[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.]
As used in this chapter, the following terms shall have the meanings
indicated:
An organized procession containing 25 or more vehicles, except funeral
processions, upon any public street, sidewalk or alley.
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.
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.
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.
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.
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.
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.
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.
Immediately upon the granting of a permit for a parade or motorcade,
the Township Clerk shall send a copy thereof to the following:
Any charitable or nonprofit or governmental organization shall be exempt from payment of the permit fee set forth in § 159-4B hereof.
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.