City of Somers Point, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Somers Point 12-13-1973 as Ord. No. 13-1973 (Ch. 59A of 1967 compilation). Section 195-12 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 75.
Entertainment — See Ch. 128.
Streets and sidewalks — See Ch. 220.
Vehicles and traffic — See Ch. 250.

§ 195-1 Definitions.

For the purpose of this chapter, the terms used herein are defined as follows:
PARADE
Any parade, march, ceremony, show, exhibition, pageant or procession of any kind or any similar display in or upon any street, park or other public place in the City of Somers Point.

§ 195-2 Permit required; exceptions.

A. 
No person shall engage in, participate in or form or start any parade, unless a parade permit shall have been obtained from the Chief of Police or his authorized agent.
B. 
Exceptions. This chapter shall not apply to:
(1) 
Funeral processions.
(2) 
School activities, provided that such are under the immediate direction and supervision of the proper school authorities and are on school properties.
(3) 
A governmental agency acting within the scope of its functions.

§ 195-3 Application for permit.

A. 
A person seeking issuance of a parade permit shall file an application with the Chief of Police or his authorized agent on forms provided by such officer.
B. 
An application for a parade permit shall be filed with the Chief of Police not less than 30 days nor more than 45 days before the date on which conduct of the parade is proposed.
C. 
Contents. The application for a parade permit shall set forth the following information:
(1) 
The name, address and telephone number of the person who will be the parade chairman and who will be responsible for its conduct.
(2) 
The date when the parade is to be conducted.
(3) 
The route to be traveled, the starting point and the termination point.
(4) 
The approximate number of persons who and animals and vehicles which will constitute such parade, the type of animals and a description of the vehicles.
(5) 
The hours when such parade will start and terminate.
(6) 
A statement as to whether the parade will occupy all or only a portion of the width of the streets proposed to be traversed.
(7) 
The location by streets of any assembly areas for such parade.
(8) 
The time at which units of the parade will begin to assemble at any such assembly area or areas.
(9) 
The interval of space to be maintained between units of such parades.
(10) 
Any additional information which the Chief of Police or his authorized agent shall find reasonably necessary to a fair determination as to whether a permit should issue.
D. 
If the parade is designed to be held by and on behalf of or for any person other than the applicant, the applicant for such permit shall file with the Chief of Police or his authorized agent a communication, in writing, from the person proposing to hold the parade, authorizing the applicant to apply for the permit on his behalf.
E. 
Late applications. The Chief of Police or his authorized agent, where good cause is shown therefor, shall have the authority to consider any application hereunder which is filed less than 10 days before the date said parade is proposed to be conducted.

§ 195-4 Standards for issuance of permit.

The Chief of Police or his authorized agent shall issue a permit as provided for hereunder when, from such other information as may otherwise be obtained, he finds that:
A. 
The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route.
B. 
The conduct of the parade will not require the diversion of so great a number of policemen so as to prevent normal and proper police protection in other areas of the City of Somers Point.
C. 
The conduct of the parade will not cause interference with the proper movement of fire apparatus, ambulances and police vehicles.
D. 
The conduct of the parade will not be reasonably likely to cause injury to persons or property or to promote disorderly conduct or to cause a disturbance.
E. 
The conduct of the parade will proceed expeditiously and without unreasonable delays.
F. 
The parade is not held for the sole purpose of advertising a product and is not designed to be held for private profit.

§ 195-5 Notice of denial.

The Chief of Police or his authorized agent shall act upon the application for a parade permit within five days after the filing thereof. If the Chief of Police or his authorized agent disapproves the application, he shall mail the applicant, within five days after the date upon which the application was filed, a notice of his action, stating the reason for his denial of the permit.

§ 195-6 Appeals.

Any person aggrieved shall have the right to appeal the denial of a parade permit to the City Council. The appeal shall be taken within five days after notice. The city shall act upon the appeal within 10 days after its receipt.

§ 195-7 Alternative permit.

The Chief of Police or his authorized agent, if denying an application for a parade permit, shall be empowered to authorize the conduct of the parade on a date, at a time or over a route different from that named by the applicant. An applicant desiring to accept an alternative permit shall, within five days after notice of the action of the Chief of Police or his authorized agent, file written notice of acceptance with the Chief of Police or his authorized agent. An alternate parade permit shall be conformed to the requirements of and shall have the effect of the parade permit under this chapter.

§ 195-8 Content of permit.

Each parade permit shall state the following information:
A. 
Starting time.
B. 
Minimum speed.
C. 
Maximum speed.
D. 
Maximum interval of space to be maintained between units of the parade.
E. 
The portions of streets to be traversed that may be occupied by the parade.
F. 
The maximum length of the parade in miles or fractions thereof.
G. 
Such other information that the Chief of Police or his authorized agent shall find necessary for the enforcement of this chapter.

§ 195-9 Duties of permittee.

A. 
A permittee hereunder shall comply with all the permit directions and conditions and with all applicable laws and ordinances.
B. 
Possession of permit. The parade chairman or other person heading or leading such activity shall carry the parade permit on his person during the conduct of the parade.

§ 195-10 Conduct of public.

A. 
Interference. No person shall unreasonably hamper, obstruct, impede or interfere with any parade or parade assembly or with any person, vehicle or animal participating or used in a parade.
B. 
Driving through parades. No operator of any vehicle shall drive between the vehicles or persons comprising a parade when such vehicles or persons are in motion and are conspicuously designated as a parade.
C. 
Parking on parade route. The Chief of Police or his authorized agent shall have the authority, when reasonably necessary, to prohibit or restrict parking of vehicles along a highway or part thereof constituting a part of the route of a parade. The Chief of Police or his authorized agent shall post signs to such effect, and it shall be unlawful for any persons to park or leave unattended any vehicle in violation thereof. No persons shall be liable for parking on the street unposted in violation of this chapter.

§ 195-11 Revocation of permit.

The Chief of Police or his authorized agent shall have the authority to revoke a parade permit issued thereunder if the applicant fails to comply with the standards for issuance of a permit as herein set forth.

§ 195-12 Violations and penalties. [1]

Any person violating the terms of this chapter shall, upon conviction in the Municipal Court of the City of Somers Point, be imprisoned for a term not exceeding 90 days or fined in an amount not exceeding $1,000 or be subject to a term of community service not exceeding 90 days, or any combination of the foregoing.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.