[HISTORY: 1973 Code §§ 70-1—70-11 as
amended through October 13, 2016. Amendments noted where applicable.]
No procession or parade containing 10 or more vehicles or 20
or more persons not riding in vehicles shall occupy, march or proceed
along any highway, sidewalk or public right-of-way, at any time, unless
a permit to do so at that time has been obtained from the Mayor and
Council. No person shall take part in, aid, form or start any such
procession or parade unless a permit for said procession or parade
has been issued by the Mayor and Council, and no person shall take
part in any procession or parade which is proceeding in a manner not
in accordance with the terms of such permit.
The provisions of this chapter shall not apply to:
A.
Processions or parades when all persons taking part are policemen,
firemen, members of the Armed Forces of the United States or of the
State of New Jersey, or officials of governmental units in the performance
of their duty, or funeral processions.
B.
Students going to and from school classes or participating in school
activities, providing such conduct is under the immediate direction
and supervision of the proper school authorities.
Application for a permit shall be made at least 30 days before
the parade. Upon receipt of the application, it shall be immediately
referred to the Chief of Police for investigation. The application
should state:
A.
The name, address and telephone number of the person or persons conducting
the parade. If a corporation or other organization is conducting the
parade, the name of the organization and of all the principal officers
and directors or trustees thereof.
B.
The name, address and telephone number of the parade Chairman who
will be responsible for its conduct.
C.
The starting point and termination point of the parade.
D.
The location by streets of proposed assembly areas.
E.
The approximate number of persons, animals and vehicles participating,
together with a description of the animals and vehicles by type.
F.
The hours when the parade will start and terminate.
G.
A statement as to whether the parade will occupy all or only a portion
of the streets proposed to be traversed.
H.
The distance to be maintained between parade units.
I.
Any other information which the Chief of Police shall deem necessary.
The application shall be accompanied by a fee of $25, to cover
costs of investigation. Said fee shall be nonrefundable if said application
is denied, and shall be in addition to any charges for extra police
protection for the proposed parade.
Upon application duly made not less than 30 days, excluding
the date of application, legal holidays or Sundays, prior to the proposed
date of the procession or parade, in such form as the Mayor and Council
shall require, a permit for the procession or parade shall be issued
by the Chief of Police, after considering the application and completing
his investigation, unless:
A.
The procession or parade for which a permit is sought could conflict
with another parade or procession for which a permit is to be or has
been issued, and for which application was made previous to the application
to be rejected.
B.
The procession or parade could conflict with a procession or parade
to which this chapter does not apply.
C.
The Mayor and Council deems that the procession or parade for which
a permit is sought could endanger the public health or safety, or
could be detrimental to the public welfare.
D.
The procession or parade is to be held for the purpose of advertising
any commercial product, goods or event, or is designated purely for
private profit.
E.
The organization requesting a permit has a record of previous violations
of parade or procession ordinances.
F.
The parade will substantially interrupt the safe and orderly movement
of traffic contiguous to its route, will require a diversion of so
great a number of police officers as to prevent normal police protection,
ambulance protection, interference with fire-fighting equipment, unreasonably
cause injury to persons or property or provoke disorderly conduct
or create disturbance.
[New]
If the Chief of Police shall deny a permit to any applicant,
said applicant may appeal from the denial to the Mayor and Council.
Upon issuing a parade permit, the Chief of Police shall notify
the Mayor, members of the Council, the Borough Administrator, Fire
Chief, Borough Engineer and any public transportation companies affected
by the route.
Each permit issued under this chapter shall specify the names
of the organizations participating, the name of the person and signatures,
including the officers or committee [or, if a committee without Chairman,
the names of the five members of the committee chiefly responsible
for the marshaling and organization of the procession or parade],
the highways, sidewalk or public right-of-way through which it may
move, how much of these highways in width it may occupy and the hours
during which it may proceed.
No person shall drive any vehicle between the vehicles or persons
comprising a procession or parade proceeding in accordance with the
terms of a permit therefor duly issued by the Mayor and Council, when
such vehicles or persons are in motion and are conspicuously designated
as a procession or parade, nor shall any person unreasonably hamper,
obstruct or impede or interfere with any person, vehicle or animal
participating or used in such a procession or parade.
The Chief of Police shall have the authority to prohibit or
restrict the parking of vehicles along a highway, street, road, avenue
or any public right-of-way, or part thereof, constituting a part of
the route of a procession or parade, and to cause signs to such effect
to be posted, and it shall be unlawful and a violation of the chapter
for any person to park or leave unattended any vehicle upon any highway,
street, road, avenue or public right-of-way, or portion thereof, in
violation of prohibitions so posted along said highway or portion
thereof.
[New]
Any association, corporation, club or person who shall, without having first secured a permit as above directed, hold, conduct or participate in any public parade or procession, assemblage or public gathering within the corporate limits of the Borough of North Caldwell shall be punishable by a penalty as stated in Chapter 1, Article II General Penalty, Section 1-5 et seq., in the discretion of the Municipal Court Judge before whom such person shall be convicted.
