Question about Me Buring a Flag in NYC next week 1006

(2) Applications for demonstration permits must be received at least five days prior to the requested date for the demonstration. Notwithstanding this requirement, the department will accept all applications for demonstrations involving the expression of viewpoints on topical issues whenever submitted and process such applications as soon as it is feasible to do so, considering the magnitude of the event and the resources of the department.

(3) Applications for special event and demonstration permits will be accepted beginning on the first Monday in November in the calendar year immediately preceding the calendar year for which such permits are sought.

(4) Permit applications received between the first Monday in November and December 1 in the calendar year immediately preceding the calendar year for which such permits are sought will be processed as follows: (i) if two or more permit applicants request the same date and the same location, the application from the applicant who held a permit for such date and such location in the calendar year immediately preceding the calendar year for which such permit is now sought, shall be eligible for approval; provided, however, that if more than one of such applicants held a permit for such date and such location in the calendar year immediately preceding the calendar year for which such permit is now sought, the permit application from the applicant that was received first shall be eligible for approval. (ii) if two or more permit applicants request the same date and the same location and none of these applicants held a permit for such date and such location in the calendar year immediately preceding the calendar year for which such permit is now sought, the permit application that was received first shall be eligible for approval.

(5) All permit applications received after December 1 in the calendar year immediately preceding the calendar year for which the permit is sought will be processed on a "first come, first serve" basis.

(6) The provisions contained in paragraphs (1) and (2) of this subdivision shall be subject to the following: (i) For permit applications received between the first Monday in November and December 1 in the calendar year immediately preceding the calendar year for which such permits are sought, the Department shall respond to the applicant no later than the third Monday in December of the calendar year immediately preceding the calendar year for which such permit is sought with one of the following responses: (A) written notification that the permit application has been denied and a statement of the reason or reasons pursuant to paragraph (c) of this subdivision for such denial; (B) written notification that more information is needed before the Department can make a determination as to a particular permit application; or (C) issuance of the permit.(ii) For permit applications received after December 1 in the calendar year immediately preceding the calendar year for which such permits are sought, the Department shall respond to the applicant with one of the responses enumerated in clauses (A) through (C) of subparagraph (i) of this paragraph in accordance with the following schedule: (A) for applications filed 45 days or more prior to the date for which such permit is sought, the Department shall respond no later than thirty days after the receipt of such applications;(B) for applications filed less than 45 days but more than 15 days prior to the date for which such permit is sought, the Department shall respond no later than ten days after the receipt of such applications; or (C) for applications filed 15 days or less prior to the date for which such permit is sought, the Department shall respond as soon as is reasonably practicable.

(c) Upon application, the Commissioner may deny a permit if:

(1) the location sought is not suitable because of landscaping, planting, or other environmental conditions reasonably likely to be harmed by the proposed event;

(2) the location sought is not suitable because it is a specialized area including, but not limited to, a zoo, swimming pool, or skating rink, or because the proposed event is of such nature or duration that it cannot reasonably be accommodated in that location;

(3) the date and time requested have previously been allotted by permit;

(4) within the preceding two years, the applicant has been granted a permit and did, on that prior occasion, knowingly violate a material term or condition of the permit, or any law, ordinance, statute or regulation relating to the use of the parks; or

(5) the event would interfere unreasonably with the enjoyment of the park by other users.

(d) If the permit has been denied pursuant to subdivision (c) of this section, the Department shall employ reasonable efforts to offer the applicant suitable alternative locations and-or times and-or dates for the proposed event.

(e) After a permit application is denied, the applicant may appeal the determination by written request filed with the designated appeals officer who may reverse, affirm, or modify the original determinationand provide a written explanation of his or her finding.

(1) If a permit application is denied more than 30 days prior to the proposed event, the applicant shall have 10 days from the date that such denial is mailed or otherwise delivered to the applicant to appeal such denial. The Department shall render a decision on such appeal within 10 days of receipt of such appeal.

(2) If a permit application is denied more than 10 days and 30 days or less prior to the proposed event, the applicant shall have 5 days from the date such denial is mailed or otherwise delivered to the applicant to appeal such denial. The Department shall render a decision on such appeal within 5 days of receipt of such appeal.

(3) If a permit application is denied 10 days or less prior to the proposed event, the applicant shall have 1 day from the date such denial is mailed or otherwise delivered to the applicant to appeal such denial. The Department shall render a decision on such appeal as soon as is reasonably practicable.

(f) Permittees are subject to the rules of the Department, the specific terms and conditions of the permit, and to all applicable City, State, and Federal laws.

(g) Permittees must have the permit in their possession at the time and site of the event, as well as any other permits for the event required by the Department or any other governmental agency.

(h) After notice and opportunity to be heard, the Commissioner may alter or add terms and conditions to a permit, or revoke a permit, based upon the criteria set forth in subdivision (c) of this section.

(i) If the Commissioner revokes a permit prior to the date of the event, the permittee may appeal the revocation, subject to the time limitations set forth in subdivision (e) of this section.

(j) Permittees must confine their activities to the locations and times specified on their permit. The Commissioner may establish specific guidelines for certain designated parks or park locations.

(k) During the course of an event, the Commissioner may suspend a permit where exigent circumstances exist in the vicinity of the location for which such permit has been issued.

(l) The granting of a permit does not give the permittee the right to sell or offer for sale any articles, tickets, or refreshments within or adjacent to any park area. To do this requires a separate Temporary Use Authorization issued by the Department.

(m) Permits are not transferable.

(n) If a permittee intends to drive vehicles (e.g. buses, cars, trucks, and vans) into a park for deliveries to an event site or for any other legitimate purpose, the permittee must obtain a separate written permit for each such vehicle, specifying the date, time, route, and parking privilege.

(o) Permit applications must indicate whether electrical energy is required for the event. Permittees shall be responsible for the procurement of and payment for any electrical energy used during the event.

(p) Permittees are responsible for cleaning and restoring the site after the event. The cost of any employee overtime incurred because of a permittee's failure to clean and-or restore the site following the event will be borne by the permittee.