S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7697

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 13, 2011
                               ___________

Introduced  by  M.  of  A. CUSICK, RAMOS, NOLAN, MURRAY -- read once and
  referred to the Committee on Veterans' Affairs

AN ACT to amend the general municipal law and the parks, recreation  and
  historic preservation law, in relation to requiring permits for demon-
  strations at veteran funerals

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The article heading of article 7-A of the general municipal
law, as added by chapter 871 of the laws of 1948, is amended to read  as
follows:
          BURIAL OF VETERANS AND THEIR FAMILIES; CERTAIN PERMIT
                              REQUIREMENTS
  S  2. The general municipal law is amended by adding a new section 149
to read as follows:
  S 149. PERMITS IN  CERTAIN  CIRCUMSTANCES.  1.  DEFINITIONS.  FOR  THE
PURPOSES OF THIS SECTION:
  (A)  "DEMONSTRATION"  SHALL  MEAN A PRE-PLANNED GATHERING OF TWELVE OR
MORE PERSONS WHO ARE INVITED OR ORGANIZED BY AN ORGANIZER TO CONVENE FOR
THE PURPOSE OF A  PUBLIC  EXHIBITION  INCLUDING  A  PROCESSION,  PARADE,
PROTEST, PICKET, MARCH OR RALLY ON PUBLIC PROPERTY CONCERNING AND IN THE
VICINITY OF A FUNERAL EVENT.
  (B)  "FUNERAL  EVENT"  SHALL  MEAN A WAKE, FUNERAL, BURIAL OR MEMORIAL
SERVICE CONDUCTED WITHIN THIRTY DAYS AFTER THE DEATH OF THE  PERSON  WHO
IS THE SUBJECT OF SUCH EVENT.
  (C)  "ORGANIZER"  SHALL  MEAN THE PERSON OR ORGANIZATION THAT PLANS OR
COORDINATES A DEMONSTRATION FOR WHICH A PERMIT MAY BE REQUIRED  PURSUANT
TO THIS SECTION.
  (D)  "PERMIT  AUTHORITY"  SHALL  MEAN  THE  GOVERNMENTAL ENTITY HAVING
PRIMARY JURISDICTION FOR A LOCATION WHICH, IN THE CASE OF:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10958-02-1

A. 7697                             2
              

  (I) A PARK, PARKWAY OR PROPERTY THAT IS SUBJECT TO THE JURISDICTION OF
THE STATE UNIVERSITY OF NEW YORK, THE  PERMIT  AUTHORITY  SHALL  BE  THE
STATE UNIVERSITY OF NEW YORK;
  (II)  A  COUNTY  PARK,  PARKWAY  OR  PROPERTY SHALL BE THE COUNTY PARK
COMMISSION OR SUCH OTHER  COUNTY  AGENCY  HAVING  JURISDICTION,  CONTROL
AND/OR OPERATION OF SUCH PARK, PARKWAY OR PROPERTY;
  (III)  A  CITY PARK, PARKWAY OR PROPERTY SHALL BE THE DULY CONSTITUTED
LICENSING AGENCY THEREOF AND, IN THE ABSENCE OF SUCH AGENCY, SHALL BE AN
OFFICER DESIGNATED BY LOCAL LAW FOR SUCH PURPOSE BY THE LEGISLATIVE BODY
THEREOF;
  (IV) A TOWN PARK, PARKWAY OR PROPERTY OUTSIDE OF THE  TERRITORY  OF  A
VILLAGE, SHALL BE AN OFFICER DESIGNATED BY LOCAL LAW FOR SUCH PURPOSE BY
THE TOWN BOARD THEREOF; AND
  (V) A VILLAGE PARK, PARKWAY OR PROPERTY SHALL BE AN OFFICER DESIGNATED
BY LOCAL LAW FOR SUCH PURPOSE BY THE BOARD OF TRUSTEES THEREOF.
  2.  PERMITS  ISSUED  BY PERMIT AUTHORITY. IN ADDITION TO ANY OTHER LAW
AUTHORIZING PERMITS, ANY PERMIT AUTHORITY MAY, BY  LOCAL  LAW  OR  REGU-
LATION,  REQUIRE THAT A PERMIT BE OBTAINED FOR A DEMONSTRATION THAT WILL
TAKE PLACE WITHIN ONE THOUSAND FEET OF A FUNERAL  EVENT  AND  DURING  OR
WITHIN  ONE  HOUR BEFORE OR AFTER SUCH FUNERAL EVENT.  THE EXISTENCE AND
REQUIREMENTS OF SUCH LOCAL LAW, AND  ANY  RELATED,  LAWFUL  REGULATIONS,
SHALL  BE  PROMINENTLY  POSTED  IN  A  PUBLIC  AREA OF THE OFFICE OF THE
PERMITTING AUTHORITY, AND SHALL ALSO BE POSTED  ON  ANY  WEBSITE  ESTAB-
LISHED  OR  AVAILABLE  FOR THE USE OF THE PERMITTING AUTHORITY OR, IF NO
SUCH WEBSITE IS AVAILABLE, BE POSTED BY ANNUAL PUBLICATION IN A  NEWSPA-
PER OR NEWSPAPERS OF RECORD SERVING THE COMMUNITIES WITHIN THE JURISDIC-
TION OF THE PERMIT AUTHORITY. SUCH LOCAL LAW MAY REQUIRE:
  (A)  AN  ORGANIZER  OF SUCH A DEMONSTRATION SHALL BE REQUIRED TO APPLY
FOR A PERMIT CONCERNING  SUCH  DEMONSTRATION.  SUCH  PERMIT  APPLICATION
PROCESS  SHALL  BE AVAILABLE FOR A REASONABLE PERIOD BEFORE SUCH FUNERAL
EVENT IS ACTUALLY SCHEDULED TO BEGIN.
  (B) UPON THE FILING OF SUCH AN APPLICATION, THE PERMIT AUTHORITY SHALL
PROMPTLY REVIEW SUCH APPLICATION AND, IF THE APPLICATION  SATISFIES  THE
REQUIREMENTS  OF THIS SUBDIVISION AS WELL AS ANY ADDITIONAL REQUIREMENTS
THE PERMIT AUTHORITY MAY, BY LAWFUL REGULATION, IMPOSE, THEN THE  PERMIT
AUTHORITY  SHALL ISSUE TO THE ORGANIZER A PERMIT UNDER THIS SUBDIVISION.
IN SUCH EVENT, THE PERMIT SHALL SPECIFY, EXPRESSLY AND  IN  DETAIL,  THE
TIME AND PLACE AND ANY LAWFUL RESTRICTIONS THAT MAY BE IMPOSED REGARDING
SUCH  DEMONSTRATION.  IF  SUCH  PERMIT APPLICATION IS DENIED, THE PERMIT
AUTHORITY SHALL ISSUE A WRITTEN DENIAL  THAT  SPECIFIES  IN  DETAIL  THE
MANNER  IN  WHICH THE APPLICATION IS DEFICIENT, TOGETHER WITH THE PROCE-
DURE BY WHICH THE ORGANIZER MAY OBTAIN TIMELY  RECONSIDERATION  OF  SUCH
DETERMINATION UNDER THIS SUBDIVISION.
  (C)  THE  PERMIT  ISSUED  BY A PERMIT AUTHORITY UNDER THIS SUBDIVISION
MAY, IN ACCORDANCE WITH APPLICABLE LAW, SPECIFY REASONABLE  RESTRICTIONS
ON  THE TIME, PLACE AND MANNER OF THE DEMONSTRATION FOR WHICH THE PERMIT
IS ISSUED.
  3. PERMIT REQUIREMENT.  A CITY, TOWN, VILLAGE OR COUNTY THAT, BY LOCAL
LAW, ENACTS A PERMIT REQUIREMENT IN ACCORDANCE WITH SUBDIVISION  TWO  OF
THIS  SECTION  MAY  BY SUCH LAW ESTABLISH A REASONABLE CIVIL PENALTY FOR
ANY PERSON WHO, AFTER PROPER NOTICE AND AN OPPORTUNITY FOR AN  ADJUDICA-
TORY  HEARING,  IS FOUND TO HAVE INTENTIONALLY ORGANIZED AND CONDUCTED A
DEMONSTRATION WITHIN ONE THOUSAND FEET OF A FUNERAL EVENT, WITHOUT FIRST
HAVING OBTAINED A REQUIRED PERMIT IN  ACCORDANCE  WITH  SUCH  LAW.  SUCH
LOCAL LAW MAY INCLUDE AN INCREASED MAXIMUM CIVIL PENALTY FOR A SECOND OR
SUBSEQUENT VIOLATION.

A. 7697                             3

  4.  PUBLIC SAFETY.   THE STATE POLICE POWER AND THAT OF ITS LOCALITIES
MAY BE EMPLOYED TO PROVIDE ADEQUATE PUBLIC SAFETY AND PROTECTION AT SUCH
A FUNERAL EVENT AND THE PROCESSION TO OR FROM SUCH A FUNERAL EVENT.
  S 3. The parks, recreation and historic preservation law is amended by
adding a new section 13.31 to read as follows:
  S  13.31  PERMITS  FOR ACTIVITIES NEAR CERTAIN FUNERAL EVENTS. 1.  FOR
THE PURPOSES OF THIS SECTION:
  (A) "DEMONSTRATION" SHALL MEAN A PRE-PLANNED GATHERING  OF  TWELVE  OR
MORE PERSONS WHO ARE INVITED OR ORGANIZED BY AN ORGANIZER TO CONVENE FOR
THE  PURPOSE  OF  A  PUBLIC  EXHIBITION  INCLUDING A PROCESSION, PARADE,
PROTEST, PICKET, MARCH OR RALLY ON PUBLIC PROPERTY CONCERNING AND IN THE
VICINITY OF A FUNERAL EVENT.
  (B) "FUNERAL EVENT" SHALL MEAN A WAKE,  FUNERAL,  BURIAL  OR  MEMORIAL
SERVICE  CONDUCTED  WITHIN THIRTY DAYS AFTER THE DEATH OF THE PERSON WHO
IS THE SUBJECT OF SUCH EVENT.
  (C) "ORGANIZER" SHALL MEAN THE PERSON OR ORGANIZATION  THAT  PLANS  OR
COORDINATES  A DEMONSTRATION FOR WHICH A PERMIT MAY BE REQUIRED PURSUANT
TO THIS SECTION.
  2. THE COMMISSIONER MAY  PROMULGATE  REGULATIONS  TO  REQUIRE  THAT  A
PERMIT  BE  OBTAINED FOR A DEMONSTRATION THAT WILL TAKE PLACE IN A STATE
PARK, STATE PARKWAY OR OTHER STATE PROPERTY, WITHIN ONE THOUSAND FEET OF
A FUNERAL EVENT, AND DURING OR WITHIN ONE  HOUR  BEFORE  OR  AFTER  SUCH
FUNERAL EVENT. THE EXISTENCE AND REQUIREMENTS OF SUCH LAWFUL REGULATIONS
SHALL  BE PROMINENTLY POSTED IN A PUBLIC AREA OF THE OFFICE OR HEADQUAR-
TERS OF EACH PARK UNDER THE JURISDICTION  OF  THE  STATE  DEPARTMENT  OF
PARKS AND RECREATION AND SHALL ALSO BE POSTED ON ANY WEBSITE ESTABLISHED
OR AVAILABLE FOR THE USE OF THE OFFICE. SUCH REGULATIONS MAY REQUIRE:
  (A)  AN  ORGANIZER  OF  SUCH  A  DEMONSTRATION  TO  APPLY FOR A PERMIT
CONCERNING SUCH DEMONSTRATION PROVIDED, HOWEVER, THAT SUCH PERMIT APPLI-
CATION PROCESS SHALL BE AVAILABLE FOR A REASONABLE  PERIOD  BEFORE  SUCH
FUNERAL EVENT IS ACTUALLY SCHEDULED TO BEGIN.
  (B)  UPON FILING SUCH AN APPLICATION, THE OFFICE SHALL PROMPTLY REVIEW
SUCH APPLICATION AND, IF THE APPLICATION SATISFIES THE  REQUIREMENTS  OF
THIS SUBDIVISION AS WELL AS ANY ADDITIONAL REQUIREMENTS THE COMMISSIONER
MAY,  BY  LAWFUL  REGULATION, IMPOSE, THEN THE OFFICE SHALL ISSUE TO THE
ORGANIZER A PERMIT UNDER THIS SUBDIVISION. IN  SUCH  EVENT,  THE  PERMIT
SHALL  SPECIFY,  EXPRESSLY  AND  IN  DETAIL,  THE TIME AND PLACE AND ANY
LAWFUL RESTRICTIONS THAT MAY BE IMPOSED REGARDING SUCH DEMONSTRATION. IF
SUCH PERMIT APPLICATION IS DENIED, THE  OFFICE  SHALL  ISSUE  A  WRITTEN
DENIAL  THAT  SPECIFIES IN DETAIL THE MANNER IN WHICH THE APPLICATION IS
DEFICIENT, TOGETHER WITH THE PROCEDURE BY WHICH THE ORGANIZER MAY OBTAIN
TIMELY RECONSIDERATION OF SUCH DETERMINATION UNDER THIS SUBDIVISION.
  (C) THE PERMIT ISSUED BY THE OFFICE UNDER  THIS  SUBDIVISION  MAY,  IN
ACCORDANCE  WITH  APPLICABLE LAW, SPECIFY REASONABLE RESTRICTIONS ON THE
TIME, PLACE AND MANNER OF THE DEMONSTRATION  FOR  WHICH  THE  PERMIT  IS
ISSUED.
  (D) THE COMMISSIONER MAY REQUIRE THE ORGANIZER TO PAY A REASONABLE FEE
WITH  THE PERMIT APPLICATION IN ORDER TO REDUCE ADMINISTRATIVE AND PROC-
ESSING COSTS.
  3. ANY PERSON WHO, AFTER PROPER NOTICE AND OPPORTUNITY FOR AN  ADJUDI-
CATORY HEARING, IS FOUND TO HAVE INTENTIONALLY ORGANIZED AND CONDUCTED A
DEMONSTRATION  WITHIN ONE THOUSAND FEET OF A FUNERAL EVENT WITHOUT FIRST
HAVING OBTAINED A REQUIRED PERMIT UNDER THIS SECTION SHALL BE SUBJECT TO
A CIVIL PENALTY OF UP  TO  FIVE  HUNDRED  DOLLARS  FOR  THE  FIRST  SUCH
VIOLATION  DETERMINED TO HAVE BEEN COMMITTED, UP TO ONE THOUSAND DOLLARS
FOR A SECOND SUCH VIOLATION DETERMINED TO  HAVE  BEEN  COMMITTED  WITHIN

A. 7697                             4

THREE  YEARS OF THE FIRST SUCH VIOLATION, AND UP TO TWO THOUSAND DOLLARS
FOR A THIRD SUCH VIOLATION DETERMINED TO HAVE BEEN COMMITTED WITHIN SUCH
THREE YEAR PERIOD. THE STATE POLICE POWER AND THAT OF ITS LOCALITIES MAY
BE  EMPLOYED  TO PROVIDE ADEQUATE PUBLIC SAFETY AND PROTECTION AT SUCH A
FUNERAL EVENT AND THE PROCESSION TO OR FROM SUCH FUNERAL EVENT.
  S 4. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.