[HISTORY: Adopted by the City Council of
the City of Paterson 12-18-1979 by Ord. No. 79-111 as Ch. 23, Art. 11,
of the 1979 Revised General Ordinances of Paterson. Amendments noted
where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any parade, march, rally, pageant, demonstration, procession
of any kind or any similar display in or upon any street, park or
other public place in the city.
The provisions contained in this chapter are
set forth:
A.
In order to more effectively regulate traffic and
assembling of crowds in and upon public streets, highways and places
of the city which are intended primarily for the convenience and accommodation
of the public and each member thereof in the pursuit of his lawful
affairs without hindrance.
B.
In the interest of peace and good order of the city.
C.
For the protection of the business people of the city.
D.
To limit the city's unreimbursed expenses.
[Added 5-26-2015 by Ord.
No. 15-036A]
[Amended 12-19-1995 by Ord. No. 95-068]
No person, association or corporation shall
hold, conduct or take part in any parade, procession or the like through,
in or upon any public street, highway or place in the city without
first having obtained written permission from the Director of Public
Works or his designee as hereinafter provided.
A.
An application seeking issuance of a permit for any
parade, procession or the like shall be filed with the Director of
Public Works or his designee on forms provided by the city.
[Amended 12-19-1995 by Ord. No. 95-068]
B.
The application shall be filed at least 10 days before
the date on which it is proposed to conduct the parade or procession.
[Amended 5-26-2015 by Ord. No. 15-036A]
C.
The application shall state the object, time, route
and termination point of the proposed parade or procession.
D.
The application shall also include the following, which shall be
obtained before the said application is filed:
[Added 5-26-2015 by Ord.
No. 15-036A]
(1)
Proof of adequate insurance coverage in the form of a certificate
of insurance for a "special event policy," which shall include its
endorsement page or equivalent, and which shall name the City of Paterson
as an additional insured. The amount of such insurance shall equal
$1,000,000 in coverage. Any actual parade activities that the insurer
excludes from the special event policy, such as, for example, automobile
coverage, will require separate certificates at a level of $1,000,000
in coverage.
(2)
Proof of adequate security and emergency medical personnel in the
form of employment contracts or equivalent proof satisfactory to the
Chief of Police or his delegate. The applicant is solely responsible
for the cost of providing said personnel.
(3)
A written good faith estimate from the Department of Public Works,
calculating the added Public Works expenses, including but not limited
to cleanup costs: the applicant's filed application shall be
accompanied by a deposit of 110% of the said costs, which shall be
refunded after the parade to the extent that actual costs may be less
than 110% of the estimate.
(4)
Proof that all other City ordinances and required permits or licenses
have been complied with.
[Amended 12-19-1995 by Ord. No. 95-068]
A.
No permit shall be issued by the Director of Public
Works or his designee unless the application has first received the
written approval of the Chief or Acting Chief of Police for the conduct
of said parade or procession.
B.
The Chief or Acting Chief of Police shall submit to
the Director of Public Works or his designee his approval or disapproval
of the application for a permit at least five days prior to the date
on which it is proposed to conduct the parade or procession.
[Amended 5-26-2015 by Ord. No. 15-036A]
[Added 5-26-2015 by Ord.
No. 15-036A[1]]
An applicant may apply to the Office of Multicultural Affairs within the Department of Economic Development for a subsidy of the costs of insurance, security, emergency medical personnel, and public works expenses described above in § 355-4D equaling 80% of such costs for events occurring in calendar year 2015, 70% in calendar year 2016, and 60% in subsequent years. If no specific form is available to apply for the subsidy, then the applicant may apply by letter. The following procedures shall govern, if such a subsidy is sought:
A.
Notwithstanding any provision herein to the contrary, if such a subsidy is sought then the parade application referenced above in § 355-4 must be filed simultaneously with the Office of Multicultural Affairs within the Department of Economic Development and the Director of Public Works no less than 30 days before the date of the event.
B.
If such a subsidy is sought:
(1)
The insurance certificate(s), security contract, and emergency medical personnel contract referenced above in § 355-4 may on a preliminary basis be replaced by formal written documentation as to how much the insurance, security, and emergency medical will cost, provided that if such a subsidy is approved then no permit shall be issued until the Director of Public Works receives the said certificate and contracts.
(2)
The good faith estimate of Public Works expenses referenced in § 355-4 must be obtained to accompany the parade permit application, but the deposit against Public Works expenses need not be provided until seven days before event.
(3)
The full application and the response thereto shall without undue
delay be prominently posted on the City of Paterson home page, www.patersonnj.gov,
and personal information shall be redacted only to the extent otherwise
required by law.
C.
No subsidy shall be granted unless:
(1)
The applicant has adequately documented its financial need, and
(2)
There exists a line item in the approved special events budget (or
equivalent), which may also include funds such as dedicated trust
funds and/or grant funds, such that the City shall not be obligated
to provide a dollar amount in excess of the budgeted line item.
D.
Such subsidies shall be granted to applicants based solely upon documented
financial need.
[Amended 12-19-1995 by Ord. No. 95-068]
Whenever the Director of Public Works or his
designee or the Chief or Acting Chief of Police finds that the granting
of a permit for any parade or procession will result in public disorder
or riot or will unduly interfere with traffic or public convenience,
the permit for the conduct of said parade or procession shall not
be approved nor issued.
[Amended 12-19-1995 by Ord. No. 95-068; 5-26-2015 by Ord. No. 15-036A]
In the event that the Director of Public Works or his designee or the Chief or Acting Chief of Police shall refuse to approve and issue the permit for a parade or procession, or in the event that the Department of Economic Development shall deny an application for a subsidy as described above in § 355-6, the applicant may apply to the Department that issued the denial for a hearing and said Department shall then determine whether or not the denial of the permit or the denial of the subsidy should be reversed.
A.
The issuance of a permit under this chapter for a
parade or procession shall be subject to the conditions hereinafter
set forth in this section, which conditions shall be deemed a part
of every such permit:
(1)
There shall be no unreasonable inconvenience to the
public or any member thereof in the lawful use of any public street,
highway or place of business in the city.
(2)
No public disorder, disturbance or riot whatsoever
shall be created, caused or encouraged by one (1) or more persons.
(3)
There shall be no interference in the exercise of
the powers and duties of the police to regulate traffic generally
and to maintain peace and good order within the city.
Nothing in this chapter shall apply or be construed
to apply to:
A.
Funeral processions.
B.
Students going to and from classes or participating
in educational or athletic activities, provided that such conduct
is under the immediate direction and supervision of the proper school
authorities.
C.
Processions sponsored by a governmental department
or agency acting within the scope of its functions.
D.
Wedding processions.
E.
Processions sponsored by houses of religious worship.
[Amended 12-19-1995 by Ord. No. 95-068]
Unless another penalty is expressly provided
herein, any person who violates any provision of this chapter shall,
upon conviction thereof, be punished by a fine not exceeding one thousand
dollars ($1,000.), by imprisonment for a term not exceeding ninety
(90) days or by a period of community service for not more than ninety
(90) days, or any combination thereof. A separate offense shall be
deemed committed on each day during or on which a violation occurs
or continues.
