§ 19-04 Approval/Disapproval Procedures.
(a) The permittee will be notified by the precinct, relevant patrol borough or office of the Chief of Department if his or her application for a permit is approved or disapproved.
(b) If the application is disapproved, the applicant will be notified in writing of the basis for such disapproval.
(c) Permits shall be approved or disapproved as follows:
(i) for applications filed 90 or more days prior to the date for which the permit is sought, such permit shall be approved or disapproved no later than 45 days prior to the date for which such permit is sought.
(ii) for applications filed less than 90 days but more than 30 days prior to the date for which such permit is sought, such permit shall be approved or disapproved no later than 10 days prior to the date for which such permit is sought.
(iii) for applications filed less than 30 days but more than 10 days prior to the date for which such permit is sought, such permit shall be approved or disapproved no later than 5 days prior to the date for which such permit is sought.
(iv) for applications filed less than 10 days but at least thirty-six hours prior to the date for which such permit is sought, such permit shall be approved or disapproved as soon as reasonably practicable.
(v) for applications filed less than thirty-six hours prior to the date for which such permit is sought only where exigent circumstances exist which prevented the applicant from earlier seeking a permit, such permit shall be approved or disapproved pursuant to subdivision (d) of the section as soon as reasonably practicable, but may also be disapproved where the size or nature of the parade reasonably requires an additional police presence and there is insufficient time to make such presence available.
(d) Permits will be disapproved under § 10-110 of the administrative code under the following circumstances:
(i) The application, including any required attachments and submissions, is not fully completed and executed.
(ii) The application contains a material falsehood or misrepresentation.
(iii) A permit or other authorization has been granted to another person or group in conjunction with a parade, street fair, demonstration or other event for the same date or time and the same location requested, or permits or other authorizations have traditionally, on an annual basis, been granted to another person or group for a parade, street fair, demonstration or other event for the same date or time and the same location.
(iv) The proposed activity and surrounding events will substantially or unreasonably interfere with traffic in the area contiguous to the parade route.
(v) The concentration of persons, animals, vehicles or things at the formation and dismissal areas, along the parade route and in nearby areas will prevent proper fire and police protection or ambulance service.
(vi) The application proposes activities which would violate subdivisions 1, 4, 5, 6 or 7 of § 240.20 of the Penal Law, and would otherwise present an unreasonable danger to the health or safety of the applicant, parade participants or other members of the public, or cause damage to public or private property.
(vii) The application proposes activities which would be in violation of law, rule or regulation.
(viii) The application seeks to hold a parade on Fifth Avenue in the borough of Manhattan, unless the parade was held at that location prior to the promulgation of these rules. If a permit is disapproved under paragraphs (iii), (iv), (v) or (viii) of this subdivision, the Department shall employ reasonable efforts to offer the applicant a suitable alternative location, date and/or time for the parade.
(e) If an application is disapproved, the applicant may appeal the determination by written request filed with a designated appeals officer who may reverse, affirm or modify the original determination and will provide a written explanation of his or her finding.
(i) If a permit application is disapproved 45 days or more prior to the proposed parade, the applicant shall have 10 days from the date that such disapproval is mailed to the applicant to appeal such disapproval. The Department shall render a decision on such appeal within 10 days of its receipt of such appeal.
(ii) If a permit application is disapproved less than 45 days but more than 10 days prior to the proposed parade, the applicant shall have 5 days from the date such disapproval is mailed to the applicant to appeal such disapproval. The Department shall render a decision on such appeal within 5 days of its receipt of such appeal.
(iii) If a permit application is disapproved 10 days or less prior to the proposed parade, the applicant shall have 3 days from the date such disapproval is mailed to the applicant to appeal such disapproval. The Department shall render a decision on such appeal as soon as is reasonably practicable.
