§ 149 — Permits in certain circumstances

§ 149. Permits in certain circumstances. 1. Definitions. For the\npurposes of this section:\n (a) "Demonstration" shall mean a pre-planned gathering of twelve or\nmore persons who are invited or organized by an organizer to convene for\nthe purpose of a public exhibition including a procession, parade,\nprotest, picket, march or rally on public property concerning and in the\nvicinity of a funeral event.\n (b) "Funeral event" shall mean a wake, funeral, burial or memorial\nservice conducted within thirty days after the death of the person who\nis the subject of such event.\n (c) "Organizer" shall mean the person or organization that plans or\ncoordinates a demonstration for which a permit may be required pursuant\nto this section.\n (d) "Permit authority" shall mean the governmental entity having\nprimary jurisdiction for a location which, in the case of:\n (i) a park, parkway or property that is subject to the jurisdiction of\nthe state university of New York, the permit authority shall be the\nstate university of New York;\n (ii) a county park, parkway or property shall be the county park\ncommission or such other county agency having jurisdiction, control\nand/or operation of such park, parkway or property;\n (iii) a city park, parkway or property shall be the duly constituted\nlicensing agency thereof and, in the absence of such agency, shall be an\nofficer designated by local law for such purpose by the legislative body\nthereof;\n (iv) a town park, parkway or property outside of the territory of a\nvillage, shall be an officer designated by local law for such purpose by\nthe town board thereof; and\n (v) a village park, parkway or property shall be an officer designated\nby local law for such purpose by the board of trustees thereof.\n 2. Permits issued by permit authority. In addition to any other law\nauthorizing permits, any permit authority may, by local law or\nregulation, require that a permit be obtained for a demonstration that\nwill take place within one thousand feet of a funeral event and during\nor within one hour before or after such funeral event. The existence and\nrequirements of such local law, and any related, lawful regulations,\nshall be prominently posted in a public area of the office of the\npermitting authority, and shall also be posted on any website\nestablished or available for the use of the permitting authority or, if\nno such website is available, be posted by annual publication in a\nnewspaper or newspapers of record serving the communities within the\njurisdiction of the permit authority. Such local law may require:\n (a) An organizer of such a demonstration shall be required to apply\nfor a permit concerning such demonstration. Such permit application\nprocess shall be available for a reasonable period before such funeral\nevent is actually scheduled to begin.\n (b) Upon the filing of such an application, the permit authority shall\npromptly review such application and, if the application satisfies the\nrequirements of this subdivision as well as any additional requirements\nthe permit authority may, by lawful regulation, impose, then the permit\nauthority shall issue to the organizer a permit under this subdivision.\nIn such event, the permit shall specify, expressly and in detail, the\ntime and place and any lawful restrictions that may be imposed regarding\nsuch demonstration. If such permit application is denied, the permit\nauthority shall issue a written denial that specifies in detail the\nmanner in which the application is deficient, together with the\nprocedure by which the organizer may obtain timely reconsideration of\nsuch determination under this subdivision.\n (c) The permit issued by a permit authority under this subdivision\nmay, in accordance with applicable law, specify reasonable restrictions\non the time, place and manner of the demonstration for which the permit\nis issued.\n 3. Permit requirement. A city, town, village or county that, by local\nlaw, enacts a permit requirement in accordance with subdivision two of\nthis section may by such law establish a reasonable civil penalty for\nany person who, after proper notice and an opportunity for an\nadjudicatory hearing, is found to have intentionally organized and\nconducted a demonstration within one thousand feet of a funeral event,\nwithout first having obtained a required permit in accordance with such\nlaw. Such local law may include an increased maximum civil penalty for a\nsecond or subsequent violation.\n 4. Public safety. The state police power and that of its localities\nmay be employed to provide adequate public safety and protection at such\na funeral event and the procession to or from such a funeral event.\n