[Added 12-26-2019 by Ord. No. 19-22]
The term "public assembly" is defined to include demonstrations,
exhibitions, temporary structures and/or displays, picketing, speechmaking,
marching, holding vigils or religious services, meetings, or gatherings,
and all other like forms of conduct which involve the communication
or expression of views or grievances.
A.
The Borough shall allow public assemblies and other public expressions
of views conducted under the Constitution of the United States and
the Constitution of the State of New Jersey within the Borough and
in accordance with this chapter, provided that a permit for groups
of 20 or more persons has been issued by the Borough's Chief of Police
as described herein.
B.
Permits shall not be required for the sale and/or distribution of
printed matter under this article or for groups of fewer than 20 persons.
However, the rules governing public assembly shall apply equally to
all persons and/or organizations that exercise protected First Amendment
communication.
C.
To insure public safety and the protection of the residents of the
Borough, the Borough's Chief of Police may regulate the time, location,
number of participants, use of facilities, and quantity and type of
equipment to be used for a public assembly to the extent reasonable
under law, but may not regulate the content of such assembly.
D.
The Borough may have Borough staff on duty at an area in which a
public assembly is occurring. Borough personnel and/or representatives
shall be neutral toward the activity and may be present for the protection
of the participants, spectators, and both private and public property.
Borough personnel may not participate in a public assembly while on
duty during working hours. Borough personnel exercising their rights
to engage in such a public assembly while off duty shall not represent
any official Borough endorsement of the activity.
E.
For groups of 20 or more seeking to obtain a permit, the permit may
contain such conditions as are reasonably consistent with the protection
and use of the Borough's buildings, grounds, roads, and facilities
for the purposes for which they are established. Such permit may also
contain reasonable limitations on the equipment used and the time
and area within which the public assembly is permitted.
F.
Additionally, no public assembly, special event, demonstration, or
exercise of protected Constitutional rights shall obstruct pedestrians
or vehicular traffic or obstruct the free ingress or egress to and
from any building, grounds, improvement, or property.
To the extent required under § 115-29, permit applications may be obtained at the Garwood Police Department or made otherwise available on the Borough's website. Applicants shall submit completed permit applications and must be received by the Borough's Chief of Police at least three working days in advance of any proposed public assembly. If the permit is to be denied, or conditions attached thereto pursuant to § 115-29C, the Borough's Chief of Police shall promptly notify the applicant in writing.
