[HISTORY: Adopted by the Township Committee
of the Township of Lumberton 2-18-1997 by Ord. No. 1997-3. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any gathering of 25 or more persons which requests road closures
that may interfere with the normal flow of pedestrian or vehicular
traffic.
[Added 10-16-2006 by Ord. No. 2006-16]
Any parade, march, ceremony, show, exhibition, pageant, assembly
or procession of any kind or any similar display in or upon any street,
park or other public place in the township.
Any meeting, demonstration, picket line, rally or gathering
of more than 25 persons for a common purpose as a result of prior
planning that interferes with or has a tendency to interfere with
the normal flow or regulation of pedestrian or vehicular traffic or
occupies any public area in a place open to the general public, regardless
of whether an admission fee is charged.
[Amended 6-21-1999 by Ord. No. 1999-10; 10-16-2006 by Ord. No. 2006-16]
No person shall engage in, participate in, aid,
form or start any parade or public assembly unless a permit shall
have been first obtained from the Township Clerk. This section shall
not apply to funeral processions or wedding processions; students
going to and from school classes or participating in education activities
under the immediate direction and supervision of the proper school
authorities; or a governmental agency acting within the scope of its
functions. Also excepted from inclusion in this section are spontaneous
events occasioned by news or affairs coming into public knowledge
within three days of such public assembly, provided that the organizer
thereof gives written notice to the township at least 24 hours prior
to such parade or public assembly.
[Amended 10-16-2006 by Ord. No. 2006-16]
A person seeking issuance of a parade, public
assembly, or block party permit shall file an application with the
office of the Township Clerk not less than 30 nor more than 45 days
before the date on which it is proposed to conduct said event. The
application shall set forth the following:
A.
The name, address and telephone number of the person
seeking to conduct the event.
B.
The name and address of the record owner of the subject
property or properties and the nature and interest of the applicant
therein; the proposed dates and hours of such assembly; the expected
maximum number of persons intended to use the property at one time
and collectively; and the purpose of the function, including the nature
of activities to be carried on and the admission fee to be charged,
if any.
C.
A map showing the size of the property; the zoning
district in which it is located; the streets or highways abutting
said property; and the size and location of any existing building,
buildings or structures or of any proposed building, buildings or
structures to be erected for the purpose of the assembly.
D.
A plan or drawing showing the method to be used for
the disposal of sanitary sewage.
E.
A plan or drawing showing the layout of any parking
area for automobiles and other vehicles and the means of ingress and
egress to such parking area. Such parking area shall provide one parking
space for every four persons in attendance.
F.
The method of disposing of any garbage, trash, rubbish
or other refuse arising therefrom.
G.
If a person other than the person applying for the
permit will be engaged in the sale or distribution of food and beverage,
the name and address of such person shall be submitted.
H.
A statement specifying whether any private security
guards or police will be engaged and, if so, the number thereof and
the duties to be performed by such persons.
I.
A statement specifying the precautions to be utilized
for fire protection and a map specifying the location of fire lands
and water supply for fire control.
J.
A statement specifying the facilities to be available
for emergency of any person who might require immediate medical or
nursing attention.
K.
The following additional information will be required
for a parade permit:
(1)
The route to be traveled, the starting and termination
point.
(2)
The approximate number of persons who, and vehicles
which, will constitute the parade and the description of the type
of vehicles.
(3)
A statement as to whether the parade will occupy all
or only a portion of the width of the streets proposed to be traversed.
(4)
The location, by streets, of any assembly area for
the parade.
(5)
The time at which units of the parade will begin to
assemble at the assembly area or areas.
L.
Any additional information which the Township Clerk
shall find reasonably necessary to a fair determination as to whether
a permit should be issued.
[Amended 10-16-2006 by Ord. No. 2006-16; 12-5-2019 by Ord. No. 2019-17]
Applicable fees are detailed in the universal fee chart located in § 18-2, reference number 29, of the Code of the Township of Lumberton.
A.
Immediately upon the filing of an application for
a parade permit, the Township Clerk shall send a notice thereof to
the members of the Township Committee, Chief of Police, Fire Official
and any other person he/she deems appropriate, including with the
notice a copy of the application and the date scheduled for a public
hearing on the permit.[1]
[1]
Editor's Note: Former Subsections B and C,
pertaining to public hearing conditions, which immediately followed
this subsection, were deleted 10-16-2006 by Ord. No. 2006-16.
[Amended 10-16-2006 by Ord. No. 2006-16]
A.
Upon conclusion of a review of the submitted application,
the Township Clerk shall determine, after a consideration of the application
and from such other information as may be requested from the applicant,
whether or not a permit should be issued, taking into account the
following factors:
(1)
The conduct of the parade will not substantially interrupt
the safe and orderly movement of other traffic contiguous to its route.
(2)
The public assembly or parade is not of a size or
nature that requires the diversion of so great a number of police
officers of the township to properly police the line of movement and
the areas contiguous thereto that allowing the event would deny reasonable
police protection to the township.
(3)
The conduct of the public assembly or parade will
not require the diversion of so great a number of ambulances so as
to prevent normal ambulance and emergency squad service to other portions
of the township.
(4)
The concentration of persons or vehicles at assembly
points of the public assembly or parade will not unduly interfere
with proper fire and police protection of areas contiguous to the
assembly areas.
(5)
The conduct of the public assembly or parade will
not interfere with the movement of fire-fighting equipment en route
to a fire.
(6)
The conduct of the public assembly or parade is not
reasonably likely to cause injury to persons or property.
(7)
The parade is scheduled to move from its point of
origin to its point of termination expeditiously and without unreasonable
delays en route.
B.
After considering the above criteria, if the Township
Clerk deems the specifics of the application to be inadvisable, then
he or she may authorize the conduct of the parade or public assembly
at a date, time, location or route different from that named by the
applicant. An applicant desiring to accept the alternate permit shall,
within five days after notice of the action of the Township Clerk,
file a written notice of acceptance with the Township Clerk.
C.
The Township Clerk shall uniformly consider each application
upon its merits and shall not discriminate in granting or denying
permits under this section upon political, religious, ethnic, race,
disability, sexual orientation or gender-related grounds.
[Amended 10-16-2006 by Ord. No. 2006-16]
The Township Clerk shall forthwith notify the
applicant of his or her decision whether or not to grant a permit.
If the permit is to be denied, a written resolution setting forth
the reasons for said denial shall be shed to the applicant. If the
permit is to be granted, a permit containing the following information
shall be forwarded to the applicant:
A.
Starting time.
B.
Minimum speed.
C.
Maximum speed.
D.
Maximum interval of space to be maintained between
the units of a parade.
E.
The portions of the street to be traversed that may
be occupied by the parade.
F.
The maximum length of the parade in miles or fraction
thereof.
G.
The number of persons required to monitor the parade
or public assembly.
H.
The number and type of vehicles, if any.
I.
That the permittee advise all participants in the
public assembly or parade, either orally or by written notice, of
the terms and conditions of the permit prior to the commencement of
such parade or public assembly.
J.
Such other requirements as are found to be reasonably
necessary for the protection of persons or property.
A permittee hereunder shall comply with all
permit directions and conditions and with all applicable laws and
ordinances.
The Township Committee, at its discretion, may
require the posting of a bond at the time of the issuance of a permit
in an amount sufficient to cover the costs of any expenses incurred
by the Township in regulating the parade or to provide compensation
for any anticipated damage caused by the parade or public assembly.
Said bond shall be posted in cash.
The Chairman or other person heading or leading
such activity shall carry the parade permit upon his person during
the conduct of the parade or public assembly.
The following standards for conduct shall be
enforced by the Chief of Police of Lumberton Township during the parade
or public assembly itself:
A.
Interference. No person shall unreasonably hamper,
obstruct, impede or interfere with any parade or public assembly or
with any person or vehicle participating or used in the parade or
public assembly.
B.
Driving through parades. No driver of a vehicle shall
drive between the vehicles or persons comprising a parade when these
vehicles or persons are in motion and are conspicuously designated
as a parade.
C.
Parking. The Chief of Police shall have the authority,
when reasonably necessary to prohibit or restrict the parking of vehicles
along a parade or public assembly route. Signs shall be posted to
that effect and it shall be unlawful for any person to park or leave
unattended any vehicle in violation thereof.
The Township Clerk shall have the authority
to revoke a permit issued hereunder upon the finding by him/her, without
public hearing, that the standards of the permit have been violated
by the permittee or when a public emergency arises such that the police
resources required for that emergency are such that deployment of
police services for the parade or public assembly would have an immediate
and adverse effect upon the welfare and safety of persons or property.
A.
It shall be unlawful for any person to stage, present
or conduct any parade or public assembly without first having obtained
a permit as herein provided.
B.
It shall be unlawful for any person to participate
in a parade or public assembly for which the person knows a permit
has not been granted.
C.
It shall be unlawful for any person in charge of or
responsible for the conduct of a duly licensed parade or public assembly
to knowingly fail to comply with any condition of the permit.
D.
It shall be unlawful for any person to engage in any
parade or public assembly activity that would constitute a substantial
hazard to the public safety or that would materially interfere with
or endanger the public peace or rights of residents to the quiet and
peaceful enjoyment of their property.
E.
It shall be unlawful for any person participating
in any parade or public assembly to carry or possess any length of
metal, lumber, wood or similar material for purposes of displaying
a sign, poster, plaque or notice unless such object is 1/4 inch or
less in thickness and two inches or less in width, or if not generally
rectangular in shape, such object shall not exceed 3/4 inch in its
thickest dimension unless waived by the Chief of Police.
F.
It shall be unlawful for any person to carry any sign, poster, plaque or notice, whether or not mounted on a length of material as specified in Subsection E of this section, unless such sign, poster, plaque or notice is constructed or made of cloth, paper or cardboard material.
G.
It shall be unlawful for any person participating in a parade or public assembly to utilize sound amplification equipment at decibel levels that exceed those limits imposed by Chapter 201 of the Code of the Township of Lumberton;
H.
It shall be unlawful for any person to ride, drive
or cause to be ridden or driven any animal or any animal-drawn vehicle
in conjunction with any public event or parade upon any public street,
unless specifically authorized by permit.
[Amended 12-5-2019 by Ord. No. 2019-19]
Any person, firm, corporation, association or legal party whatsoever who shall violate, or authorize or procure a violation, or cause to be violated, any provision of this chapter shall, upon conviction thereof, be punishable as provided under § 1-11 governing general penalty provisions. If the state requires, limits or expands potential minimum or maximum penalties in contradiction to this chapter, state law shall apply.
The Lumberton Township Police Department is
the enforcement agent of this chapter.
