City of Vineland, NJ Assemblies, Processions, Parades, Handbilling, Picketing and Soliciting

A building or location specifically designed to provide medical services.

A building or location specifically designed to provide other necessary services to persons.

PARADE

A coordinated movement of two or more persons or vehicles upon the streets, roads or highways within the City with an intent to attract public attention that interferes with or has a tendency to interfere with the normal flow or regulation of traffic upon the streets, roads or highways. Picketing shall not be deemed a parade.

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.

PROCESSION

A public assembly that moves as a unit in the streets, sidewalks or parks with the specific purpose of moving from the point of assembly to a predetermined destination.

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.

SOLICITING

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.

Those costs incurred by the municipality for manpower, machinery and equipment, utilities, temporary facilities and the like which are made necessary by an unusual or unforeseen occurrence or activity. Those costs shall include costs for which the municipality has not budgeted funds for a specific occurrence or activity. Those costs shall include the following:

Costs for cleanup associated with an occurrence or activity.

Costs for temporary sanitary facility.

Overtime pay for municipal employees necessary so as to comply with any federal, state, county or local law or ordinance associated with an occurrence or activity.

Extraordinary costs shall not relate to any costs associated with the content of the speech, message or information disseminated.

§ 630-25 Public assemblies upon streets, roads and highways.

Public assemblies upon municipal streets, roads and highways are prohibited inasmuch as the City of Vineland has a duty to prevent violence, maintain order and the right of persons and property to move upon public streets, roads and highways; to provide an environment conducive to the effective administration of justice and governmental functions; to protect the rights of public and private businesses to function; and to protect the citizens from unreasonable invasion of their right to privacy.

Exceptions. Government-sponsored parades in recognition of national, state and municipally proclaimed holidays which are planned, organized and executed by the City of Vineland. Public assemblies upon municipal streets, roads and highways are permitted, provided that a permit has been issued for a street closing pursuant to N.J.S.A. 40:67-1 et seq. and Ordinance No. 905[1] of the City of Vineland. In granting or denying a permit, the issuing authority will not discriminate on the basis of race, creed, religion, national origin, the content of the speech or the identity of the speaker(s).

[Amended 10-27-1998 by Ord. No. 98-72]

Permit process.

Any person requesting a permit for the closing of a street, road or highway shall complete and submit an application, the form of which shall be approved by City Council, not less than three business days prior to the proposed commencement of the event for which a street closing shall take place. Such application shall include, but not be limited to, the following information:

The full legal name of the sponsoring person.

[2]

The mailing address for each sponsoring person.

[3]

If a corporation, the state of incorporation and name and address of registering agent.

[4]

The date and hours of said event.

[5]

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.

[6]

The location, street or portion thereof to be closed, including the two closest intersecting streets.

The Business Administrator shall submit the application to all directors duly appointed within the City of Vineland as well as to the Administrator of the Vineland Downtown Improvement District (VDID). Each department and the VDID shall provide a written report to the Business Administrator, stating:

Whether said street closing shall unreasonably restrict the flow of traffic through the municipality.

[2]

Whether said street closing shall unreasonably restrict access to any municipal building.

[3]

Whether said street closing shall unreasonably restrict access to any business.

[4]

Whether said street closing shall restrict access to any hospital or medical/professional building.

[5]

Whether said street closing shall unreasonably restrict access to any place of worship.

[6]

Whether the department can provide adequate municipal services, including employees, equipment and facilities.

[7]

The anticipated extraordinary cost to the department. Such costs shall include estimated overtime pay for employees and extraordinary services required of that department.

(c)

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 Business Administrator, who shall have them delivered to the Mayor. 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. The permit for a street closing 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. All applicants are requested to submit their applications at least 10 days in advance of the event for which a street closing is requested. All applicants shall be permitted to provide to the Mayor 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 Mayor's decision is mailed to the applicant but not later than five days before said event. If it is determined by the Mayor and said Director that the submitted plan can be implemented without compromising the health and safety of the participants and public, the Mayor shall allow the submitted plan to be implemented by the applicant. 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. At the conclusion of said event, each department shall report to the Business Administrator the actual extraordinary costs 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 herein above stated.

Editor's Note: See Ch. 626, Street Closings, Temporary.

§ 630-26 Public assemblies and processions upon sidewalks.

Public assemblies upon sidewalks shall be permitted so as to provide ordinary citizens a forum in which to communicate their ideas, beliefs and opinions to the public at large. Processions upon sidewalks shall be permitted.

§ 630-27 Handbilling, picketing and solicitation upon streets, roads, highways and sidewalks.

Handbilling, picketing and solicitation upon the streets, roads and highways within the control of the municipality 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 vehicle or compel such vehicle to halt its movement or to operate in any manner in violation of any state statute or municipal ordinance.

Handbilling, picketing and solicitation upon sidewalks 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 to 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.

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.

§ 630-28 Parades.

No person shall hold, conduct or engage in any parade unless a parade permit shall have been lawfully issued.

Exceptions.

Funeral processions are permitted.

Students going to and from school classes or participating in educational activities, provided that such conduct is under the immediate direction and supervision of the proper school authorities.

A government agency activity within the scope of its functions.

(4)

Government-sponsored parades in recognition of national, state and municipally proclaimed holidays.

(5)

Those persons who shall have received a lawfully issued parade permit.

Permit process.

Any person requesting a permit for a parade shall complete an application, the form of which shall be approved by City Council, not less than three business days prior to the proposed commencement of the event. In granting or denying a permit, the issuing authority shall not discriminate on the basis of race, creed, religion, national origin, the content of the speech or the identity of the speaker(s). Such application shall include, but not be limited to, the following information:

[Amended 10-27-1998 by Ord. No. 98-72]

The full legal name of each sponsoring person.

The mailing address for each sponsoring person.

(c)

If a corporation, the state of incorporation, name and address of registering agent.

(d)

The date and hours of said event.

(e)

Anticipated number of persons, animals, vehicles and floats participating in the parade.

(f)

The streets or portions thereof and the exact parade route, including the location from which the parade shall commence and end.

Whether said parade shall unreasonably restrict the flow of traffic through the municipality.

Whether said parade shall unreasonably restrict access to any municipal building.

(c)

Whether said parade shall unreasonably restrict access to any business.

(d)

Whether said parade shall restrict access to any hospital or medical/professional building.

(e)

Whether said parade shall unreasonably restrict access to any place of worship.

(f)

Whether the department can provide adequate municipal services, including employees, equipment and facilities.

(g)

The anticipated extraordinary cost to the department. Such costs shall include estimated overtime pay for employees and extraordinary services required of that department.

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 Business Administrator who shall have them delivered to the Mayor.) 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. The permit for a street closing 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. All applicants are requested to submit their applications at least 10 days in advance of the event for which a street closing is requested. All applicants shall be permitted to provide to the Mayor 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 Mayor's decision is mailed to the applicant but not later than five days before said event. If it is determined by the Mayor and said Director that the submitted plan can be implemented without compromising the health and safety of the participants and public, the Mayor shall allow the submitted plan to be implemented by the applicant. 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. At the conclusion of said event, each department shall report to the Business Administrator the actual extraordinary costs 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 herein above stated.

Prohibited acts.

Events during school year.

Permits to close any street for an event to occur during the school year on weekdays shall not issue for the following hourly period:

7:00 a.m. to 2:00 p.m.

[2]

3:00 p.m. to 6:00 p.m.

[3]

10:00 p.m. to 7:00 a.m.

This prohibition shall not apply on those weekdays on which schools within the municipality are closed for regular educational classes.

No permit shall issue to close a street within the municipality on any date upon which, for such date, a government-sponsored activity in recognition of a national, state or municipally proclaimed holiday or a government agency activity within the scope of its functions is to take place.

§ 630-29 Processions.

No permit is required for any procession.

Any procession unaccompanied by a City of Vineland police escort must comply with all traffic laws and ordinances irrespective of the impact such compliance has upon the continuity or regularity of that procession. A nonescorted procession must be in continuous motion, except for traffic lights and signs, and must not obstruct the entrances or exits of any establishment of any kind or interfere with free passage upon any road, sidewalk, alley, driveway or other passageway. Should a pedestrian procession unlawfully cease its motion on a public street or sidewalk or passageway, it ceases to be a procession and becomes a public assembly subject to regulations enumerated herein.

A police-escorted procession may continue without break through traffic lights and signs so long as each vehicle maintains a close but safe distance with the immediately preceding vehicle and maintains its headlights on to indicate its participation.

A police escort will be provided to any procession for a lawful purpose upon completion of an application containing information identical to that for a parade permit. Said application shall be completed and provided to the Business Administrator and Director of Public Safety not earlier than 24 hours prior to the designated commencement of said procession.

Prohibited acts.

A pedestrian procession upon the streets and roads may not consist of more than two files of 10 persons per file, except after two files of 10 persons per file followed by a distance of 20 feet, another two files of 10 persons per file may follow and a like grouping of persons thereafter until the entire procession is accommodated.

Disorderly pedestrian processions are not permitted as interfering with the rights of others to use the public streets, roads and sidewalks.

Any procession that engages in loud, boisterous conduct will no longer be deemed a procession but shall be a parade and subject to the regulations governing parades herein.

§ 630-30 Prohibited acts.

Notwithstanding those acts prohibited herein, the following acts shall also be prohibited:

No person shall handbill any material which contains any obscene writing or picture.

No person shall utilize fighting words or gestures, as defined herein.

No person shall promote the use or purchase of tobacco products to persons under the age of 18 or promote the use of alcoholic beverages to a person under the age of 21.

(4)

No handbiller or solicitor shall possess an object or animal with an apparent potential to cause physical injury to persons or damage to property.

(5)

No public assembly, parade, procession or picket shall conduct itself in a fashion as will establish a purpose or likelihood of causing or encouraging imminent violence or a purpose of intimidation or coercion directed at any person.

(6)

No public assembly shall utilize the property upon which it occurs in a manner converse to the purpose that the property is dedicated nor shall there be an interference with the normal use of such property by others with an equal right of access thereto, excepting permitted events as stated herein.

(7)

No person or persons shall engage in any activity enumerated herein in such a manner as to obstruct or unreasonably interfere with free ingress or egress to any public premises, state property, municipal courthouse, City Hall, public office building or any other public building or facility owned by the United States, the State of New Jersey, the County of Cumberland or the City of Vineland or with the transaction of public business or administration of justice conducted therein or thereon or to obstruct or unreasonably interfere with the free use of public streets, roads, highways, sidewalks or other public ways adjacent thereto.

(8)

No person with the intent to interfere with, obstruct or impede the administration of justice or with the intent to influence any judge, juror, witness or officer of the court in the discharge of his duty shall picket or parade in or near a building housing a court of the City of Vineland or any other duly constituted governmental agency.

(9)

No person shall hamper, obstruct or interfere with any parade, picket line or public assembly being conducted under the authority of a permit duly issued pursuant to this article.

§ 630-31 Appeals process.

In the event that the Mayor denies a permit for a street closing or parade, he 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 business days of said denial. The municipality may request a temporary restraining order and permanent restraints.

§ 630-32 Violations and penalties. [1]

Any person violating any provisions of this article, upon conviction thereof, shall be punishable as provided in Chapter 1, General Provisions, Article II, General Penalty. The court of jurisdiction shall be the Municipal Court of the City of Vineland.