[HISTORY: Adopted by the Mayor and Council of the Borough of Red Bank by Ord. No. 1998-16 (Sec. 4-11 of the 1987 Revised General Ordinances). Amendments noted where applicable.]
Curfew — See Ch. 308.
As used in this chapter, the following terms shall have the meanings indicated:
- CHIEF OF POLICE
- The Chief of Police of the Borough of Red Bank.
- Any individual, firm, partnership, association, corporation, company or organization of any kind.
- PUBLIC ASSEMBLY
- Any parade, march, block party, walkathon, bikeathon, organized foot race, ceremony, show, exhibition, pageant, procession of any kind or any similar display in or upon any street, sidewalk, public park or other public place in the Borough, which assembly is of such a nature as to be likely to substantially interfere with normal vehicular or pedestrian traffic.
- PUBLIC ASSEMBLY PERMIT
- A permit as required by this chapter.
[Amended by Ord. No. 2001-9]
No person or organization of any kind or class shall engage in, participate in, aid, form or start any public assembly unless a public assembly permit shall have been obtained from the Chief of Police. This section shall not apply to:
Students going to and from school classes or participating in educational and extracurricular activities, provided such conduct is under the immediate direction and supervision of the proper school authorities;
A governmental agency acting within the scope of its functions.
Spontaneous gatherings of persons for purposes of expression of noncommercial speech which do not interfere with normal vehicular or pedestrian traffic.
Organized public assemblies which do not interfere with normal vehicular or pedestrian traffic.
Any person desiring a public assembly permit shall file an application with the Chief of Police on forms provided by the Chief's office. There shall be no application fee. It is requested that applications be filed not less than 20 days before the date on which the public assembly is to be conducted. The Chief of Police shall, however, also consider applications which are filed less than 20 days before the date on which the public assembly is to be conducted. The application shall contain the following:
The name, address and telephone number of the person seeking to conduct such public assembly.
If the public assembly is to be conducted for or on behalf of any organization, the name, address, and telephone number of the authorized and responsible leaders of the organization, together with the address and telephone number of the headquarters of the organization.
The name, address and telephone number of the public assembly chairperson or the person personally responsible for the conduct of the public assembly.
The date when the public assembly is to be conducted.
The route to be traveled, including the starting point and the termination point, together with all streets, sidewalks, parks or other public places to be traversed during the public assembly.
The approximate number of persons who will constitute or partake, and if animals will be included in the public assembly or line of march then the specific type of animal, whether domestic or wild, and the number and description of the motor vehicles or any other type vehicle expected to be used in the public assembly.
The number of monitors to be provided and the identifying marks, badges or symbols to be worn or used by the monitors.
The hours when the public assembly will start and terminate.
Whether the public assembly will occupy all or only a portion of the width of the streets, sidewalks, parks or other public places to be traversed. If yes, describe in detail the specific streets, sidewalks, parks or other public areas and locations.
The time at which the public assembly will begin to assemble at the assembly areas designated above.
The interval of space to be maintained between each unit of the public assembly.
If the public assembly is being held by, on behalf of or for any person other than the applicant, the applicant for such permit shall file with the Chief of Police a communication in writing from the person proposing to hold the public assembly, authorizing the applicant to apply for the permit on behalf of the person holding the public assembly.
A statement of the purpose of the public assembly.
Any additional information which the Chief of Police may find reasonable for a fair determination as to whether a permit should be issued.
Standards. The Chief of Police shall order that a permit be issued after consideration of the application, if he determines that:
The conduct of the public assembly will not substantially interrupt the safe and orderly movement of traffic contiguous to the route of the public assembly.
The conduct of the public assembly will not require the diversion of so great a number of the police officers of the Borough to properly police the public assembly and contiguous area so as to prevent normal police protection of the Borough.
The concentration of persons, animals and vehicles at assembly points of the public assembly will not unduly interfere with the proper fire and police protection or ambulance service to areas contiguous to the assembly areas.
The conduct of the public assembly will not interfere with the movement of firefighting, first aid or other safety vehicles so as to interfere with normal fire protection, ambulance service or other safety services in the Borough.
The public assembly is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route.
The public assembly is not held for the sole purpose of advertising any product, goods or event, and is not designed to be held purely for private profit.
Contents of permit. Each permit shall state the following information:
Maximum interval of space to be maintained between the units of the public assembly.
The portions of the public property to be traversed or which may be occupied by the public assembly.
The maximum length of the public assembly in miles or fraction thereof.
Such other conditions as the Chief of Police shall find necessary to reduce or minimize dangers and hazards to vehicular and pedestrian traffic and the public health, safety and welfare.
If the application shall be disapproved, the Chief of Police shall give written notice thereof to the Borough Clerk and applicant setting forth the reasons for the denial of the permit.
The Chief of Police shall notify the applicant for a public assembly permit of his decision on such application within 24 hours of the time that the application was filed.
The Chief of Police, in denying an application for a public assembly permit, shall be empowered to authorize the conduct of the public assembly on a date, at a time or over a route different from that named by the applicant. If the applicant desires to accept the alternate permit, he shall notify the Chief of Police by written notice of acceptance, at least five days prior to the date when the public assembly is to be conducted. An alternate public assembly permit shall conform to the requirements of, and shall have the effect of, a public assembly permit.
The Chief of Police shall not approve more than one public assembly permit for any one twenty-four-hour period. When there is more than one public assembly application for the same date, the application received first will be granted the permit, provided all the conditions of this section are met.
Immediately following the issuance of a public assembly permit, the Chief of Police shall send a copy thereof to the following:
Any permittee under this chapter shall comply with all permit directions and conditions and with all applicable laws and ordinances of the Borough.
Insurance. The applicant, prior to any permit becoming effective, shall procure and maintain for the permitted public assembly an insurance policy with not less than $1,000,000 combined single limit for bodily injury and property damage as well as automobile public liability (if applicable) and property damage insurance with limits in amounts not less than $1,000,000 for bodily injury and $500,000 for property damage. The comprehensive general liability policy shall include the Borough of Red Bank as an additional insured. The applicant shall provide the Borough Clerk with certificates evidencing the required insurance coverage at least three working days prior to the date of the parade, and said insurance may not be canceled or altered without written consent of the Borough.
Exceptions. If the applicant is a nonprofit organization or a group of individuals and the person or organization represents in the application that is unable to obtain such insurance, the insurance requirements shall be waived.
The public assembly chairperson or other such person in charge of or leading the activity shall carry the public assembly permit upon his person during the conduct of the public assembly.
Interference. No person shall unreasonably hamper, obstruct or impede any public assembly or any person, vehicle or animal participating or being used in the public assembly.
Driving through public assembly. No person shall drive a motor vehicle between the vehicles or persons participating in any public assembly when the vehicles or persons are in motion and are conspicuously designated as a public assembly.
Parking on public assembly route. The Chief of Police shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along any road or part thereof constituting part of a route of a public assembly. The Chief of Police shall post signs to such effect, and no person shall park or leave unattended any vehicle. This section shall be effective only upon posting of proper signs.
Any person, firm or corporation that shall be convicted of a violation of any provision of this chapter shall, upon conviction thereof by any court authorized by law to hear and determine the matter, be subject to the penalties provided in Chapter 1, General Provisions, Article II, General Penalty. Each day that such violation exists shall constitute a separate offense.