[Amended 11-25-1997 by Ord. No. 97-85]
As used in this article, the following terms
shall have the meanings indicated:
EXTRAORDINARY COSTS
Costs associated with the performance of prohibited acts and which are not anticipated expenditures in the yearly budget of the City of Vineland. Such extraordinary costs shall not include costs for police and fire protection but shall include costs for such services as temporary electric, cleanup, temporary sanitary facilities and the related manpower, machinery and equipment for the same. Nothing contained in this section of the article shall be construed to prohibit any expressive activity protected by the First and Fourteenth Amendments to the United States Constitution and Article
I of the New Jersey Constitution. In computing extraordinary costs, the City of Vineland shall not discriminate on the basis of the content of the speech or the identity of the speaker(s).
[Amended 10-27-1998 by Ord. No. 98-71]
FIGHTING WORDS
Words that are likely to provoke the average person to retaliation
and thereby cause a breach of the peace. Fighting words shall include
direct personal insults and an initiation to exchange fisticuffs.
HANDBILLING
The activity of a person or persons in a place open and accessible
to the general public, distributing any circulars, advertising or
other printed, written or symbolic matter on any subject and for any
purpose.
PARK
Publicly owned land which has been set aside for the purpose
of providing a location for public gatherings, assemblies and recreation
which shall have designation as set forth in the State Plan Implementation
Inventory for Parks on file with the Office of the Business Administrator
of the City of Vineland.
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
PICKETING
The act of expressing a point of view with respect to any
subject of actual or potential dispute for the purpose of publicizing
that viewpoint and with the further purpose of inducing a specific
response from persons actually or likely to be found in the locality.
PUBLIC ASSEMBLY
A gathering of more than 10 persons for a common purpose
in a place open to the general public as a result of prior planning
or a spontaneous gathering for a common purpose in a place open to
the general public that continues in existence for more than 30 minutes.
SOLICITATION
The activity of a person or persons in a place open and accessible
to the general public who, by spoken language directed to persons
in the vicinity, attempts to disseminate facts or opinions regarding
any subject with the intent to induce a specific response from any
listener.
SPECIAL EVENT
Any event which, by its length of time of said event, number
of people attending and intended use of the public park:
A.
Unreasonably limits the availability of the
park to other persons not participating in said event.
B.
Makes use of the park for a purpose not intended.
C.
Creates a temporary use of the park not permitted
in its zone.
D.
Causes or intends to cause an occurrence of
one or more of the prohibited acts.
[Added 11-25-1997 by Ord. No. 97-85; amended 10-27-1998 by Ord. No. 98-71]
The following public parks within the City of Vineland are historically public forums dedicated to, among other purposes, recreation and the dissemination of information and opinion, public gatherings and assemblies protected by the First Amendment to the United States Constitution and the New Jersey Constitution, Article
I et seq. Each park shall have designated a maximum capacity of persons so gathering so as to provide a safe location for persons utilizing the park for its intended purpose. The maximum capacity shall be based upon component, intended use, service area and site characteristics, among other criteria, and maximum park occupancy calculations for all parks in the City of Vineland shall be on file in the office of the Business Administrator.
Community Parks
|
Cunningham Park (West and Wheat)
|
Fiocchi Park
|
Giampietro Park
|
Pagliughi Park (Magnolia Road)
|
West Side Park Recreation Area
|
South Vineland Park
|
Neighborhood Parks
|
Gittone Park (Northeast Park)
|
Landis Memorial Park
|
Normandie Lane Park
|
Clemente Park (Seventh and Humbert)
|
Mill and Walnut Park
|
Carl V. Arthur Recreation Area (Third and Plum)
|
Mercury Way Recreation Area
|
Gonzalez Park (Sixth and Almond)
|
West Earl Drive Minipark
|
South West Avenue Minipark (undeveloped)
|
[Added 11-25-1997 by Ord. No. 97-85]
A. Handbilling, picketing and solicitation is permitted;
provided, however, that such handbilling, picketing and solicitation
is performed in such a manner that such act does not block the path
of any pedestrian or halt his movement for the purpose of rendering
such pedestrian a captive audience or to compel the acceptance of
any leaflet or handout in return for passage.
B. Other prohibited acts. Handbilling, picketing and
solicitation shall not be permitted in a manner and sufficient number
that effectively prevents other persons with a right to be in the
vicinity of the handbilling, picketing and solicitation from exercising
their right to utilize the area or facilities therein for the purposes
for which it has been dedicated either by physical domination of the
area or by threats, intimidation or coercion actually arousing or
having a tendency to arouse a fear of bodily harm with respect to
any person who does not accede to the will of the handbiller, picketer
or solicitor.
This article is in addition to and not in derogation
of any ordinance involving or affecting any of the subject matters
contained in this article.
[Amended 11-25-1997 by Ord. No. 97-85; 10-27-1998 by Ord. No. 98-71]
In granting or denying permits for parks use,
the Recreation Commission will not discriminate on the basis of race,
creed, religion, national origin, the content of the speech or the
identity of the speaker(s). Permits for special events in parks shall
be limited to one permit per day in each park and shall be obtained
by application to the Recreation Commission in accordance with the
following procedure:
A. Permit process.
(1) A person requesting a permit for a special event shall
complete an application, the form of which shall be approved by the
Recreation Commission. Such applications shall include but not be
limited to the following information:
(a)
The full legal name of the sponsoring person.
(b)
The mailing address for each sponsoring person.
(c)
If a corporation, the state of incorporation
and name and address of registering agent.
(d)
The date and hours of said event.
(e)
Anticipated number of persons who shall attend
said event, if known, and the basis for said estimate. If no estimate
is made, the reason why such estimate cannot be made.
(f)
The park or portion thereof proposed as the
location of the event.
(g)
All machinery, motor vehicles, rides and electrical
equipment, if any, the applicant intends to bring into the park.
(2) The Superintendent of Recreation shall submit the
application to all directors duly appointed within the City of Vineland.
Each department shall provide a written report to the Superintendent,
stating:
(a)
Whether the special event can occur without
unreasonably restricting the use of the park by other persons not
attending the event.
(b)
The anticipated extraordinary costs to the department.
Such costs shall include estimated overtime pay for employees and
extraordinary services required of that department.
(c)
Whether the park has adequate facilities and
size so as to accommodate the anticipated number of persons attending
the event as well as the estimated average number of persons utilizing
the park not attending the event so as to protect the health and safety
of those persons utilizing the park.
(d)
Whether the department can provide adequate
municipal services, including employees, equipment and facilities.
(e)
Whether the special event involves the use of
machinery, motor vehicles, rides and electrical equipment not located
within the park for public use.
(3) Each department may request additional information
of any applicant which will aid in the completion of its report. Each
department shall utilize the information provided by the applicant
and the factual data available in assessing the application, and this
information shall be contained in its report. All reports shall be
submitted to the Superintendent of Recreation, who shall have them
delivered to the Recreation Commission. In the event that a department
fails to provide a report, this shall be deemed as having no effect
upon that department and no extraordinary cost associated with the
event.
(4) Public gatherings and assemblies.
(a)
An application for a permit for a special event for public gatherings and assemblies protected by the First Amendment to the United States Constitution and the New Jersey State Constitution, Article
I et seq., shall be granted or denied within two business days of the receipt of a fully completed application. Notice shall be in writing and mailed to the address listed upon the application. The applicant shall also receive a copy of the anticipated extraordinary costs associated with the event.
(b)
Applicants are requested to submit their applications
at least 10 days in advance of the special event for which a permit
is requested. All applicants shall be permitted to provide to the
Recreation Commission a plan which would defray the anticipated extraordinary
costs as reported by each department. The plan shall only be considered
if received within seven days of the date the Recreation Commission
decision is mailed to the applicant but not later than five days before
said event. If it is determined by the Recreation Commission and said
Director that the submitted plan can be implemented without compromising
the health and safety of the participants and public, it shall allow
the submitted plan to be implemented by the applicant.
(5) Other applicants.
(a)
All applicants for a permit for special events other than those for public gatherings and assemblies protected by the First Amendment to the United States Constitution and the New Jersey State Constitution, Article
I et seq., shall be submitted not less than 30 days prior to the proposed commencement of the event.
(b)
The Recreation Commission shall determine whether
a permit shall be issued based on a simple majority of its voting
members. The application shall be granted or denied within 15 days
of the receipt of a fully completed application.
(c)
Notice shall be in writing and mailed to the
address listed upon the application. The applicant shall also receive
a copy of the anticipated extraordinary costs associated with the
event.
(d)
All applicants shall be permitted to provide
to the Recreation Commission a plan which would defray the anticipated
extraordinary costs as reported by each department. This plan shall
be submitted in writing for review by the Recreation Commission and
the Director of the affected department within five days of the date
the Commission's decision is mailed to the applicant. If it is determined
by the Recreation Commission and said Director that the submitted
plan can be implemented without compromising the health and safety
of the participant and public, the Recreation Commission may issue
such permit and allow the submitted plan to be implemented by the
applicant.
(e)
In the event that the Recreation Commission
shall not convene so as to comply with the time requirements contained
herein, the Superintendent of Recreation shall act upon such applications.
B. Insurance and reimbursements. The following requirements
shall apply to insurance and reimbursements:
(1) All applicants shall enter into an agreement with
the City of Vineland wherein they shall agree to reimburse the City
of Vineland for all extraordinary costs incurred by the City of Vineland
for said event.
(2) Any person or entity that provides a service to the
public which involves the performance of a prohibited act such as
amusement rides shall submit a policy of liability insurance naming
the City of Vineland as an additional insured in an amount of coverage
not less than $1,000,000 per incident and $3,000,000 aggregate.
(3) Those special events for public gatherings and assemblies protected by the First Amendment to the United States Constitution and the New Jersey State Constitution, Article
I et seq., shall be exempt from the insurance requirements of this subsection.
(4) Sponsors of special events that include expressive
activity shall not themselves be required to obtain insurance but
shall ensure that the appropriate insurance certificates for associated
services shall be provided to the City of Vineland prior to the event
as stated hereinabove. In the event that the City of Vineland does
not receive an insurance certificate as required herein, then such
service shall be prohibited; however, the City of Vineland may not
prohibit the special event from taking place.
(5) All other applicants for a special event permit shall
provide proof of existence of liability insurance for the date or
dates of the event wherein the City of Vineland is named as an additional
insured in an amount of coverage not less than $1,000,000 per incident
and $3,000,000 aggregate. The policy may be in the name of any entity
providing a service on behalf of the applicant.
(6) At the conclusion of said event, each department shall
report to the Superintendent of Recreation the actual cost associated
with said event. The sponsoring person shall, within 30 days, reimburse
the City of Vineland for all extraordinary costs associated with said
event. In the event that the sponsoring person fails to comply with
this section, the sponsoring person shall be required to post surety
in an amount equal to the anticipated extraordinary costs associated
with any future applications. The City of Vineland may pursue collection
of any sums due the City of Vineland under the terms of the agreement
hereinabove stated.
C. Appeals process.
(1) Special permit for public gatherings and assemblies protected by the First Amendment to the United States Constitution and the New Jersey State Constitution, Article
I et seq. In the event that the Recreation Commission denies a special permit, it shall so notify the applicant, in writing, including reasons for refusal of said permit. Notice shall be mailed to the address set forth upon the application. If the applicant accepts the refusal of said permit, he shall acknowledge this acceptance in writing. If the applicant fails to sign the acceptance or takes no action, in either of said events the municipality shall apply for a judicial determination and final hearing on the denial on the merits within two days of said denial. The municipality may request a temporary restraining order and permanent restraints.
(2) Other special permits. In the event that the Recreation Commission denies a special permit, it shall so advise the applicant, in writing, including reasons for refusal of said permit. The aggrieved person shall have the right to appeal this decision to City Council by serving written notice thereof on the City Clerk within five days of said refusal. A copy of said notice shall also be served on the Recreation Commission within the same time, and said Commission shall immediately forward the application and the reasons for its refusal to the City Council, which shall consider the application under the standards set forth under Subsection
A hereof and sustain or overrule the Recreation Commission's decision within five days from the receipt of the appeal by the City Clerk. The decision of the City Council shall be final.
D. A permittee shall be bound by all park rules and regulations
and all applicable ordinances as fully as though the same were inserted
in said permits.
E. The person or persons to whom the permit is issued
shall be liable for all loss, damage or injury sustained by any person
whatever by reason of the negligence of the person or persons to whom
such permit shall have been issued.
F. Revocation. The Recreation Commission shall have the
authority to revoke a permit upon a finding of violation of any rule
or ordinance or upon good cause shown.
[Amended 11-25-1997 by Ord. No. 97-85]
A. The Recreation Commission and park attendants shall,
in connection with their duties imposed by law, diligently enforce
the provisions of this article.
B. The Recreation Commission and any park attendant shall
have the authority to eject from the park area any person or persons
acting in violation of this article.
C. The Recreation Commission and any park attendant shall
have the authority to seize and confiscate any property, thing or
device in the park, or used therein, in violation of this article.
D. This article shall also be enforced by the Police
Department of the City of Vineland.
No owner or driver shall cause or permit his
vehicle to stand outside designated parking spaces except for a reasonable
time to take up or discharge passengers or equipment. No motor vehicle
shall be parked in said park areas from 1/2 hour after sunset until
sunrise, except as otherwise permitted.
The City of Vineland reserves the right with
respect to any or all of the public park and recreation areas and
any facilities located therein to enter into any agreement with the
Board of Education of the City of Vineland concerning the control
and use thereof, and, anything contained in this article to the contrary
notwithstanding, any use of said premises or said facilities by the
Board of Education pursuant to any agreement with the City of Vineland
or Recreation Commission heretofore or hereafter entered into shall
be free and exclusive from any control or supervision of or by the
Recreation Commission.
[Amended 8-28-1990 by Ord. No. 90-79; 11-25-1997 by Ord. No. 97-85]
Any person violating any of the provisions of this article or any rule or regulation promulgated pursuant hereto shall, upon conviction, be punishable as provided in Chapter
1, General Provisions, Article
II, General Penalty