N.Y. Parks, Recreation and Historic Preservation Law § 13.31: Permits for activities near certain funeral events

* § 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