Parades & Street Closures


[HISTORY: Adopted by the Town Board of the Town of Yorktown as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES
Streets and sidewalks — See Ch. 250.

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ARTICLE I Parades [Adopted 3-6-1984 by L.L. No. 2-1984; amended in its entirety 7-7-1987 by L.L. No. 18-1987]

§ 210-1. Definitions.

As used in this article, the following terms shall have the meanings indicated:

CHIEF OF POLICE — The Chief of Police of the Town of Yorktown.
PARADE — Any parade, march, procession or demonstration of any kind or any similar display, in or upon any street, park or other public place in the Town of Yorktown.
PARADE PERMIT — A permit as required by this article.
PERSON — Any person, firm, partnership, association, corporation, company or organization of any kind.
TOWN — Town of Yorktown.
TOWN BOARD — The duly constituted legislative body of the Town of Yorktown.

§ 210-2. Permit required.

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 article shall not apply to: (1) Funeral processions;
(2) Wedding processions;
(3) Students going to and from school, classes or participating in educational activities, provided that such conduct is under the immediate direction and supervision of the proper school authorities;
(4) A governmental agency acting within the scope of its functions; and
(5) Regularly scheduled activities of organized youth groups (e.g., Cub Scouts, Little League, etc.).

§ 210-3. Application.

A. A person seeking issuance of a parade permit shall file an application with the Chief of Police on forms provided by the Chief of Police.
B. Contents. The application for a parade permit shall set forth the following information: (1) The name, address and telephone number of the person or persons 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 route to be traveled, the starting point and the termination point.
(6) The approximate number of persons who and animals and vehicles which will constitute such parade, the type of animals and description of the vehicles.
(7) The hours when such parade will start and terminate.
(8) A statement as to whether the parade will occupy all or only a portion of width of the streets proposed to be traversed.
(9) The location by streets of any assembly areas for 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, and 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 permit on his behalf.

§ 210-4. Standards for issuance.

The Chief of Police shall issue a 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 town to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection to the town.
C. The concentration of persons, animals and vehicles at assembly points of the parade and the conduct thereof will not unduly interfere with proper fire and police protection of or ambulance services to areas contiguous to such assembly areas and the town in general.
D. The conduct of such parade will not interfere with the movement of fire-fighting equipment in route to a fire or normal ambulance service.
E. The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays in route.
F. The parade is not designed to be held purely for private profit.

§ 210-5. Time limit for decision; denial.

The Chief of Police shall act upon the permit within 30 days of its receipt. If the Chief of Police disapproves the application, notice thereof, including the reasons for the denial shall be promptly given to the applicant.

§ 210-6. Alternative permit.

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, if so requested by the applicant.

§ 210-7. Appeal from denial of permit.

Any applicant denied a parade permit by the Chief of Police may appeal, in writing, to the Town Board within 10 days of the denial. The time to so appeal may be extended, in the discretion of the Town Board. The applicant, upon appeal, shall be entitled to argue its case before the Town Board. The Town Board is hereby empowered to affirm, modify or reverse the decision of the Chief of Police. The Town Board may attach any conditions to a permit, should it determine the permit should be granted.

§ 210-8. Contents of permit.

Each parade permit shall state the following information:

A. The starting time.
B. The portions of the streets to be traversed that may be occupied by the parade.
C. The maximum length of the parade in miles or fractions thereof.
D. Such other information as the Chief of Police shall find necessary to the enforcement of this article.

§ 210-9. Duties of permittee.

A. A permittee hereunder shall comply with all permit directions and conditions and with all applicable laws.
B. Possession of permit. The Parade Chairman or other person heading or leading such activity shall carry the parade permit upon his person during the conduct of the parade.

§ 210-10. Interference with parade; parking on route.

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 a 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.
C. Parking on parade route. 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 article.

§ 210-11. Penalties for offenses.

Any person committing an offense against any of the provisions of this article shall be punished, upon conviction, by a fine not exceeding $250 or by imprisonment not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.

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ARTICLE II Street Closings [Adopted 10-4-1995 by L.L. No. 13-1995]

§ 210-12. Definitions.

As used in this article, the following terms shall have the meanings indicated:

CHIEF OF POLICE — The Chief of Police of the Town of Yorktown.
PERMIT — A permit as required by this article.
PERSON — Any person, firm, partnership, association, corporation, company or organization of any kind.
TOWN — Town of Yorktown.
TOWN BOARD — The duly constituted legislative body of the Town of Yorktown.

§ 210-13. Permit required. [Amended 7-16-1996 by L.L. No. 12-1996]

A. No road shall be closed for a temporary recreational use unless a Town Clerk permit shall have been obtained from the Town Clerk.
B. Exceptions. This article shall not apply to a governmental agency acting within the scope of its functions.

§ 210-14. Application. [Amended 7-16-1996 by L.L. No. 12-1996]

A. A person seeking issuance of a permit shall file an application with the Town Clerk and shall file duplicate copies with the Police Department, Highway Department, Water Department and Town Engineer.
B. Contents. The application for a permit shall set forth the following information: (1) The name, address and telephone number of the person or persons seeking to conduct such recreational use.
(2) If the recreational use 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 Chairman and who will be responsible for its conduct.
(4) The date when the use is to be conducted.
(5) The area of road affected.
(6) A list of properties affected, with a map showing all properties that would have access limited by the permit.

§ 210-15. Standards for issuance. [Amended 7-16-1996 by L.L. No. 12-1996]

A. The Town Clerk and the Police Department shall investigate all applications, once properly completed and signed by the applicant, and shall evaluate the permit based upon the following: (1) The conduct of the use will not substantially interrupt the safety of the neighborhood.
(2) The conduct of the use will not require the diversion of so great a number of police officers of the town so as to prevent normal police protection to the town.
(3) The concentration of persons animals and vehicles and the conduct of the use will not unduly interfere with proper fire and police protection of or ambulance services to areas contiguous to such areas and the town in general.
(4) The conduct of such use will not interfere with the movement of fire-fighting equipment en route to a fire or normal ambulance service.

B. After completing the investigation pursuant to Subsection A above, the Chief of Police, or his or her designated representatives, shall forward to the Town Clerk his or her recommendation as to either granting or denying the application. No permit shall be issued until the Chief of Police, or his or her designated representative, has indicated, in writing, his or her recommendation of the permit.
C. A certificate of insurance shall be required in an amount determined by the Town Clerk.

§ 210-16. Contents of permit/notice.

A. Each use permit shall state the following information: (1) The starting time.
(2) The portions of the streets to be closed.
(3) Such other information and conditions as the Town Clerk and the Police Department may determine for the health, safety and welfare of the town. [Amended 7-16-1996 by L.L. No. 12-1996]

B. No permit shall permit a street closing after 11:00 p.m.
C. A permit may be revoked by the Chief of Police or his designee or by the Highway Superintendent or his designee.
D. If alcoholic beverages are to be consumed during the event, the permit should so indicate.
E. The Town Clerk shall forward a copy of the permit to the Police Department, Highway Department, all emergency service departments and organizations and other affected town departments.

§ 210-17. Duties of permittee.

A. A permittee hereunder shall comply with all permit directions and conditions and with all applicable laws.
B. Possession of permit. The Chairman or other person heading or leading such activity shall carry the permit upon his person during the conduct of the use.

§ 210-18. Penalties for offenses.

Any person committing an offense against any of the provisions of this article shall be punished, upon conviction, by a fine not exceeding $250 or by imprisonment not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.