[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.]
For the purpose of this chapter, the terms used herein are defined as
follows:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
