[HISTORY: Adopted by the City Council of
the City of Passaic 6-19-1975 by Ord. No. 297-75 as Section 3-7 of Chapter
III of the Revised General Ordinances of the City of Passaic, 1975.
Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
A ceremony outside of Passaic City Hall or on any other public
property to raise a flag other than the United States flag, New Jersey
flag or City of Passaic flag.
[Added 11-24-2009 by Ord. No. 1816-09[1]]
Any parade, march, ceremony, show, exhibition, pageant or
procession of any kind or any similar display in or upon any street,
park or other public place in the City.
[1]
Editor's Note: This ordinance also changed the title of this
chapter from Parades to Parades and Flag-Raising Ceremonies.
[Amended 11-24-2009 by Ord. No. 1816-09]
No person shall engage in, participate in, aid,
form or start any parade unless a parade permit shall have been obtained
from the Chief of Police. No person shall hold a flag-raising ceremony
on any public property unless a flag-raising permit shall have been
obtained from the City Clerk.
This chapter shall not apply to funeral processions.
A.
A person
applying for a parade permit shall make application to the Chief of
Police not less than five days before the date on which it is proposed
to conduct the parade. When good cause is shown, the Chief of Police
shall have the authority to consider an application for a parade permit
which is filed less than five days before the proposed date of the
parade.
B.
A person
applying for a flag-raising permit shall file an application with
the City Clerk not less than 30 days but not longer than six months
prior to the flag-raising date.
[Added 11-24-2009 by Ord. No. 1816-09]
A.
The application shall be made on forms provided by
the Chief of Police and shall contain the following information:
(1)
The name, address and telephone number of the person
seeking to conduct the parade. If the parade is to be conducted for,
by or on behalf of an organization, the name, address and telephone
number of the headquarters of the organization shall be required.
(2)
The name, address and telephone number of the person
who shall be parade chairman, if other than the applicant, and who
shall be responsible for the conduct of the parade.
(3)
The date on which the parade is to be conducted.
(4)
The starting point, route to be traveled and termination
point of the parade.
(5)
The approximate number of persons, animals and vehicles
which shall make up the parade, together with information as to the
type of animals and a description of the vehicles.
(6)
The hours when the parade shall start and terminate.
(7)
A statement as to whether the parade shall occupy
all or only a portion of the width of the streets proposed to be traversed.
(8)
The location, by streets, of any assembly areas for
the parade and the time at which units of the parade shall begin to
assemble at any such areas.
(9)
Any additional information which the Chief of Police
may find reasonably necessary to make a fair determination whether
a permit should be issued.
B.
If the parade is designed to be held by, on behalf
of or for any person other than the applicant, the applicant shall
file with the Chief of Police a statement in writing from the person
proposing to hold the parade authorizing the applicant to apply for
a permit on his behalf.
C.
Application
for flag-raising permit. The application shall be made to the City
Clerk on the form provided and shall contain the following information:
[Added 11-24-2009 by Ord. No. 1816-09]
(1)
The
name, address and telephone number of the person seeking to conduct
the flag-raising ceremony. If the flag raising is to be conducted
by or on behalf of an organization, the name, address and telephone
number of the headquarters of the organization shall be required.
(2)
The
name, address and telephone number of the person who shall be in charge
of and responsible for the conduct of the flag raising, if other than
the applicant.
(3)
The
date and time of the flag-raising ceremony, which must begin no later
than 10:00 a.m. The flag shall remain raised for no longer than a
week if there are no other approved requests for flag-raising ceremonies.
(4)
The
approximate number of persons who will attend the ceremony.
(5)
Any
other information which may be necessary to determine if the permit
should be granted.
(6)
If
the flag raising is designed to be held by, on behalf of or for any
person other than the applicant, the applicant shall file with the
Clerk a statement, signed by the person proposing to hold the flag
raising, authorizing the applicant to apply for the permit on his
behalf.
A.
The Chief of Police, before a permit shall be issued,
shall determine, as a result of considering the information in the
application and any other information which he may otherwise obtain,
that:
(1)
The conduct of the parade will not substantially interrupt
the safe and orderly movement of other traffic contiguous to its route.
(2)
The conduct of the parade will not prevent orderly
police, fire and ambulance service to the City and its residents.
(3)
The conduct of the parade is not likely to cause injury
to persons or property, to provoke disorderly conduct or to create
a disturbance.
(4)
The movement of the parade from its point of origin
to its point of destination will be accomplished expeditiously and
without unreasonable delay in route.
B.
The City Council shall, upon the recommendation of
the Chief of Police, approve or disapprove of all applications. The
applicant shall be notified of the decision within three days after
the application is filed. If an application is denied, the Chief of
Police shall be empowered to authorize the conduct of the parade on
a date, at a time or over a route different from that set forth in
the application. An applicant desiring to accept such an alternate
permit shall, within one day after the notice, file a written notice
of acceptance with the Chief of Police. An alternate permit shall
conform to the requirements and shall have the effect of a parade
permit issued under this chapter.
C.
The City
Clerk, before a permit shall be issued, shall determine, as a result
of considering the information in the application and any other information
obtained, that:
[Added 11-24-2009 by Ord. No. 1816-09]
D.
The City
Council shall, upon recommendation of the City Clerk, approve or disapprove
of all applications. The applicant shall be notified of the Council
decision within three days of the Council action. If the application
is denied due to a conflicting flag-raising event, the applicant can
amend the application to change the date and time. All applications
shall be considered on a first-come-first-served basis.
[Added 11-24-2009 by Ord. No. 1816-09]
A.
Immediately
upon the issuance of a parade permit, the Chief of Police shall send
a copy of the permit to:
[Amended 11-24-2009 by Ord. No. 1816-09]
Any person issued a permit under this chapter
shall comply with all permit directions and conditions and with all
applicable laws and ordinances. The parade chairman or other person
leading the permitted activity shall carry the parade permit on his
person during the conduct of the parade. Any person issued a permit
to have a flag-raising ceremony under this chapter shall comply with
all of the permit conditions and with all applicable laws and ordinances.
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 parade. No driver of a vehicle shall
drive between the vehicles or persons comprising a parade when those
vehicles or persons are in motion and are conspicuously designated
as a parade.
