Township of Manalapan, NJ Chapter 159 Parades and Motorcades

[HISTORY: Adopted by the Township Committee of the Township of Manalapan 10-27-1993 by Ord. No. 93-30 as Ch. 154 of the 1993 Code. Amendments noted where applicable.]

GENERAL REFERENCES

General penalty — See Ch. 1, Art. II.

Licenses and permits — See Ch. 137.

Vehicles and traffic — See Ch. 226.

§ 159-1 Definitions.

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

MOTORCADE

An organized procession containing 25 or more vehicles, except funeral processions, upon any public street, sidewalk or alley.

PARADE

Any march or procession consisting of people, animals or vehicles, or combination thereof, except funeral processions, upon any public street, sidewalk or alley, which does not comply with normal and usual traffic regulations or controls.

§ 159-2 Permit required.

It shall be unlawful for any person to conduct a parade or motorcade in or upon any public street, sidewalk or alley in the Township of Manalapan or knowingly participate in any such parade or motorcade unless and until a permit to conduct such parade or motorcade has been obtained from the Township Clerk. Permits for parades and/or motorcades shall be issued, following compliance with all other sections of this chapter, by the Township Clerk, only for routes to be traveled on and along through streets in the Township of Manalapan, and no other streets, sidewalks or alleys may be used for the purpose of a parade or motorcade in the Township of Manalapan unless the Township Clerk finds unusual circumstances and, in the exercise of his sound discretion, waives the foregoing requirement; provided, further, that the foregoing does not preclude the use of side streets along through streets in the Township of Manalapan for assembly and disbanding areas, so long as those side streets are enumerated in the application and ultimately approved in the permit subsequently issued.

§ 159-3 Unauthorized participation or interference prohibited.

No person shall knowingly join or participate in any parade or motorcade conducted under a permit from the Township Clerk in violation of any of the terms of said permit or knowingly join or participate in any permitted parade or motorcade without the consent and over the objection of the permittee or in any manner interfere with its progress or orderly conduct.

§ 159-4 Application for permit; fee.

A. Any person who wants to conduct a parade or motorcade shall apply to the Township Clerk for a permit at least 10 days in advance of the date of the proposed parade or motorcade. The Township Clerk may, in his discretion, consider any application for a permit to conduct a parade or motorcade which is filed less than 10 days prior to the date such parade or motorcade is to be conducted. The application for such permit shall be made in writing, on a form provided by the Township Clerk. In order that adequate arrangements may be made for the proper policing of the parade or motorcade, the application shall contain the following information and fees:

(1) The name of the applicant, the sponsoring organization, the parade or motorcade chairman and the address and telephone number of each.

(2) The purpose of the parade or motorcade, the date when it is proposed to be conducted, the location of the assembly area, the location of the disbanding area, route to be traveled and the approximate time when the parade or motorcade will assemble, start and terminate.

(3) A description of the individual floats, marching units, vehicles and bands.

(4) Such other information as the Township Clerk may deem reasonably necessary.

B. The application shall be accompanied by a nonrefundable permit fee in the amount of $10.

§ 159-5 Issuance of permit.

A. Standards for issuance.

(1) The Township Clerk shall issue a parade or motorcade permit conditioned upon the applicant's written agreement to comply with the terms of such permit, unless the Township Clerk finds that:

(a) The time, route and size of the parade or motorcade will disrupt to an unreasonable extent the movement of other traffic.

(b) The parade or motorcade is 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 parade or motorcade would deny reasonable police protection to the Township in general.

(c) Such parade or motorcade will interfere with another parade or motorcade for which a permit has been issued.

(2) The Township Clerk may establish reasonable conditions for the issuance of the permit, consistent with and in furtherance of the provisions of this chapter.

B. Standards for denial. The Township Clerk shall deny an application for a parade or motorcade permit and notify the applicant of such denial where:

(1) The Township Clerk makes any finding contrary to the findings required to be made for the issuance of a permit.

(2) The information contained in the application is found to be false or nonexistent in any material detail.

(3) The applicant refuses to agree to abide by or comply with all conditions of the permit and any and all other sections of this chapter.

§ 159-6 Contents of permit.

In each permit, the Township Clerk shall specify:

A. The assembly area and time therefor.

B. The starting time.

C. The minimum and maximum speeds.

D. The route of the parade or motorcade.

E. What portions of streets to be traversed may be occupied by such parade or motorcade.

F. The maximum number of platoons or units and the maximum intervals of space to be maintained between units of such parade or motorcade.

G. The maximum length of such parade or motorcade in miles or fractions thereof.

H. The disbanding area and disbanding time.

I. The number of persons required to monitor the parade or motorcade.

J. The number and type of vehicles, if any.

K. The materials and maximum size of any sign, banner, placard or carrying device therefor.

L. The materials used in the construction of floats used in any parade shall be fire-retardant materials and shall be subject to such requirements concerning fire safety as may be determined by the Fire Marshal for the area used.

M. That the permittee advise all participants in the parade or motorcade, either orally or by written notice, of the terms and conditions of the permit, prior to the commencement of such parade or motorcade.

N. That the parade or motorcade continue to move at a fixed rate of speed and that any willful delay or willful stopping of said parade or motorcade, except when reasonably required for the safe and orderly conduct of the parade or motorcade, shall constitute a violation of the permit.

O. Such other requirements as are found by the Township Clerk to be reasonably necessary for the protection of persons or property.

§ 159-7 Appeal procedure.

A. Upon denial by the Township Clerk of an application made pursuant to § 159-4 of this chapter, the applicant may appeal from the determination of the Township Clerk within four days thereafter to the Township Committee by filing a written notice of appeal for hearing by the Township Committee. Upon such appeal, the Township Committee may reverse, affirm or modify in any regard the determination of the Township Clerk.

B. In the event that an application is not filed within the required time as specified in § 159-4, the applicant may request a waiver of such requirement by the Township Committee at its next regular meeting or at a special meeting which may be called prior thereto by said Township Committee to consider such matter, and the Township Committee, if it finds unusual circumstances and in the exercise of its sound discretion, may waive such requirement. If the time period is waived, the Township Committee itself shall issue or deny the permit.

§ 159-8 Notification of officials.

Immediately upon the granting of a permit for a parade or motorcade, the Township Clerk shall send a copy thereof to the following:

A. The Mayor.

B. The Chief of Police.

C. The Fire Chief of the affected area.

§ 159-9 Exemptions.

Any charitable or nonprofit or governmental organization shall be exempt from payment of the permit fee set forth in § 159-4B hereof.

§ 159-10 Revocation of permit.

Any permit for a parade or motorcade issued pursuant to this chapter may be summarily revoked by the Township Clerk at any time when, by reason of disaster, public calamity, riot or other emergency, or serious threat thereof, the Township Clerk determines that the safety of the public or property requires such revocation. Notice of such action revoking a permit shall be delivered in writing, if possible, to the permittee by personal service or by certified mail, return receipt requested, at the address given as required in § 159-4 of this chapter.