S T A T E O F N E W Y O R K
________________________________________________________________________
7697
2011-2012 Regular Sessions
I N A S S E M B L Y
May 13, 2011
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Introduced by M. of A. CUSICK, RAMOS, NOLAN, MURRAY -- read once and
referred to the Committee on Veterans' Affairs
AN ACT to amend the general municipal law and the parks, recreation and
historic preservation law, in relation to requiring permits for demon-
strations at veteran funerals
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The article heading of article 7-A of the general municipal
law, as added by chapter 871 of the laws of 1948, is amended to read as
follows:
BURIAL OF VETERANS AND THEIR FAMILIES; CERTAIN PERMIT
REQUIREMENTS
S 2. The general municipal law is amended by adding a new section 149
to read as follows:
S 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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10958-02-1
A. 7697 2
(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 REGU-
LATION, 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 ESTAB-
LISHED OR AVAILABLE FOR THE USE OF THE PERMITTING AUTHORITY OR, IF NO
SUCH WEBSITE IS AVAILABLE, BE POSTED BY ANNUAL PUBLICATION IN A NEWSPA-
PER OR NEWSPAPERS OF RECORD SERVING THE COMMUNITIES WITHIN THE JURISDIC-
TION 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 PROCE-
DURE 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 ADJUDICA-
TORY 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.
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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.
S 3. The parks, recreation and historic preservation law is amended by
adding a new section 13.31 to read as follows:
S 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 HEADQUAR-
TERS 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 APPLI-
CATION 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 PROC-
ESSING COSTS.
3. ANY PERSON WHO, AFTER PROPER NOTICE AND OPPORTUNITY FOR AN ADJUDI-
CATORY 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
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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.
S 4. This act shall take effect on the sixtieth day after it shall
have become a law.