NY Gen Mun L § 149 (2021)
2021 New York Laws GMU - General Municipal Article 7-A - Burial of Veterans and Their Families; Certain Permit Requirements 149 - Permits in Certain Circumstances.

§  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 thereof;  (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.