[HISTORY: Adopted by the Borough Council of the Borough of Hillsdale
6-27-1972 by Ord. No. 72-9 as Ch. 19, Art. 7, of the Revised Ordinances of
1972. Amendments noted where applicable.]
As used in this c[1]hapter, the following terms shall have the meanings indicated:
Any parade, march, pageant or procession of any kind, moving in or
upon any street, park or other place in the Borough.
A gathering, demonstration or neighborhood block party or other same
or similar event which is not a procession and is on or between not more than
two contiguous streets in the Borough, and which requires the temporary closing
of vehicular traffic on those streets to accommodate the event.
[Amended 5-13-1997 by Ord.
No. 97-8]
[1]
Editor's Note: For power of a municipality to enact ordinances to
regulate processions and parades through its streets and highways, see N.J.S.A.
40:67-1. See also N.J.S.A. 39:4-93 for traffic regulations affecting processions.END
FNOTE
No person shall engage in, participate in, aid, form or start any parade
or street meeting unless a permit therefor shall have been issued by the Borough
Clerk after approval thereof in accordance with the provisions of this chapter.
[Amended 10-2-2001 by Ord.
No. 01-19]
An application for a permit shall be filed with the Borough Clerk not
less than 21 days before the date on which it is proposed to conduct the parade
or hold the street meeting.
[Amended 5-13-1997 by Ord.
No. 97-8; 10-2-2001 by Ord.
No. 01-19]
A.
The Borough Clerk is hereby authorized to grant permission
for a street meeting/block party when, after consultation and approval by
the Chief Law Enforcement Officer or his/her designated law enforcement officer:
(1)
The conduct of the street meeting/block party will not
substantially interrupt the safe and orderly movement of other traffic contiguous
to the place of the street meeting/block party.
(2)
The street meeting/block party will not be held for the
sole purpose of advertising any commercial products, goods or events and is
not designed for private profit.
(3)
The Department of Public Works shall be notified three
days in advance of the event and appropriate Borough-owned barricades will
be provided to the place of the street meeting/block party on the day before
the event.
(4)
The Mayor and Council shall be notified by the Borough
Clerk prior to all scheduled street meeting/block parties.
(5)
For said event a hold-harmless agreement and insurance
shall not be required. Exception: When any mechanical, stationary or live
form of entertainment is rented, leased or owned by a resident for the purpose
of holding a street meeting/block party and said mechanical, stationary or
live form of entertainment is utilized, placed and/or located on a public
street, borough property and/or borough right-of-way, a hold-harmless agreement
in favor of the Borough of Hillsdale and an insurance certificate naming the
Borough of Hillsdale as additional insured from said rented, leased, or owned
form of entertainment shall then be required.
B.
The Council shall approve the issuance by the Borough
Clerk of a permit for a parade when, from consideration of the application
and from such other information as may be obtained, the Council finds that:
(1)
The conduct of the parade will not substantially interrupt
the safe and orderly movement of other traffic contiguous to its route.
(2)
It will not require the diversion of Borough employees
so as to prevent the furnishing of essential police, fire and health services
in the Borough.
(3)
The parade will not be held for the sole purpose of advertising
any commercial products, goods or events and is not designed to be held purely
for private profit.
(4)
For said event a hold-harmless agreement and insurance
shall be required by the Mayor and Council.
At the next meeting of the Council after the filing of an application
for a permit, the Council shall act upon the application by approving or denying
the issuance of a permit. Upon approval of the application, the Borough Clerk
shall issue the permit. If the application is not approved, the Council shall
forthwith notify the applicant and provide him or her with reasons for denial.
A.
In denying an application for permit, the Council is
empowered and authorized to approve the issuance, by the Borough Clerk, of
a permit, hereinafter referred to as the "alternate permit," for the conduct
of the parade on a date, at a time and place or over a route different from
that named by the applicant. If the applicant files, within three days after
the notice of such action, a written notice of acceptance of such proposed
alternate permit, the Borough Clerk shall issue such alternate permit.
[Amended 10-2-2001 by Ord.
No. 01-19]
B.
Such alternate permit shall conform to all the requirements
of, and have the same effect as, and be deemed to be, a permit issued pursuant
to this chapter.
Every permit issued under this chapter shall terminate at the finishing time set forth in the permit as required by § 216-8, unless sooner revoked or suspended for cause.
Each permit issued under this chapter shall be valid only for the place
or route designated therein and to the person whose name is set forth in the
permit. No permit shall be transferable except by consent of the Council.
The holder of a permit under this chapter shall comply with all permit
directions and conditions and with all applicable laws and ordinances.
The chairman of the parade or street meeting or other person heading
or leading the same shall carry the permit upon his or her person during the
conduct of the parade or street meeting.
[Amended 5-13-1997 by Ord.
No. 97-8]
Permits issued under this chapter may be suspended or revoked by the
Borough Council or the Chief Law Enforcement Officer upon any of the following
grounds:
Any person who violates any provision of this chapter shall, upon conviction thereof, be subject to the provisions of Chapter 226, Penalties.
