[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:
A.
The name, address and telephone number of the person
seeking to conduct the parade.
B.
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.
C.
The name, address and telephone number of the person
who will be the parade chairman and who will be responsible for its conduct.
D.
The date when the parade is to be conducted.
E.
The route to be traveled, the starting point and the
termination point.
F.
The approximate number of persons who, and animals and
vehicles which, will constitute the parade, the type of animals and description
of the vehicles.
G.
The hours when the parade will start and terminate.
H.
A statement as to whether the parade will occupy all
or only a portion of the width of the streets proposed to be traversed.
I.
The location, by streets, of any assembly areas for the
parade.
J.
The time at which units of the parade will begin to assemble
at the assembly area or areas.
K.
The interval of space to be maintained between units
of the parade.
L.
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.
M.
Any additional information which the Township Administrator
shall find reasonably necessary to a fair determination as to whether a permit
should issue.
A.
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.
B.
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:
A.
The conduct of the parade will not substantially interrupt
the safe and orderly movement of other traffic contiguous to its route.
B.
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.
C.
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.
D.
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.
E.
The conduct of the parade will not interfere with the
movement of fire-fighting equipment en route to a fire.
F.
The conduct of the parade is not reasonably likely to
cause injury to persons or property, to provoke disorderly conduct or create
a disturbance.
G.
The parade is scheduled to move from its point of origin
to its point of termination expeditiously and without unreasonable delays
en route.
H.
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:
A.
Starting time.
B.
Minimum speed.
C.
Maximum speed.
D.
Maximum interval of space to be maintained between the
units of the 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.
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:
A.
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.
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 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.
