[Adopted 11-25-1997 by Ord. No. 97-86 (Ch. 413, Art. IV, of the 1990 Code)]
A.
BLOCK
EXTRAORDINARY COSTS
FIGHTING WORDS
FUNERAL PROCESSION
HANDBILLING
MEDICAL/PROFESSIONAL BUILDING
PARADE
PERSON
PICKETING
PROCESSION
PUBLIC ASSEMBLY
SOLICITING
The following words as used herein shall have the
meanings and definitions set forth herein:
That portion of any street or sidewalk that falls between
the intersections with two other streets.
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. 98-72]
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.
The coordinated movement of two or more vehicles upon the
streets, roads or highways for the specific purpose of moving the
location of a public or private assembly to a predetermined location
in conjunction with a death or burial.
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.
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.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
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.
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.
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.
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.
B.
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:
C.
Extraordinary costs shall not relate to any costs
associated with the content of the speech, message or information
disseminated.
A.
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.
B.
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]
(1)
Permit process.
(a)
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:
[1]
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.
(b)
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:
[1]
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.
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.
A.
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.
B.
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.
C.
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.
A.
No person shall hold, conduct or engage in any parade
unless a parade permit shall have been lawfully issued.
B.
Exceptions.
(1)
Funeral processions are permitted.
(2)
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.
(3)
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.
C.
Permit process.
(1)
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]
(a)
The full legal name of each sponsoring person.
(b)
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.
(2)
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:
(a)
Whether said parade shall unreasonably restrict
the flow of traffic through the municipality.
(b)
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.
(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 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.
D.
Prohibited acts.
(1)
(2)
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.
A.
No permit is required for any procession.
B.
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.
C.
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.
D.
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.
E.
Prohibited acts.
(1)
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.
(2)
Disorderly pedestrian processions are not permitted
as interfering with the rights of others to use the public streets,
roads and sidewalks.
(3)
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.
A.
Notwithstanding those acts prohibited herein, the
following acts shall also be prohibited:
(1)
No person shall handbill any material which contains
any obscene writing or picture.
(2)
No person shall utilize fighting words or gestures,
as defined herein.
(3)
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.
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.
