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HomeMy WebLinkAboutProposed Local Law G - Regulation of Parades -11-9-12 1st draft.pdfVILLAGE OF CAYUGA HEIGHTS Proposed Local Law “G” of the year 2012 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, 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. 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. No parade or special event shall take place in the Village of Cayuga Heights at any time on any public street, road, highway or sidewalk or other public place unless a permit for such parade or special event at that time and at that location has been issued by the Village Clerk in accordance with the provisions of this Local Law. No person shall participate in, aid or form a parade or special event unless a permit for said parade or special event has been issued by the Village Clerk, and no person shall take part in any parade or special event which is proceeding in a manner other than in accordance with the terms of such permit and the provisions of this Local Law. SECTION V. EXCEPTIONS TO REQUIREMENT FOR PERMIT. The provisions of this Local Law shall not apply to, and no permit hereunder will be required for: A. Parades or special events in which all persons taking part therein are officers of any police department, members of any fire department, members of any of the armed forces of the United States, including, but not limited to, reserve members, veterans of any of such departments or forces, or officials of governmental units, or any combination of such persons. B. Parades or special events declared by resolution of the Board of Trustees of the Village to be a part of official Village ceremonies or to be sponsored by the Village. C. Students going to or from school to attend school or to participate in a school activity, or students participating in a school activity, provided that such activity is under the immediate direction and supervision of school personnel. SECTION VI. PERMIT APPLICATION AND CONTENTS. A. Application for the permit must be made not less than ten (10) business days prior to the proposed date of the parade or special event. The application must be made in such form as required by the Village Clerk. Each application for each parade or special event must be accompanied by an application fee in the amount of $25. The Clerk will issue the permit not later than five (5) business days after the Clerk has received a complete application. B. Each permit issued in accordance with this Local Law shall (1) state the name(s) of the organization(s) participating, (2) state the name of the individual or, if a committee without a chairman, the names of all members of the committee, chiefly responsible for the marshaling and organization of the parade or special event, (3) identify the street(s), road(s), highway(s), sidewalk(s) or other public place(s) through which the parade will proceed or the public place at which the special event will take place, (4) specify how much of the width of the street(s), road(s), highway(s), sidewalk(s) or other public place(s) the parade will occupy, and (5) state the date and hours during which the parade or special event will take place. SECTION VII. POTENTIAL DENIAL OF PERMIT. A. The Village Clerk shall promptly deliver a copy of the permit application to the Mayor, the Police Chief and the Fire Chief. If any of the Mayor, the Police Chief or the Fire Chief notify the Clerk that the parade or special event for which a permit is sought would endanger public health or safety or would be detrimental to the public welfare, the Village Clerk shall promptly notify the members of the Board of Trustees that the Clerk has been so notified, and the Clerk shall refrain from issuing the permit unless and until directed to do so by resolution of the Board of Trustees. B. If the Village Board of Trustees shall determine, based upon the contents of the application and any additional information presented to them, that such permit should not be issued because the parade or special event for which a permit is sought would endanger public health or safety or would be detrimental to the public welfare, the Board of Trustees shall, by resolution, deny the issuance of a permit, and the Village Clerk shall deliver written notice of such action to the applicant. C. In addition to the circumstances described at subsections A and B above, the Clerk will not issue a permit if: 1. The parade or special event for which a permit is sought would conflict with another parade or special event for which a permit previously has been issued or for which an application was made prior to the subject application and for which a permit is to be issued. 2. The parade or special event would conflict with a parade or special event for which not permit is required in accordance with Section V above. 3. The parade or event is to be held for the purpose of advertising any commercial product, goods or event or is designed for private profit. SECTION VIII. 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 IX. 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 X. 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.” SECTION XI. 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 XII. 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 XIII. 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 XIV. 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.