1. The Laws of New York
  2. Consolidated Laws
  3. Parks, recreation and historic preservation
  4. Title C: Parks, Recreation and Historic Preservation
  5. Article 13: General Provisions


Section 13.31 Permits for activities near certain funeral events

Parks, recreation and historic preservation (PAR)

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 headquarters 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 application 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 processing costs.

  3. Any person who, after proper notice and 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 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 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.

  * NB There are 2 § 13.31's