§ 13.31 — Permits for activities near certain funeral events

New York § 13.31

• Jurisdiction: New York
• Law PAR: Parks, Recreation and Historic Preservation
• Art. 13: General Provisions

Text

* § 13.31 Permits for activities near certain funeral events. 1. For\nthe purposes 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 2. The commissioner may promulgate regulations to require that a\npermit be obtained for a demonstration that will take place in a state\npark, state parkway or other state property, within one thousand feet of\na funeral event, and during or within one hour before or after such\nfuneral event. The existence and requirements of such lawful regulations\nshall be prominently posted in a public area of the office or\nheadquarters of each park under the jurisdiction of the state department\nof parks and recreation and shall also be posted on any website\nestablished or available for the use of the office. Such regulations may\nrequire:\n (a) An organizer of such a demonstration to apply for a permit\nconcerning such demonstration provided, however, that such permit\napplication process shall be available for a reasonable period before\nsuch funeral event is actually scheduled to begin.\n (b) Upon filing such an application, the office shall promptly review\nsuch application and, if the application satisfies the requirements of\nthis subdivision as well as any additional requirements the commissioner\nmay, by lawful regulation, impose, then the office shall issue to the\norganizer a permit under this subdivision. In such event, the permit\nshall specify, expressly and in detail, the time and place and any\nlawful restrictions that may be imposed regarding such demonstration. If\nsuch permit application is denied, the office shall issue a written\ndenial that specifies in detail the manner in which the application is\ndeficient, together with the procedure by which the organizer may obtain\ntimely reconsideration of such determination under this subdivision.\n (c) The permit issued by the office under this subdivision may, in\naccordance with applicable law, specify reasonable restrictions on the\ntime, place and manner of the demonstration for which the permit is\nissued.\n (d) The commissioner may require the organizer to pay a reasonable fee\nwith the permit application in order to reduce administrative and\nprocessing costs.\n 3. Any person who, after proper notice and 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 under this section shall\nbe subject to a civil penalty of up to five hundred dollars for the\nfirst such violation determined to have been committed, up to one\nthousand dollars for a second such violation determined to have been\ncommitted within three years of the first such violation, and up to two\nthousand dollars for a third such violation determined to have been\ncommitted within such three year period. The state police power and that\nof its localities may be employed to provide adequate public safety and\nprotection at such a funeral event and the procession to or from such\nfuneral event.\n * NB There are 2 § 13.31's\n