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This entry was published on 2014-09-22
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Permits in certain circumstances
General Municipal (GMU) CHAPTER 24, ARTICLE 7-A
§ 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:

(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

(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
regulation, 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
established or available for the use of the permitting authority or, if
no such website is available, be posted by annual publication in a
newspaper or newspapers of record serving the communities within the
jurisdiction 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
procedure 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
adjudicatory 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.

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.