parade will not conflict or interfere with other
parades or demonstrations that have previously obtained parade permits.
The Chief of Police shall act upon the application for a parade
permit within 14 calendar days after the filing thereof. If the Chief
of Police disapproves the application, he shall mail to the applicant,
within 14 calendar days after the day upon which the application was
filed, a notice of his action stating the reasons for his denial of
the parade permit.
Any person aggrieved shall have the right to appeal the denial
of a parade permit to the Village Board of Trustees. The appeal shall
be taken within seven calendar days after the notice. The Village
Board shall act upon the appeal within 14 calendar days after its
receipt.
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 alternative permit
shall, within seven calendar days after notice of the action of the
Chief of Police, file a written note of acceptance with the Chief
of Police. An alternative parade permit shall conform to the requirements
of and shall have the effect of a parade permit under this chapter.
B.
Within five calendar days of receipt of the information forwarded by the Chief of Police under Subsection A of this section, the village officials receiving such information shall provide the Chief of Police their written comments regarding the same. Such written comments shall be considered by the Chief of Police in determining whether to issue a parade permit, deny a parade permit or offer an alternative parade permit to the extent that such comments are relevant to the criteria for issuance listed in § 105-6. The failure of any village official to return written comments to the Chief of Police within five calendar days shall be deemed to be acceptance of the information as presented and acquiescence to the granting of a parade permit.
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 the 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.
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 application of the standards for issuance
as herein set forth.
Any person violating any of the provisions of this chapter shall
be deemed guilty of an infraction and, upon conviction thereof, shall
be fined in an amount not exceeding $250 or be imprisoned for a period
not exceeding 15 days, or be 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.
Any person applying for a permit shall pay a fee for such permit
in an amount to be established from time to time by resolution of
the Village Board of Trustees.[1]
[1]
Editor's Note: A schematic of time lines was attached
to the original local law adopting this chapter and is on file in
the village offices.
