[HISTORY: Adopted by the Township Committee of the Township
of Edgewater Park 4-24-2002 by Ord. No. 5-2002. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Parades,
Public Functions, or Similar Activities Ordinance of the Township
of Edgewater Park and Providing Penalties for the Violation of any
of the Provisions Thereof."
As used in this chapter, the following terms shall have the
meanings indicated:
Any parade, march, block party, meeting, celebration, sporting
event, ceremony, show, festival, exhibition, assembly, pageant, automobile
road rally, motorcycle race or enduro, bicycle race, rally, tour,
procession of any kind, foot race, marathon, or the like, of any kind
or any similar display in or upon any street, road, park or other
public property in the Township of Edgewater Park.
A.
No parade,
public function or similar activity where participants or spectators
are expected or may reasonably be expected and/or where vehicles are
permitted on any street or area of the Township shall be permitted
unless a permit allowing such activity has been obtained from the
Township Committee. It shall be at the discretion of the Township
Committee to issue or limit the number of permits issued during any
twelve-month period to the same applicant, or an affiliate organization
of the applicant.
B.
This section
shall not apply to:
(1)
Funeral processions.
(2)
Students going to and from school classes or participating in educational
activities under the immediate direction and supervision of the proper
school authorities or a governmental agency acting within the scope
of its functions.
(3)
Normal or scheduled activities of the Township.
(4)
Processions sponsored, sanctioned or approved by a governmental agency,
or subdivisions thereof, including, but not limited to, the Township
Committee, School Board, Fire Company or Ambulance Squad, acting within
the scope of its functions.
(5)
Wedding processions.
(6)
Processions arising out of labor disputes.
(7)
Processions sponsored by houses of religious worship.
A.
A person, partnership, voluntary association, corporation, or other
organization seeking to obtain a parade, public function, or similar
activity permit shall file an application with the Township Clerk,
not less than 10 days before a Township Committee meeting prior to
the event of which the parade, public function, or similar activity
is proposed. The Township Administrator is authorized to establish
rules, regulations and procedures for the processing of parade, public
function, or similar activity permit applications.
Any application for a parade, public function or similar activity
permit filed with the Township Clerk must contain the following information:
A.
The name, address, and telephone number of the person signing the
application.
B.
If the parade, public function, or similar activity 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 leaders of the organization conducting
the parade, public function, or similar activity, and the name, address,
and telephone numbers of any state, regional, and national organizations
with which the applicant organization is affiliated.
C.
The name, address and telephone number of the person who will be
responsible for its conduct, together with the address and phone number
where said person can be contacted on the date of the public function.
D.
Type of public function.
E.
The date of the proposed parade, public function or public or similar
activity and the hours that it commences and terminates.
F.
The location of the assembly area and the time when the participants
will begin to assemble.
G.
The route to be traveled, the starting point and the termination
point. A map outlining said route and rest area shall be submitted
with the application, if applicable.
H.
The approximate number of person, animals and vehicles to participate
in the parade, public function, or similar activity.
I.
A statement as to whether the parade, public function, or similar
activity will occupy all or only a portion of the width of the streets
proposed to be traversed or if it will occupy all or only a portion
of Township property.
J.
The location, by street, public facility, or public property, of
any assembly areas for the public function.
K.
The interval of space to be maintained between units of such parade,
public function or similar activity.
L.
If the parade, public function, or similar activity is designed to
be held by, on behalf of, or for any person, partnership, voluntary
association, corporation or other organization other than the applicant,
the applicant for the permit shall file with the Township Clerk a
communication, in writing, from such person or from an authorized
and responsible leader of such organization authorizing the applicant
to apply for the permit on behalf of such person or organization.
M.
A description of any and all provisions for necessary medical, ambulance
or rescue services, police services and/or traffic control, or public
works services, and copies of approvals by same.
N.
In the event the function being applied for will traverse other governmental
units, such as the local and sending district school facilities, or
county, state and federal lands, the applicant shall file with the
Township Clerk a copy of the application used by the public schools,
governmental unit, or agency having jurisdiction over such lands,
simultaneous with the filing of said application. Any revision or
correction to any of the above-mentioned applications, shall also
be filed with the Township Clerk.
O.
Written permission by the owners of property used as start and stop
areas or rest areas, if they should be privately owned or owned by
agencies other than Edgewater Park Township.
P.
In the event the function being applied for includes any amusement
ride and/or device which carries or conveys passengers along, around,
or over a fixed or restricted route or course for the purpose of giving
its passengers amusement, pleasure, thrills or excitement, and any
passenger- or gravity-propelled ride, including, but not limited to,
small truck-mounted kiddie rides, inflatable bounces, slides, and
other inflatable attractions, the applicant must submit proof of a
current year permit which has been sealed and validated by the State
of New Jersey Department of Community Affairs, pursuant to Carnival-Amusement
Rides Safety Act, N.J.S.A. 5:3-31 et seq.
Q.
Certification of insurance naming the applicant, the public function
covered and the Township of Edgewater Park as additional insured.
R.
Any additional information which the Township Administrator or Township
Committee shall find reasonably necessary to a fair determination
as to whether a permit should be issued.
The Township Committee, when good and compelling cause is shown
therefor, may consider an application hereunder which is filed less
than 10 days before the date such parade, public function, public
assembly or similar activity is proposed to be conducted.
A.
The Township
Committee 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, it finds that:
(1)
The conduct of the parade, public function, or similar activity will
not substantially interrupt or interfere with the safe and orderly
movement of traffic in the area contiguous to its route or designated
location.
(2)
The activity will not present an unreasonable danger to the health
or safety of the applicant, Township employees, or members of the
public, which is to be determined upon the basis of past events that
have occurred within the corporate limits of the Township of Edgewater
Park.
(3)
That no obstruction or interruption of local business shall result
from the route chosen and that notification of the public function
shall receive written authorization from the businesses.
(4)
There are available at the time of the parade, public function, or
similar activity a sufficient number of peace officers to police and
protect lawful participants in the activity and maintain adequate
police protection in the rest of the Township of Edgewater Park.
(5)
The conduct of the function or the concentration of persons, animals
and vehicles at the assembly points of the parade, public function,
or similar activity will not unduly interfere with the proper fire
and police protection of, or ambulance service to, areas contiguous
or en route to such assembly.
(6)
The conduct of the function or activity will not interfere with the
scheduled Township functions or the normal pursuit of activities of
the residents of the Township of Edgewater Park.
(7)
The parade, public function, or similar activity is scheduled to
move from its point of origin to its point of termination, or time
of commencement to termination, expeditiously and without unreasonable
delays.
(8)
The parade, public assembly, or similar activity is not to be conducted
for an unlawful purpose or for the sole purpose of soliciting, advertising
any product, goods or event and is not designed to be held purely
for private profit.
(9)
Spectator and participant parking at local businesses or private
residences shall not occur without express permission of the property
owner.
(10)
Any kind of signs or markings posted shall be removed within
12 hours at the end of the event.
B.
Before the issuance of a permit, the Township Administrator shall require the organization to furnish evidence of insurance naming the Township as an additional insured in such form as may be determined by the Township Committee to provide for the payment of any claims for personal injuries (including death and any injuries to Township employees, agents, or contractors), property damage or other suits arising out of or connected with such public functions, parades or similar activities (see § 363-5Q). If an organization's most reasonable efforts are unsuccessful, the required insurance can be waived by the Township Committee, subject to the conditions stated in this subsection. In such a situation, the organization must provide written proof of the inability to obtain insurance. If prior events of the applicant in the Township have resulted in damage or injury for which the applicant did not have insurance or did not compensate the damaged or injuries parties, the Township Committee shall require either 1) the insurance policy as stated in this section, or 2) a cash security deposit in an amount based upon damage incurred in any prior event of the applicant in the Township, as determined by the Township Committee. Any funds not expended shall be returned within 30 days after the determination of the damage or injury.
C.
A hold harmless agreement shall be signed with the Township of Edgewater
Park, holding the Township harmless from any and all claims that may
arise from the use of designated public property, rights-of-way, or
equipment or any injury to a Township employee, agent, or contractor
in conjunction with the permitted use.
D.
Prior to the issuance of any permit, all parade, public functions,
or similar activity applicants must pay for the estimated cost of
cleanup and restoration of the area of the event and traffic control
costs of any Police Department or Township personnel utilized in conjunction
with the function at a reasonable rate to be determined by the Township
Committee. Such estimated costs shall be specifically set out in writing
to the applicant prior to the issuance of the permit, showing the
basis of the estimated costs. These estimated costs shall not include
any use of Township personnel to protect the public safety in an emergency
situation in conjunction with the event. In the event that the estimated
costs paid are in excess of the actual costs, the overage shall be
refunded to the applicant within 30 days after such a determination
has been made. In addition, applicants must agree to and must pay
for any damage created as a result of the public function, parade
or similar activity.
E.
If the Township Committee receives more than one application for
a parade, public function, or similar activity to be held at the same
time and at the same place, the applications filed first in time shall
take precedence; however, it shall be at the discretion of the Township
Committee to waive precedence as to order of application filing and
to give application precedence to educational activities under the
immediate direction and supervision of school authorities, governmental
agencies acting within the scope of their function, or Township of
Edgewater Park organizations. An event shall be considered to be "at
the same time" if the event is scheduled to commence within two hours
before or after the holding of another event. If the Township Committee
receives an application for more than one parade, public function,
or similar activity in a single day, the Township Committee may set
a time for the duration of each parade, public function, or similar
activity which shall not, without the consent of the group seeking
the permit, be less than three hours.
Following the receipt of an application, the Township Committee
shall either issue such permit or deny same at the first public meeting
at which action may be taken after the filing of a completed application.
The action of the Township Committee shall be subject to judicial
review.
The Chief of Police shall have the authority to impose such
conditions as are necessary to insure that all of the findings mentioned
in this chapter shall exist during the continuation of the activity.
Immediately upon the receipt of a parade, public function, or
similar activity application, the Township Clerk shall send a copy
thereof to the Township Attorney, Chief of Police, Fire Chief, ambulance
companies, Superintendent of Public Works and Code Enforcement Officers.
A.
An application fee as set forth in Chapter 240, Fees, shall accompany each application for a parade, public function, or similar activity unless otherwise prescribed in § 363-3, Permit required, as being not applicable. The Township Committee may, in its discretion, reduce or waive the set fee.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
B.
Any Township nonprofit organization, including, but not limited to,
the Historical Society, Edgewater Park Township schools, Edgewater
Park Township youth organizations, religious organizations, and veteran
organizations, will not be subject to the application fee.
Each parade, public function, or similar activity permit shall
state the following information:
A.
Start time and end time.
B.
Purpose.
C.
Specific date.
D.
Minimum speed.
E.
Maximum speed.
F.
Maximum interval of space to be maintained between units of the parade,
public function or public assembly.
G.
The portions of the streets to be traversed that may be occupied
by the parade, public function or public assembly.
H.
The maximum length of the parade, public function or public assembly
in miles or fractions thereof.
I.
Specified area or Township recreational facility (facilities) to
be used.
J.
Such other information which the Township Committee shall find necessary
to insure the enforcement of this chapter.
A.
A permittee hereunder shall comply with all permit directions and
conditions and with all applicable laws and ordinances.
B.
No participant in a public function shall carry any baseball bat,
club or stave or any other object which may be used as an offensive
or defensive weapon.
C.
One of the authorized and responsible leaders of the organization
conducting the parade, public function, or similar activity shall
have the public function permit upon his person during the conduct
of the parade, public function, or similar activity.
A.
It is unlawful for any person to unreasonably obstruct, impede or
interfere with any parade, public function, or similar activity or
with any person, vehicle or animal participating in such a parade,
function or similar activity for which a permit has been granted in
accordance with the provisions of this chapter.
B.
No driver of any vehicle shall drive between the vehicles or persons
comprising a parade, public function, or similar activity when such
vehicles or persons are in motion and are conspicuously designated
as a parade, public function, or similar activity; provided, however,
that fire and police vehicles and ambulances may interrupt a parade,
public function, or similar activity in an emergency situation.
C.
The Chief of Police shall have the authority, when responsibly necessary,
to prohibit or restrict the parking of vehicles along a highway or
part thereof constituting part of the route of a parade, public function,
or similar activity. 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.
The Township Committee shall have the authority to revoke a
parade, public function, or similar activity permit issued hereunder
if, at any time, facts are brought to the attention of the Township
Committee which show that the parade, public function, or similar
activity does not, or will not, comply with the standards for issuance
as herein set forth.
If any section, subsection, sentence, clause or phrase of this
chapter is for any reason held invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall
not affect the validity of the remaining portions of the chapter.
