City of Clifton, NJ Chapter 339 Parades

[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.]

§ 339-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

CHIEF OF POLICE

The Chief of Police of the City of Clifton.

CITY

The City of Clifton.

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.

PARADE PERMIT

A permit as required by this chapter.

PERSON

Any person, firm, partnership, association, corporation, company or organization of any kind.

§ 339-2 Permit required; exceptions.

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. Funeral processions.

B. Students going to and from school classes or participating in educational activities, provided that such conduct is under the immediate direction and supervision of the proper school authorities.

C. A government agency acting within the scope of its functions.

§ 339-3 Application for permit.

A. A person seeking issuance of a parade permit shall file an application with the Chief of Police on forms provided by such officer.

B. Filing period.

[Amended 6-5-1995 by Ord. No. 5744-95; 8-1-1995 by Ord. No. 5756-95]

(1) 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) 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. Contents. The application for a parade permit shall set forth the following information:

(1) The name, address and telephone number of the person seeking to conduct such parade.

(2) 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) The name, address and telephone number of the person who will be the parade chairman and who will be responsible for its conduct.

(4) The date when the parade is to be conducted.

(5) The route to be traveled, the starting point and the termination point.

(6) 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) The hours when such parade will start and terminate.

(8) 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) The location by streets of any assembly areas for such parade.

(10) The time at which units of the parade will begin to assemble at any such assembly area or areas.

(11) The interval of space to be maintained between units of such parade.

(12) 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) 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) 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) 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. 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. 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]

§ 339-4 Standards for issuance.

[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. 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. 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. 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. The conduct of such parade will not interfere with the movement of fire-fighting equipment en route to a fire.

E. The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route.

F. 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.

§ 339-5 Time limits for action on application.

[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.

§ 339-6 Alternate 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.

[1] Editor's Note: This ordinance also superseded former § 339-6, Appeals of denials; it renumbered former §§ 339-7 through 339-13 as §§ 339-6 through 339-12, respectively.

§ 339-7 Notice of issuance.

[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:

A. The Police Chief.

B. The Fire Chief.

C. The Director of the Department of Public works.

D. The general manager or responsible head of each public transportation utility, the regular routes of whose vehicles will be affected by the route of the proposed parade.

§ 339-8 Contents of permit.

[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. Starting time.

B. Minimum speed.

C. Maximum speed.

D. Maximum interval of space to be maintained between the units of the parade.

E. The portions of the 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 as the City Manager/Director of Public Safety shall find necessary for the proper enforcement of this chapter.

§ 339-9 Duties of permittee.

[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.

§ 339-10 Public conduct during parade.

[Amended 6-5-1995 by Ord. No. 5744-95; 8-1-1995 by Ord. No. 5756-95]

A. 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. 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. 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.

§ 339-11 Revocation of permit.

[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.

§ 339-12 Violations and penalties.

[Amended 6-5-1995 by Ord. No. 5744-95; 8-1-1995 by Ord. No. 5756-95]

A. 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:

(1) A fine not exceeding $1,000.

(2) Confinement in the municipal jail or in the county jail for a period not exceeding 90 days.

(3) A period of community service not exceeding 90 days.

B. 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. The minimum penalty or fine for the violation of any of the provisions of this chapter shall be $100.

D. 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.