Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 13.31
Permits for activities near certain funeral events
Parks, Recreation and Historic Preservation (PAR) CHAPTER 36-B, TITLE C, ARTICLE 13
* § 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
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