POLICE DEPARTMENT CITY OF NEW YORK. Notice of Adoption. Notice of adoption of rule changes relating. to parade permits to promulgate a fee

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1 Notice of Adoption was prepared. regulatory agenda because the need for them was not anticipated at the time the agenda These amended rules were not included in the Department s most recent Office of the Deputy Commissioner, Legal Matters, New York City Police Department, One Police Plaza, Rm. l406a, New York Written comments were accepted and a public hearing was held on December 28, 2010, at 1 Police Plaza in the Auditorium, between 11:00 am and 2:00 pm. Written comments and a summary of oral comments received at the hearing were available for public inspection, between the hours of 9:30 A.M. and 4:30 P.M. at the and in accordance with Section 1043 of the Charter that the Police Department hereby VESTED IN THE Police Commissioner by Section 435 of the New York City Charter amends Chapter 19 of Title 38 of the Official Compilation of Rules of the City of New York relating to parade permits. Matter underlined is new. NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY schedule for certain parade permits to parade permits to promulgate a fee Notice of adoption of rule changes relating POLICE DEPARTMENT CITY OF NEW YORK

2 For purposes of these rules, the following terms shall have the following meanings: Definitions. 7/13/li Athletic Parade which is intended solely to defray the administrative costs of the event. (i) Administrative Fee shall mean a fee collected by the organizers of a Charitable 19-05(c). participation, which is competitive and recognizes the achievements of participants, for which a fee is paid to the organizers by individual members of the public to participate. Payments required from participants to participate in the event by organizers shall be considered a fee. Non-Charitable Athletic Parades shall be subject to fees pursuant to (h) Non-Charitable Athletic Parade shall mean an event designed for public organizers of the event charge no fee or only an administrative fee for participation in the event and the proceeds of the event must be donated to a not-for-profit/charitable organization. (g) Charitable Athletic Parade shall mean an event which is open to the public. the is authorized to act as the applicant. parade. Any person or entity responsible for organizing a parade, or any person or entity that publicizes a parade through advertisements or other means of mass communication, (f) Applicant shall mean the person or entity that applies for a permit authorizing a Street and north of 15th Street. (e) Fifth Avenue shall mean Fifth Avenue in the borough of Manhattan south of 114th assembly, protest, rally or vigil, moving or otherwise, which involves the expression of views or grievances, involving more than 20 people. (d) Demonstration shall mean a group activity including, but not limited to, a meeting, (c) Same location shall mean the location identified in the permit application. (b) Same date or time shall mean the same actual time period or hours. more pedestrians, vehicles, bicycles or other devices moved by human power, or ridden (a) A parade is any procession or race which consists of a recognizable group of 50 or or herded animals proceeding together upon any public street or roadway. Section of Title 38 of the Rules of the City of New York is amended and section is added to read as follows:

3 for non-charitable athletic parades occurring on or after January 1,2012. (a) The Chief of Department shall assess the fees set forth in subdivision c of this section EXTRA SMALL 0-99 up to $100,000 SMALL up to $500,000 MEDIUM up to $1,000,000 LARGE up to $2,000,000 EXTRA LARGE 2000 or more $2,000,000 or more police department personnel at the rate in effect on the date the assessment is issued. PERFORMING TRAFFIC COST* CONTROL FUNIONS SIZE OF EVENT NUMBER OF MOS TRAFFIC CONTROL and December the fee assessed shall be 70% of the calculated fee. of the Chief of Department. However, for events which occur between January enforcement agent and associate traffic agents, police officer, detective, sergeant and based upon number of police department personnel ( MOS ) in the ranks of traffic lieutenant, needed to safely perform traffic control functions as detennined by the Office (e) The fee shall be calculated as 100% of the Police Department s traffic control costs event shall receive the fee assessment associated with the event no later than 45 days event shall receive the fee assessment associated with the event no later than 10 days event. (ii) Applications submitted less than 120 days but 90 days or more before the (iii) Applications submitted less than 90 days but 30 or more days before the (iv) Applications submitted less than 30 days but 10 or more days before the event shall (d) Fees assessed must be paid prior to the event. (i)applications submitted between 180 days and 120 days before the event shall receive the fee assessment associated with the event no later than 90 days before the before the event. before the event. receive the fee assessment as soon as reasonably practical. than ten days before the event. (c) Application may be submitted no sooner than 180 days before the event and no later following schedule, which shall be in addition to any fee requirement imposed by the Department of Sanitation or any other fee imposed by any city agency. (b) The Chief of Department shall charge an applicant a fee in accordance with the Fees for Non-Charitable Athletic Parades * The fee amount shall be calculated based upon the salary, overtime and benefit costs of

4 (ii ) In no event will organizers be charged an additional post-event fee. (v) Non-athletic Parades. (iv) Charitable Athletic Parades: or (iii) Demonstrations, as defined in S 19-02(d) of this title: (d) This fee does not apply to the following: (ii) Occasions of extraordinary public interest as defined in S 19-01(b) of this (i) City-sponsored events: (iv) Fees paid in excess of the actual traffic control costs shall be refunded. provided with an accounting of the actual traffic control costs for the event. Such accounting will be provided within sixty days of the request. (iii) Upon written request made within 30 days after the event, organizers shall be traffic/pedestrian volume, geographic location, along with other relevant public safety factors. Police Department, based upon the projected attendance numbers, type of event. (i) Event plans will be developed and events staffed at the sole discretion of the

5 The Police Department is charged with preserving the public peace and preserving order the public and the participants in the event. To that end, the Department is authorized to directing traffic, closing streets, and other traffic control functions to ensure the safety of at events which obstruct the free passage of public streets. This responsibility includes Accordingly, in response to public comments received, the rule contains a fee schedule, based upon the number of NYPD personnel required to safely perform traffic control implementation of the fee. functions in order to clarify how the fee has been calculated and phases in of traffic control functions, and the resulting increase in overtime expenditures by the that occur on City streets. Parades require additional police presence for the performance promulgate rules and regulations governing permits for processions, parades, and races Department puts a strain on the NYPD s budget. Recoupment of traffic control costs associated with such events from the sponsors of the event is one way of ensuring that such events continue to be held without imposing an undue strain on NYPD and City the sponsoring organization. resources. The Commissioner has determined to recover a fee only from organizations sponsoring athletic events when revenue is generated from fees charged to participants by STATEMENT OF BASIS AND PURPOSE