Township of Irvington, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Municipal Council of the Township of Irvington 6-11-1974 by Ord. No. MC 2406 (Ch. 171, Art. V, of the 1981 Revised Code). Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 439.
Streets and sidewalks — See Ch. 555.
Vehicles and traffic — See Ch. 620.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
DIRECTOR
The Director of the Department of Public Safety of the Town.[1]
[Amended 10-14-2015 by Ord. No. MC 3553]
PARADE
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 Town.
PARADE PERMIT
A permit as required by this chapter.
[1]
Editor's Note: The definition of "Chief of Police," which previously preceded this definition, was repealed 1-12-2016 by Ord. No. MC 3562.
A. 
No person shall engage in, participate in, aid, form or start any parade unless a parade permit shall have been obtained from the Director of the Department of Public Safety.
[Amended 10-14-2015 by Ord. No. MC 3553]
B. 
This chapter shall not apply to:
(1) 
Funeral processions.
(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 governmental agency acting within the scope of its functions.
[Amended 1-12-2016 by Ord. No. MC 3562]
A person seeking issuance of a parade permit shall file an application with the Director of Public Safety on forms provided by such officer.
A. 
An application for a parade permit shall be filed with the Director of Public Safety not less than seven nor more than 30 days before the date on which it is proposed to conduct the parade.
B. 
The application for a parade permit shall set forth the following information:
(1) 
The name, address and telephone number of the person seeking to conduct such parade.
(2) 
If the parade is proposed to be conducted for, on behalf of or by an organization, the name, address and telephone number of the headquarters of the organization and of the authorized and responsible heads of such organization.
(3) 
The name, address and telephone number of the person who will be the parade chairman and who will be responsible for its conduct.
(4) 
The date when the parade is to be conducted.
(5) 
The route to be traveled, the starting point and the termination point.
(6) 
The approximate number of persons who will constitute or partake in and, if animals are to be included in the parade or line of march, 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 parade, march, ceremonies, show, exhibit or procession.
(7) 
The hours when such parade will start and terminate.
(8) 
A statement as to whether the parade will occupy all or only a portion of the width of the streets proposed to be traversed.
(9) 
The location by streets of any assembly areas for such parade.
(10) 
The time at which units of the parade will begin to assemble at any such assembly area or areas.
(11) 
The interval of space to be maintained between units of such parade.
(12) 
If the parade is designed to be held by and on behalf of or for any person other than the applicant, the applicant for such permit shall file with the Director of Public Safety a communication in writing from the person proposing to hold the parade, authorizing the applicant to apply for the permit on his behalf.
(13) 
A statement of the purpose of the parade.
(14) 
Any additional information which the Director shall find reasonably necessary to a fair determination as to whether a permit should be issued.
C. 
If the parade will use or traverse any state or county road or highway within the Town, the application shall be accompanied by a written consent or other written authorization to hold such parade on the date and at the time requested, issued by the public agency or body having jurisdiction and control over such road or highway.
D. 
The Director, when good cause is shown therefor, shall have the authority to consider any application hereunder which is filed less than seven days before the date such parade is proposed to be conducted.
The Director shall issue a permit as provided for hereunder when, from a consideration of the application and from such other information as may otherwise be obtained, he finds that:
A. 
The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route.
B. 
The conduct of the parade will not require the diversion of so great a number of law enforcement personnel of the Town to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection for the Town.
C. 
The conduct of such parade will not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the Town other than that to be occupied by the proposed line of march and areas contiguous thereto.
D. 
The concentration of persons, animals and vehicles at assembly points of the parade will not unduly interfere with proper fire and police protection of or ambulance service to areas contiguous to such assembly areas.
E. 
The conduct of such parade will not interfere with the movement of firefighting equipment en route to a fire.
F. 
The conduct of the parade is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or create a disturbance.
G. 
The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route.
H. 
The parade is not to be held for the sole purpose of advertising any product, goods or event and is not designed to be held purely for private profit.
If the application shall be disapproved, the Director shall give written notice thereof to the applicant, by mail, setting forth the reasons for the denial of the permit.
Any person aggrieved shall have the right to appeal the denial of a parade permit to the Municipal Council. The appeal shall be taken within five days after notice of the denial.
[Amended 1-12-2016 by Ord. No. MC 3562]
The Director, in denying an application for a parade permit, shall be empowered to authorize the conduct of the parade on a date, at a time or over a route different from that named by the applicant. An applicant desiring to accept an alternate permit shall file a written notice of acceptance with the Director of Public Safety at least two days prior to the date when the parade is to be conducted. An alternate parade permit shall conform to the requirements of, and shall have the effect of a parade permit under, this chapter.
Immediately upon the issuance of a parade permit, notice thereof shall be forwarded by the Director of Police to the following:
A. 
The Mayor.
B. 
The Town Attorney.
C. 
The Fire Chief.
D. 
The Director of the Department of Public Works.
[Amended 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
E. 
The general manager or responsible head of each public transportation utility, the regular routes of whose vehicles will be affected by the route of the proposed parade.
Each parade permit shall state the following information:
A. 
Starting time.
B. 
Minimum speed.
C. 
Maximum speed.
D. 
Maximum interval of space to be maintained between the units of the parade.
E. 
The portions of the streets to be traversed that may be occupied by the parade.
F. 
The maximum length of the parade in miles or fractions thereof.
G. 
Such other information as the Director shall find necessary to the enforcement of this chapter.
A. 
A permittee hereunder shall comply with all permit directions and conditions and with all applicable laws of the state, provisions of this Code and other ordinances of the Town.
B. 
The parade chairman or other person heading or leading such activity shall carry the parade permit upon his person during the conduct of the parade.
A. 
No person shall unreasonably hamper, obstruct, impede or interfere with any lawful parade or parade assembly or with any person, vehicle or animal participating or used in a parade.
B. 
No driver of a vehicle shall drive between the vehicles or persons comprising a lawful parade when such vehicles or persons are in motion and are conspicuously designated as a parade.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
The Director of the Department of Public Safety shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a highway or part thereof constituting a part of the route of a parade. The Director of Public Safety shall post signs to such effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof. No person shall be liable for parking on a street unposted in violation of this chapter.
[Amended 1-12-2016 by Ord. No. MC 3562]
The Director shall have the authority to revoke a parade permit issued hereunder upon violations of the standards for issuance as herein set forth. The person to whom the permit has been issued shall be granted a hearing by the Director upon request of such person.
[Amended 1-13-1981 by Ord. No. MC 2622]
Any person who violates any provision of this chapter shall, upon conviction thereof, be punishable as provided in the general penalty provisions as set forth in Chapter 1, General Provisions, Article III.