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HomeMy WebLinkAboutProposed Local Law A-2013 Regulation of Demonstrations 3rd draft.pdfVILLAGE OF CAYUGA HEIGHTS Proposed Local Law A of the year 2013 A LOCAL LAW TO PROVIDE FOR REGULATION OF THE TIME, PLACE AND MANNER OF PUBLIC DEMONSTRATIONS. 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 public demonstrations that take place in the Village of Cayuga Heights (the Village). The intent of this Local Law is to provide reasonable restrictions in order to maintain public safety, recognizing that the Constitutional rights to peacefully assemble, as provided by the First Amendment of the United States Constitution and Article I, Sections 8 and 9 of the New York State Constitution, are not unlimited. 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. Signs. Any display of words, symbols or other visual images, or any combination thereof, on a two- or three-dimensional structure made of any material or combination of materials. B. Demonstration. A group of twenty-five (25) or more individuals gathered within the Village boundaries with the intention of collectively attracting public attention or promoting a common cause. C. Parade. A procession of any kind on a public street in the Village that is intended to attract public attention or promote a cause and that does not comply with other Village Local Laws, regulations or ordinances governing the use of Village streets. D. Public Place. Any 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. E. Special Event. Any event, occasion or celebration open to the public and held at or upon any public right-of-way, Public Street, Public Park or other public place, or conducted at such a location and in such a manner as to significantly impact the public’s access to any public right-of-way, Public Street, Public Park or other public place. F. Temporary Structures. Any structure erected or placed on public or private property and used in conjunction with a demonstration that consists of a floor or platform, or side or sides, or roof or overhang, or some or all of such components, or in any combination, constructed of any material. SECTION IV. FILING OF A DECLARATION. No individual, partnership, Limited Liability Company, corporation or other legal entity shall hold or cause to be held any demonstration in the Village without first filing not less than five (5) days in advance a declaration with the Village Clerk in accordance with the terms of this Local Law. The declaration will state the time, location and intended purpose of the demonstration. Any person holding a permit issued by the Village for a parade shall not be required to file such declaration in connection with such parade. SECTION V. CONSTRUCTION WITH OTHER LAWS AND REGULATIONS. Any individual, partnership, limited liability company, corporation or other legal entity that files a declaration in accordance with this Local Law must also comply with: A. Any Village Law, Regulation, or Local Ordinance. B. All applicable provisions of the New York State Building and Fire Safety Code. C. All applicable provisions of the New York State Penal and Vehicle & Traffic Laws. SECTION VI. PROHIBITED ACTIONS AND ACTIVITIES. The following actions and activities are prohibited in connection with the conduct of any demonstration: A. Signs larger than 2.5 feet x 5 feet. No sign shall be hung above the street, from a building, bridge or other structure. B. Dangerous materials. No person shall carry or possess any kind, combination or mixture of explosives, fireworks or pyrotechnics, flammable or combustible liquids or compressed or other gases while participating in a demonstration. C. Gas Masks. No person participating in a demonstration shall carry, possess or wear a gas mask or similar device designed to filter air breathed or to protect wearer’s face against irritating, noxious or poisonous gases. D. No person participating in a demonstration shall use, carry, possess any objects or devices that could readily be used to harm any other person. Examples include but are not limited to metal or wooden objects that could be used as weapons and projectile launchers. Items people ordinarily carry are not prohibited such as pen knifes, belts, and lighters. E. Interference with Emergency Services. No person participating in a demonstration shall take any action that is reasonably likely to interfere with fire or police protection or delivery of emergency services to persons or areas in the vicinity of the demonstration. G. Temporary Structures. No temporary structure may be constructed, erected or placed in any location in connection with a demonstration. SECTION VII. RESTRICTED ACTIONS AND ACTIVITIES. The following actions and activities will be restricted as described below. A. Firearms. No person involved in a demonstration shall use, carry or possess any firearm, whether real or a replica, whether for ceremonial use (as in a color guard) or otherwise, unless such use, carrying or possession has been approved in advance in writing by the Village Police Department and is in compliance with all other applicable Village and State laws and regulations concerning such use, carry or possession, including, but not limited to, the requirements of Local Law Number 2 of the year 1999 of the Village. B. Sound-Producing or Amplifying Devices. Sound-producing or amplifying devices may be used during a demonstration provided that such use is in compliance with applicable Village law, including, but not limited to, the Village Noise Ordinance. C. Electricity. Electrical connections are not available on any Village property. Electrical connections from private property and electrical generators will be permitted to be used in connection with demonstrations provided that such connections and use have been inspected by a licensed electrical inspector and verified, in writing, to be in compliance with the National Electric Code and any applicable local and State law and regulations, and a copy of such inspection report has been filed with the Village Clerk prior to such use. 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, or imprisonment not to exceed 15 days, or both. 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, or imprisonment not to exceed 15 days, or both. 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, or imprisonment not to exceed 15 days, or both. SECTION IX. SUPERCEDING EFFECT. All ordinances, local laws, resolutions, rules, regulations and other enactments of the Village of Cayuga 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.