N.Y. General Municipal Law § 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.