Participating in peaceful marches, demonstrations and other
expressive activity is a core right protected by both the United States
and New Jersey Constitutions and supported by the elected representatives
of the residents of the City of Hackensack. It is the intent of this
article to protect and preserve the health, safety, and welfare of
the citizens of Hackensack by establishing certain "time, place and
matter" regulations to ensure that such constitutionally protected
activity can safely proceed without undue interference. The City will
not impose more restrictions on one group than another or enforce
this article differently based upon the categories of people involved
or the content of the message being communicated.
As used in this article, the following terms shall have the
meanings indicated:
MARCH, DEMONSTRATION OR OTHER EXPRESSIVE ACTIVITY
Any form of noncommercial expression that is protected by
the United States and New Jersey Constitutions, which may include
peaceful assemblies, speeches, protests, picketing, leafleting, circulating
petitions, distributing literature, and similar expressive communications
and activities.
PARADE
Any march or procession (excluding funeral processions) on
any public street within the City of Hackensack consisting of people,
animals or vehicles, or a combination thereof, which does not comply
with normal and usual traffic regulations or controls.
During the course of a march, demonstration or other expressive
activity, the City will enforce all laws and regulations relating
to the peace and good order of the community and will not tolerate
any illegal activity, particularly with respect to the destruction
of public property or any attempt to injure another person. In addition
to any other generally applicable City ordinances, rules and regulations
that may be applicable to such activity, the following specific regulations
shall also apply to such activity:
A. Signs are not permitted to be posted on utility or other poles, unless
authorized in writing by the owner or operator of the utility or other
pole. Additionally, any signs or flags must be held by hand and not
affixed to any pole or stick, except for cardboard tubing.
B. The use of sound amplification equipment, including bull horns, is
prohibited except where authorized by permit.
C. The open carrying of any type of weapon is prohibited, including,
but not limited to, knives (except for pocket knives), bricks, bats,
clubs, chuck sticks, and brass knuckles.
D. Persons shall not be permitted to climb in trees or up utility poles.
E. It is prohibited to use City property that is not generally considered
open for public expression, including parking lots, police and fire
stations, and the interior of City-owned or City-controlled buildings,
for expressive activity. The foregoing does not apply to City property
generally considered open for public expression, such as public parks,
plazas, streets and sidewalks, provided generally applicable City
ordinances, rules and regulations are followed.
F. In the absence of a permit or proper authorization for the closure
of a City street, the free flow of traffic along City streets shall
remain unimpeded and all traffic and pedestrian signals shall be followed.
Pedestrians not participating in expressive activity shall be given
enough space to travel on City sidewalks and may not be maliciously
obstructed or detained.
G. Persons not participating in expressive activity must be allowed
unimpeded access to buildings and businesses in the vicinity of the
expressive activity, with a clear space for ingress and egress available
at all times.
H. Property shall not be removed from any construction site located
anywhere within the City.
I. City officials shall not be impeded by any person in the course of
performing their official duties.
J. If the expressive activity meets the definition of a "parade," then advance written permission from the City Manager of the City of Hackensack shall be required, consistent with §
148-8 of the Code of the City of Hackensack.
K. No person shall interfere with peaceful marches, demonstrations or
other expressive activity provided the persons engaging in such activity
are in compliance with the foregoing rules and regulations and any
other generally applicable laws or ordinances.
Any person violating any of the provisions of this article shall be subject to the penalties established in §
1-15 of the Code of the City of Hackensack.