[HISTORY: Adopted by the Township Committee (now Township Council) of the Township of Pemberton 9-17-1979 as Ord. No. 16-1979. Amendments noted where applicable.]
The Township Council has found that it is necessary in order to protect the rights of the majority of the citizens within the township to regulate the assembly of persons in such a way as to minimize the impact of that assembly upon the free flow of vehicular and pedestrian traffic and minimize interference with businesses while still protecting the rights guaranteed under the First Amendment of the Constitution.
As used in this chapter, the following terms shall have the meanings indicated:
- 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.
No person shall engage in, participate in, aid, form or start any parade unless a parade permit shall have been first obtained from the Township Administrator. This section shall not apply to funeral processions; students going to and from school classes or participating in educational activities under the immediate direction and supervision of the proper school authorities; or a governmental agency acting within the scope of its functions.
A person seeking issuance of a parade permit shall file an application with the office of the Township Administrator not less than 30 nor more than 90 days before the date on which it is proposed to conduct the parade. The application shall set forth the following:
The name, address and telephone number of the person seeking to conduct the parade.
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 the organization.
The name, address and telephone number of the person who will be the parade chairman and who will be responsible for its conduct.
The date when the parade is to be conducted.
The route to be traveled, the starting point and the termination point.
The approximate number of persons who, and animals and vehicles which, will constitute the parade, the type of animals and description of the vehicles.
The hours when the parade will start and terminate.
A statement as to whether the parade will occupy all or only a portion of the width of the streets proposed to be traversed.
The location, by streets, of any assembly areas for the parade.
The time at which units of the parade will begin to assemble at the assembly area or areas.
The interval of space to be maintained between units of the parade.
If the parade is designed to be held by and on behalf of or for any person other than the applicant, the applicant for the permit shall include a written authorization from the person proposing to hold the parade, authorizing the applicant to apply for the permit on his behalf.
Any additional information which the Township Administrator shall find reasonably necessary to a fair determination as to whether a permit should issue.
Immediately upon the filing of an application for a parade permit, the Township Administrator shall send a notice thereof to the members of the Township Council, Township Attorney, Chief of Police, Fire Chiefs and any other person he deems appropriate, including with the notice a copy of the application and the date scheduled for a public hearing on the permit.
The Administrator shall schedule a public hearing on the application at the next regularly scheduled Township Council meeting or at any other duly advertised meeting which he feels is appropriate, but no later than 32 days after the application is first filed.
Upon conclusion of a public hearing, the Township Council shall determine, after a consideration of the application and the testimony given at the public hearing and from such other information as it may request from the applicant, whether or not a permit should issue, taking into account the following factors:
The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route.
The conduct of the parade will not require 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 as to prevent normal police protection to the township.
The conduct of the parade will not require the diversion of so great a number of ambulances as to prevent normal ambulance and emergency squad service to portions of the township other than that to be occupied by the proposed line of march and areas contiguous thereto.
The concentration of persons, animals and/or vehicles at assembly points of the parade will not unduly interfere with proper fire and police protection of areas contiguous to the assembly areas.
The conduct of the parade will not interfere with the movement of fire-fighting equipment en route to a fire.
The conduct of the parade is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or create a disturbance.
The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route.
The parade is not to be held for the sole purpose of advertising any product, goods or event and is not designed to be held purely for private profit.
The Township Council shall forthwith notify the applicant of its 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 furnished to the applicant. If the permit is to be granted, a parade permit containing the following information shall be forwarded to the applicant:
Maximum interval of space to be maintained between the units of the parade.
The portions of the street to be traversed that may be occupied by the parade.
The maximum length of the parade in miles or fraction thereof.
Any other information which the Council shall find necessary to the enforcement of this chapter.
The Township Council, 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 five days after notice of the action of the Township Council, file a written notice of acceptance with the Township Administrator. An alternate parade permit shall conform to the requirements of and shall have the effect of a parade permit under this chapter.
A permittee hereunder shall comply with all permit directions and conditions and with all applicable laws and ordinances.
The Township Council, at its discretion, may require the posting of a bond at the time of the issuance of a parade permit, in 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. Said bond shall be in a form acceptable to the Council and the Township Attorney.
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.
The following standards for public conduct shall be enforced by the Chief of Police of Pemberton Township during the parade itself:
Interference. No person shall unreasonably hamper, obstruct, impede or interfere with any parade or parade assembly or with any person, vehicle or animal participating or used in a parade.
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.
Parking. The Chief of Police shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a parade 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 Administrator shall have the authority to revoke a parade permit issued hereunder upon a finding by him, without public hearing, that the standards of the permit have been violated by the permittee.
[Added 2-4-1993 by Ord. No. 1-1993]
The Municipal Police Department is the enforcement agent of this chapter.