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HomeMy WebLinkAboutLocal Law 4 2013 filing form - Provide for Regulation of Parades and Special Events.pdf New York State Department of State Division of Corporations, State Records and Uniform Commercial Code One Commerce Plaza, 99 Washington Avenue Albany, NY 12231-0001 www.dos.state.ny.us/corps Local Law Filing (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. County City Town X Village (Select one:) of Cayuga Heights Local Law No. 4 of the year 2013 A local law (Insert Title) A LOCAL LAW TO PROVIDE FOR REGULATION OF PARADES AND SPECIAL EVENTS. Be it enacted by the Board of Trustees of the (Name of Legislative Body) County City Town X Village (Select one:) of Cayuga Heights as follows: See Attached Page 1A - 3A (If additional space is needed, attach pages the same size as this sheet, and number each.) VILLAGE OF CAYUGA HEIGHTS Proposed Local Law 4 of the year 2013 A LOCAL LAW TO PROVIDE FOR REGULATION OF PARADES AND SPECIAL EVENTS. Be it enacted by the Board of Trustees of the Village of Cayuga Heights as follows: SECTION I PURPOSE AND INTENT The purpose of this Local Law is to establish regulations governing the time, place and manner of parades and special events that take place in the Village of Cayuga Heights (the “Village”). The intent of this Local Law is to establish a permit process for the conduct of parades and special events and to provide reasonable restrictions in connection with the conduct of parades and special events in order to maintain public safety. SECTION II AUTHORITY This Local Law is enacted pursuant to the grant of powers to local governments provided for in Section 10 of the Municipal Home Rule Law to adopt and amend local laws not inconsistent with the provisions of the New York State Constitution or not inconsistent with any general law relating to its property, affairs, government or other subjects provided for in said Section 10 of the Municipal Home Rule Law. SECTION III DEFINITIONS A. Parade. A procession of any kind on a public street, road, or highway in the Village and that does not comply with other State or Village Local Laws, regulations or ordinances governing the use of Village streets, roads, or highways. B. Public Place. Any area or location to which the general public has unrestricted access; however, the term public place shall not include the interior floor space of any building or any area covered by any part of a building’s roof. C. Special Event. Any event, occasion or celebration open to the public and held at or upon any public street, road, highway or sidewalk or public park or other public place, or conducted at such a location and in such a manner as to significantly impact, impair or limit the public’s access to any public street, road, highway or sidewalk or public park or other public place. SECTION IV PERMIT REQUIRED Unless authorized by resolution of the Board of Trustees of the Village, any parade or special event in the Village, at any time on any public street, road, or highway or other public place, requires a permit issued by the Village Clerk in accordance with the provisions of this Local Law. The permit will specify the timeline for the parade or special event and any conditions to be satisfied in arranging or conducting the parade or special event, such as safety planning, provision of insurance or indemnification to the Village, and reimbursement of costs incurred by the Village. The Chief of Police will review and approve or deny permit applications. If the Chief of Police does not approve an application, the applicant may appeal to the Board of Trustees, and the Board of Trustees will promptly consider the application. The Board of Trustees may deny an application based on threats to public safety, failure to provide satisfactory planning or information, Page 1A or scheduling conflicts with other events. No permit will be issued for a parade or special event to be held primarily for private profit. Upon applying for a permit, the applicant will pay a permit fee as stated on the application form, however, the applicant may request, and the Board of Trustees may grant, a waiver of such fee. SECTION V PUBLIC CONDUCT DURING PARADE OR SPECIAL EVENT No person shall drive any vehicle between the vehicles, persons or animals participating in a parade proceeding in accordance with the terms of a permit issued therefor by the Village Clerk when such parade is underway or is conspicuously designated as a parade or when the vehicles, persons or animals participating in the parade are in motion or are readily identifiable as participating in a parade. No person shall hamper, obstruct, impede or interfere with any person, vehicle or animal participating in or used in a parade or special event. SECTION VI PARKING PROHIBITIONS The Police Chief shall have the authority to prohibit or restrict the parking of vehicles along the street(s), road(s), highway(s), sidewalk(s) or other public place(s) constituting any part of the route of a parade, or adjacent to the location of a special event, and to cause signs to such effect to be posted. It shall be unlawful and a violation of this Local Law for any person to park or leave unattended any vehicle in a location in violation of any parking prohibitions or restrictions so posted. SECTION VII CONSTRUCTION WITH OTHER LAWS AND REGULATIONS Any individual, partnership, limited liability company, corporation or other legal entity that is issued a permit in accordance with this Local Law must also comply with: A. Article 36 of the Village Laws entitled Noise. B. Article 22 of the Village Laws entitled Alcoholic Beverages Open Container prohibition. C. Article 10 of the Village Laws entitled Hawkers, Peddlers and Solicitors. SECTION VIII PENALTIES FOR VIOLATIONS A. Any violation of this Local Law is hereby declared to be an offense. For conviction of a first offense, the violator shall be subject to a fine in the minimum amount of $50 and the maximum amount of $250. B. For conviction of a second or subsequent offense which was committed within a period of one (1) hour from the commission of the prior offense, the violator shall be subject to a fine in the minimum amount of $100 and the maximum amount of $400. C. For the conviction of a third or subsequent offense which was committed within any continuous 24 hour period, the violator shall be subject to a fine in the minimum amount of $250 and the maximum amount of $750. SECTION IX SUPERSEDING EFFECT All ordinances, local laws, resolutions, rules, regulations and other enactments of the Village of Cayuga Page 2A Heights in conflict with the provisions of this Local Law are hereby superseded to the extent necessary to give this Local Law full force and effect. SECTION X VALIDITY The invalidity of any provision of this Local Law shall not affect the validity of any other provision of this Local Law that can be given effect without such invalid provision. SECTION XI EFFECTIVE DATE This Local Law shall be effective immediately upon filing in the office of the Secretary of State, except that it shall be effective from the date of its service as against a person served with a copy thereof, certified by the Village Clerk, and showing the date of its passage and entry in the Minutes of the Village Board of Trustees. Page 3A (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 4 of 2013 of the (County)(City)(Town) Village of Cayuga Heights as duly passed by the Board of Trustees on September 9, 2013, in accordance with the applicable provisions of law. 2. (Passable by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. ___ of 20 ___ of the (County)(City)(Town)(Village) of ___________ was duly passed by the on 20___, and was (approved) (not approved) (Name of Legislative Body) (repassed after disapproval) by the ___________________ and was deemed duly adopted on (Elective Chief Executive Officer*) on ______________________ 20____, in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. ___ of 20 ___ of the (County)(City)(Town)(Village) of ___________ was duly passed by the on 20___, and was (approved) (not approved) (Name of Legislative Body) (repassed after disapproval) by the ___________________ and was deemed duly adopted on (Elective Chief Executive Officer*) Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on ______________________ 20____, in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. _______ of 20 ____ of the (County)(City)(Town)(Village) of __________ was duly passed by the on 20___, and was (approved) (not approved) (Name of Legislative Body) (repassed after disapproval) by the __________________ on _________ 20____. Such local (Elective Chief Executive Officer*) law was subject to permissive referendum and no valid petit ion requesting such referendum was filed as of __________________ 20 ____, in accordance with the applicable provisions of law. *Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county -wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town wh ere such officer is vested with the power to approve or veto local laws or ordinances. 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. ___of 20 ___ of the City of __________ having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on ________________ 20_____, became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No. ___ of 20 ___ of the County of _________State of New York, having been submitted to the electors at the General Election of November ______ 20 ____, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph ________ above. ____________________________________ Clerk of the county legislative body, City, Town or Village Clerk or officer designated by local legislative body (SEAL) Date: September 10, 2013 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF TOMPKINS I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. ___________________________________ Signature Village Attorney _______________________________________________ Title Village of Cayuga Heights ______________________________________________ DATE: ________________________________________