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HomeMy WebLinkAboutProposed Local Law F - Demonstrations - Revised 11-9-12.pdfVILLAGE OF CAYUGA HEIGHTS Proposed Local Law “F” of the year 2012 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. Banner. Any sign, as defined in this Local Law, hung above a street, from a building, bridge or other structure or from a vehicle or towed by a vehicle, including, but not limited to, an aircraft, watercraft or trailer. B. Demonstration. A group of fifteen or more individuals gathered at the same time in the same public place with the intention of collectively attracting public attention or promoting a common cause. C. Parade. A procession of any kind on a public street, road, highway or sidewalk 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, roads, highways or sidewalks. D. 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. E. 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. F. 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. G. 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, construction 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 then fifteen (15) 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 or regulation concerning the construction, erection or use of a temporary structure. B. Article 36 of the Village Laws entitled “Noise.” C. Article 22 of the Village Laws entitled “Alcoholic Beverages Open Container Prohibition.” D. All applicable provisions of the New York State Building and Fire Safety Code. SECTION VI. PROHIBITED ACTIONS AND ACTIVITIES. The following actions and activities are prohibited in connection with the conduct of any demonstration: A. Alcoholic Beverages. No person shall carry or possess an alcoholic beverage in an open container while participating in a demonstration. B. Banners. The erection of banners, as defined herein, is prohibited. C. Explosives, Fireworks and Pyrotechnics. No person shall carry or possess any kind, combination or mixture of explosives, fireworks or pyrotechnics while participating in a demonstration. D. Flammable or Combustible Liquids or Gases. No person participating in a demonstration shall carry or possess flammable or combustible liquids or compressed or other gases. E. Facial Coverings. No person participating in a demonstration shall wear a facial covering, regardless of the material of which such covering is made, that covers such individual’s face between the chin and forehead, except in the case that the facial covering is worn in observance of the wearer’s religion. F. 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. G. Handcuffs. No person participating in a demonstration shall carry, possess or wear handcuffs or similar restraining devices. H. Fencing Material. Materials commonly used for fencing, including barricades which could be used to obstruct or limit the movement or access of persons, may not be carried or possessed by participants in a demonstration. Such fencing material or barricades may be placed at the demonstration site by governmental agencies in order to limit the area in which the demonstration occurs and continue to allow free access to sidewalks, roads and other public places in accordance with local, state and federal law and regulations. I. Injury, Physical. No person participating in a demonstration shall take any action that is reasonably likely to cause physical injury to another person or to property. J. 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. K. Obscene Material. No person participating in a demonstration shall display, carry or possess any obscene material as defined in accordance with Section 235.20 of the New York State Penal Law. L. Noxious Materials; Acid or Base Chemicals. No person participating in a demonstration shall use, carry or possess any acidic or basic chemical or noxious material, regardless of whether in a solid, liquid or gaseous physical state, in any concentration, strength or quantity that could cause harm, pain or physical discomfort to any other person. M. Pipe Material. No person participating in a demonstration shall carry or possess any length of plastic pipe in excess of 1/4" thick, or any metal pipe, metal angle iron, box steel, flat steel or similar material. N. Wood Objects. No person participating in a demonstration shall carry or possess any wooden object unless it is blunted at both ends, it is not in excess of 1/4" thick, not in excess of 2" in width or, if not generally rectangular in shape, not in excess of 3/4" at its thickest point. O. Projectile Launchers. No person participating in a demonstration shall carry, possess or wear any equipment or device intended or used to launch projectiles or otherwise to throw or hurl any object, liquid, material or substance. P. Roads and Driveways. No person or group of persons participating and in a demonstration shall block or prevent the lawful use of any Village road or any driveway from any Village road. Q. Sidewalks. No person or group of persons participating in a demonstration may block or prevent any lawful use of a public sidewalk or any ingress to or egress from any building by standing within fifteen feet of a doorway or entrance. R. Signs. No sign or combination of signs shall render impassable any public road or sidewalk or block or prevent ingress to or egress from any public road or sidewalk or render passage to, from or across any public road or sidewalk unreasonably difficult or hazardous. Signs, whether mounted on a supporting structure or held by hand, constructed solely of cloth, paper, plastic or cardboard, or any combination thereof, no greater than 1/4" thick, may be carried by participants in a demonstration. S. Sirens or Air Horns. No person participating in a demonstration shall use, carry or possess any hand-held or vehicle-mounted siren or air horn. T. Splinter Groups. No group participating in a demonstration shall separate from the main group to conduct a separate demonstration either at a different location or for a different purpose or cause without first filing a separate declaration with the Village Clerk. U. 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. Flyovers. Flyovers and aircraft trailing banners are not permitted in connection with any demonstration unless described in the declaration for the demonstration filed with the Village Clerk and unless a copy of the FAA authorization permit for such flyover has been included with the declaration. B. 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 colorguard) 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. C. Sound-Producing or Amplifying Devices. Sound-producing or amplifying devices may be used during a demonstration provided that the sound cannot be heard at a distance of over 250 feet from the perimeter of the location of the demonstration, and provided that such use is in compliance with applicable Village law, including, but not limited to, the Village Noise Ordinance. D. 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.