[HISTORY: Adopted by the Municipal Council
of the City of Clifton 10-6-1970 by Ord. No. 4010-70 (Chapter 22A
of the Revised Ordinances of the City of Clifton, New Jersey, 1960).
Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
The Chief of Police of the City of Clifton.
The City of Clifton.
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.
A permit as required by this chapter.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
No person shall engage in, participate in, aid,
form or start any parade, unless a parade permit shall have been obtained
from the Chief of Police, with the exception of the following:
A.Â
A person seeking issuance of a parade permit shall
file an application with the Chief of Police on forms provided by
such officer.
B.Â
Filing period.
[Amended 6-5-1995 by Ord. No. 5744-95; 8-1-1995 by Ord. No. 5756-95]
(1)Â
An application for a parade permit which requires
any street closures shall be filed with the City Manager/Director
of Public Safety not fewer than 72 hours before the date on which
it is proposed to conduct the parade.
(2)Â
An application for a parade permit which does not
require street closures shall be filed with the City Manager/Director
of Public Safety not fewer than 48 hours before the date on which
it is proposed to conduct the parade.
C.Â
Contents. The application for a parade permit shall
set forth the following information:
(1)Â
The name, address and telephone number of the person
seeking to conduct such parade.
(2)Â
If the parade is proposed to be conducted for, on
behalf of or by an organization, the name, address and telephone number
of the headquarters of the organization and of the authorized and
responsible heads of such organization.
(3)Â
The name, address and telephone number of the person
who will be the parade chairman and who will be responsible for its
conduct.
(4)Â
The date when the parade is to be conducted.
(5)Â
The route to be traveled, the starting point and the
termination point.
(6)Â
The approximate number of persons who, and animals
and vehicles which, will constitute such parade; the type of animals
and description of the vehicles.
(7)Â
The hours when such parade will start and terminate.
(8)Â
A statement as to whether the parade will occupy all
or only a portion of the width of the streets proposed to be traversed.
(9)Â
The location by streets of any assembly areas for
such parade.
(10)Â
The time at which units of the parade will begin to
assemble at any such assembly area or areas.
(11)Â
The interval of space to be maintained between units
of such parade.
(12)Â
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 a communication in
writing from the person proposing to hold the parade, authorizing
the applicant to apply for the permit on his behalf.
(13)Â
Any additional information which the City Manager/Director
of Public Safety shall find reasonably necessary with regard to the
health, safety and welfare of the participants of the parade or the
citizens of Clifton to make a determination as to whether a permit
should be issued.
[Amended 6-5-1995 by Ord. No. 5744-95; 8-1-1995 by Ord. No. 5756-95]
(14)Â
The City Manager/Director of Public Safety shall have
the authority to consider any application hereunder which is filed
less than the required waiting period before the date such parade
is proposed to be conducted. The City Manager/Director of Public Safety
or his representative will promptly determine if, with regard to health,
safety and general welfare, a parade permit should be granted.
[Amended 6-5-1995 by Ord. No. 5744-95; 8-1-1995 by Ord. No. 5756-95]
(15)Â
There shall be paid at the time of filing the application
for a parade permit a fee of $30; provided, however, that the Municipal
Council, by resolution, through application by the person requesting
a refund, may authorize the refund of such fee when the applicant
is a nonprofit, religious, fraternal, civic, veteran or charitable
organization located in the City of Clifton and rendering services
to the residents of the City of Clifton, or proves indigency status.
[Amended 6-5-1995 by Ord. No. 5744-95; 8-1-1995 by Ord. No. 5756-95]
D.Â
The applicant shall also file with the City Clerk
a surety bond from a surety company licensed to conduct business in
the State of New Jersey, and approved as to form and surety by the
Law Department of the City of Clifton in the amount of $2,500. The
bond shall be posted to ensure that the costs of police protection
and cleanup relating to the parade are covered. In lieu of the aforementioned
surety bond, the applicant may place $2,500 in escrow with the City
of Clifton in the form of a bank or certified check.
[Added 9-20-1994 by Ord. No. 5699-94]
E.Â
Notwithstanding any other provision of this chapter,
applications for parade permits shall be date and time stamped. Should
an application previously filed be pending, no action will be taken
on any subsequent applications until the first application is addressed.
Applications will be reached in the order of filing.
[Added 9-20-1994 by Ord. No. 5699-94; amended 6-5-1995 by Ord. No. 5744-95; 8-1-1995 by Ord. No. 5756-95]
[Amended 6-5-1995 by Ord. No. 5744-95; 8-1-1995 by Ord. No. 5756-95]
The City Manager/Director of Public Safety shall
issue a permit as provided for hereunder when, from a consideration
of the application and from such other information as may otherwise
be obtained, he finds that:
A.Â
The conduct of the parade will not require the diversion
of so great a number of police officers of the City to properly police
the line of movement and the areas contiguous thereto as to prevent
normal police protection to the City.
B.Â
The conduct of such parade will not require the diversion
of so great a number of ambulances as to prevent normal ambulance
service to portions of the City other than that to be occupied by
the proposed line of march and areas contiguous thereto.
C.Â
The concentration of persons, animals and vehicles
at assembly points of the parade will not unduly interfere with proper
fire and police protection of, or ambulance service to, areas contiguous
to such assembly areas.
D.Â
The conduct of such parade will not interfere with
the movement of fire-fighting equipment en route to a fire.
E.Â
The parade is scheduled to move from its point of
origin to its point of termination expeditiously and without unreasonable
delays en route.
F.Â
The parade is not to be held for the sole purpose
of advertising any product, goods or event and is not designated to
be held purely for private profit.
[Amended 6-5-1995 by Ord. No. 5744-95; 8-1-1995 by Ord. No. 5756-95]
The City Manager/Director of Public Safety shall
act upon the application for parade permit within 24 hours after the
filing thereof. If the City Manager/Director of Public Safety disapproves
of the application, he shall immediately notify the applicant within
24 hours after the date upon which the application was filed. The
City Manager/Director of Public Safety shall state the reasons for
his denial of the permit.
[Amended 6-5-1995 by Ord. No. 5744-95;[1] 8-1-1995 by Ord. No. 5756-95]
The City Manager/Director of Public Safety,
in 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 alternate permit shall, within 24 hours after notice
of the action of the City Manager/Director of Public Safety, file
a written notice of acceptance with the City Manager/Director of Public
Safety. An alternate parade permit shall conform to the requirements
of, and shall have the effect of, a parade permit.
[Amended 6-5-1995 by Ord. No. 5744-95; 8-1-1995 by Ord. No. 5756-95]
Immediately upon the issuance of a parade permit,
the City Manager/Director of Public Safety shall send a copy thereof
to the following:
[Amended 6-5-1995 by Ord. No. 5744-95; 8-1-1995 by Ord. No. 5756-95]
Each parade permit shall state the following
information:
A.Â
Starting time.
B.Â
Minimum speed.
C.Â
Maximum speed.
D.Â
Maximum interval of space to be maintained between
the units of the parade.
E.Â
The portions of the streets to be traversed that may
be occupied by the parade.
F.Â
The maximum length of the parade in miles or fractions
thereof.
G.Â
Such other information as the City Manager/Director
of Public Safety shall find necessary for the proper enforcement of
this chapter.
[Amended 6-5-1995 by Ord. No. 5744-95; 8-1-1995 by Ord. No. 5756-95]
Possession of permit. The parade chairman or
other person heading or leading such activity shall carry the parade
permit upon his person during the conduct of the parade.
[Amended 6-5-1995 by Ord. No. 5744-95; 8-1-1995 by Ord. No. 5756-95]
A.Â
Interference. No person shall unreasonably hamper,
obstruct or impede or interfere with any parade or parade assembly
or with any person, vehicle or animal participating or used in a parade.
B.Â
Driving through parades. No driver of a vehicle, streetcar
or trackless trolley 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.Â
Parking on parade route. The City Manager/Director
of Public Safety shall have the authority, when reasonably necessary,
to prohibit or restrict the parking of vehicles along a highway or
part thereof constituting a part of the route of a parade. The City
Manager/Director of Public Safety shall post signs to such effect,
and it shall be unlawful for any person to park or leave unattended
any vehicle in violation thereof. No person shall be liable for parking
on a street unposted in violation of this chapter.
[Amended 6-5-1995 by Ord. No. 5744-95; 8-1-1995 by Ord. No. 5756-95]
The City Manager/Director of Public Safety shall
have the authority to revoke a parade permit issued hereunder upon
there being material differences in the application for a parade permit
and the actual event but solely if those differences could effect
the health, safety and general welfare of the participants of the
parade and/or the citizens of Clifton.
[Amended 6-5-1995 by Ord. No. 5744-95; 8-1-1995 by Ord. No. 5756-95]
A.Â
Any person, partnership, firm or corporation violating
any of the provisions of this chapter shall, upon conviction, be punished
by one or more of the following:
B.Â
Each violation of any of the provisions of this chapter
and each day the same is violated shall be deemed and taken to be
a separate and distinct offense.
C.Â
The minimum penalty or fine for the violation of any
of the provisions of this chapter shall be $100.
D.Â
In addition to the foregoing fines or penalties, any
person, partnership, firm or corporation violating any of the provisions
of this chapter within one year of the date of a previous violation
of the provisions of this chapter shall be subject to be sentenced
to an additional fine as a repeat offender. The additional fine shall
not be less than the minimum nor exceed the maximum fine as set forth
above and shall be calculated separately from the fine imposed for
a violation of the provisions of this chapter.