[HISTORY: Adopted by the Mayor and Council of the Borough
of Penns Grove 8-4-2010 by Ord.
No. 2010-11 (Ch. 164 of the 1986 Code). Amendments
noted where applicable.]
This chapter shall be known and may be cited as the "Parade
and Assembly Ordinance for the Borough of Penns Grove."
[Amended 7-5-2017 by Ord.
No. 2017-5]
The following words, as used herein, shall have the definitions
and meanings set forth herein:
An organized procession containing 10 or more vehicles, except
funeral and wedding processions, upon any public street, sidewalk
or alley.
Any march, procession, assembly or gathering consisting of
20 or more people and animals or vehicles, or combination thereof,
except funeral processions, upon any public street, sidewalk, park
or alley, which does not comply with normal and usual traffic regulations
or controls.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
[Amended 7-5-2017 by Ord.
No. 2017-5]
It shall be unlawful for any person to conduct a parade or motorcade
in or upon any public street, sidewalk, park, alley or other public
place in the Borough or knowingly participate in any such parade or
motorcade unless and until a permit to conduct such parade or motorcade
has been obtained from the Chief of Police or his designee or, as
is hereinafter provided, from the Borough Council.
[Amended 7-5-2017 by Ord.
No. 2017-5]
A permit under this chapter shall not be required for the following:
A.
A person seeking issuance of a parade permit shall file an application
with the Chief of Police or his designee on forms provided by such
officer.
B.
Filing period. An application for a parade permit shall be filed
with the Chief of Police or his designee not less than 15 days before
the date on which it is proposed to conduct the parade.
C.
Contents. 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 chairperson 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, animals and vehicles constituting
such parade, the type of animals and a description of the vehicles.
(7)
The hours when such parade will start and terminate.
(8)
The location by streets of any assembly area or areas for such parade.
(9)
The time at which units of the parade will begin to assemble at any
such assembly area or areas.
(10)
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 Chief of Police a communication in writing from
the person proposing to hold the parade, authorizing the applicant
to apply for the permit on his behalf.
(11)
Any additional information which the Chief of Police or his
designee may find reasonably necessary to a fair determination as
to whether a permit should be issued.
There shall be a charge of $5 for each permit issued by the
Chief of Police or his designee, which money shall be used by the
Borough to cover the expenses attached to the regulating and issuing
of said permit.
The Chief of Police or his designee shall issue a permit as
provided for hereunder unless, from a consideration of the application
and from such other information as may otherwise be obtained, he/she
finds that:
A.
The conduct of the parade will substantially interrupt the safe and
orderly movement of other traffic contiguous to its route.
B.
The conduct of the parade will require the diversion of so great
a number of police officers of the Borough to properly police the
line of movement and the areas contiguous thereto as to prevent normal
police protection to the Borough.
C.
The conduct of such parade will require the diversion of so great
a number of ambulances as to prevent normal ambulance service to portions
of the Borough 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 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 interfere with the movement of fire-fighting
equipment en route to a fire.
F.
There is not sufficient or adequate sanitation or other required
health facilities available in or adjacent to any public assembly
areas.
G.
The parade is not scheduled to move from its point of origin to its
point of termination expeditiously and without unreasonable delays
en route.
H.
The parade is to be held for the sole purpose of advertising any
product, goods or event, and is designed to be held purely for private
profit.
It shall be unlawful for any person or persons to assemble or
parade on the sidewalks, streets, parks, alleys or other public places
of the Borough while such persons shall be attired with a mask or
other device so that the identity of such person or persons is hidden.
The Chief of Police or his designee shall act upon the application
for a parade permit within five days after the filing thereof. If
the Chief of Police or his designee disapproves of the application,
he/she shall mail the applicant within five days after the date upon
which the application was filed a notice of his/her action, stating
the reasons for his/her denial of the permit.
Any applicant aggrieved by the determination of the Chief of
Police or his designee may appeal in writing to the Borough Council
within five days after the date of the mailing of the notice of disapproval
of the application by the Chief of Police or his designee. The Borough
Council shall act upon any such appeal within three days after its
receipt of the notice of such appeal.
The Chief of Police or his designee, in denying an application
for a 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, within five days after notice of the action of the Chief of
Police or his designee, file a written notice of acceptance with the
Chief of Police or his designee. 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, the Chief
of Police or his designee shall send a copy thereof to the following:
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 Chief of Police shall find necessary
for the enforcement of this chapter.
A.
Possession of permit. The parade chairperson or other person heading
or leading such activity shall carry the parade permit upon his/her
person during the conduct of the parade.
B.
Compliance with applicable ordinances. The issuance of a permit shall not void or waive compliance with any and all applicable ordinances of the Borough of Penns Grove, including but not limited to those related to Chapter 229, Curfew, Chapter 298, Littering, Dumping and Outdoor Storage, Chapter 315, Noise, and Chapter 336, Public Peace and Safety.
[Amended 7-5-2017 by Ord.
No. 2017-5]
C.
Compliance with New Jersey Code of Criminal Justice and Motor Vehicle
Laws. The issuance of a permit shall not void or waive compliance
with the New Jersey Code of Criminal Justice (N.J.S.A. 2C:1-1 et seq.)
and motor vehicle laws (N.J.S.A. 39:1-1 et seq.).
[Amended 7-5-2017 by Ord.
No. 2017-5]
A.
Interference. No person shall unreasonably hamper, obstruct or impede
or interfere with any parade or parade assembly or with any person,
vehicle or animal participating or used in the parade.
B.
Driving through parades. No driver of a vehicle shall drive between
the vehicles or persons comprising a parade when such vehicles or
persons are in motion and are conspicuously designated as a parade.
C.
Parking on parade route. The Chief of Police shall have the authority,
when reasonable 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 Chief of Police 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.
Nothing in this chapter shall be construed to prohibit any lawful
activity under the National Labor Relations Act concerning picketing.
Any person or persons who violate any provision of this chapter
shall, upon conviction thereof, be punished by a fine not exceeding
$2,000 or by imprisonment for a term not exceeding 30 days, or both,
in the discretion of the Municipal Judge. A separate offense shall
be deemed committed on each day during or on which a violation occurs
or continues.
