[1991 Code § 153-1; Ord. No. 1997-1]
As used in this article, the following terms shall have the
meanings indicated:
Any parade, march, ceremony, show, exhibition, run, bicycle
race, pageant or procession of any kind or any similar display in
or upon any street, park or other public place in the Borough.
The permit required by this article.
[1991 Code § 153-2]
No person shall engage in, participate in, aid, form or start
any parade unless a parade permit is obtained from the Chief of Police
or other appropriate official or body. This regulation shall not apply
to funeral processions, to students going to and from school or participating
in educational activities, provided that their conduct is under the
immediate direction and supervision of the proper school authority,
or to a governmental agency acting within the scope of its functions.
[1991 Code § 153-3; Ord. No. 1997-1; Ord. No. 1999-01 Ord. No. 2016-24]
A person seeking issuance of a parade permit shall file an application
with the Chief of Police on forms provided by him.
A.
Filing Period. The application shall be filed with the Chief of Police
not less than 30 days nor more than 60 days before the date on which
it is proposed to conduct the parade.
B.
Contents. The application shall contain the following information:
(1)
The name, address and telephone number of the person seeking to conduct
the parade.
(2)
If the parade is 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 head of the organization.
(3)
The name, address and telephone number of the person who will be
the parade chairman and who will be responsible for its conduct.
(4)
The date when the parade is to be conducted.
(5)
The route to be traveled, the starting point and the termination
point.
(6)
The approximate number of persons who and animals and vehicles which
will constitute the parade, the type of animals and description of
the vehicles.
(7)
The hours when the parade will start and terminate.
(8)
A statement as to whether the parade will occupy all or only a portion
of the width of the streets to be traveled.
(9)
The location by streets of any assembly areas for the parade.
(10)
The time when units of the parade will begin to assemble at
any assembly area.
(11)
The interval of space to be maintained between units of the
parade.
(12)
If the parade is to be held by or for any person other than
the applicant, a written statement from the person proposing to hold
the parade authorizing the applicant to apply for the permit on his
behalf.
C.
Late Applications. When good cause is shown, the Chief of Police
shall have the authority to consider any application which is filed
less than 30 days before the proposed date of the parade.
D.
Fee. A fee of $50 shall be paid at the filing of the application.
This fee shall be waived for any organization qualified as nonprofit
under Section 501(c)(3) of the Internal Revenue Code.
E.
Police Service Fee. A fee for Police Services shall be charged pursuant to § 2-19-19, "Engagement of Services of Off-Duty Police Officers," of the "Revised General Ordinances of Hightstown Borough". The fee for Police Services shall not be waived for any organization qualified as nonprofit under Section 501(c)(3) of the Internal Revenue Code.
[1991 Code § 153-4]
The Chief of Police shall issue a parade permit when, from a
consideration of the application and any other information otherwise
obtained, he finds that:
A.
The conduct of the parade will not substantially interrupt the safe
and orderly movement of other traffic contiguous to its route.
B.
The conduct of the parade will not require the diversion of so great
a number of Police Officers to properly police the line of movement
and areas contiguous thereto as to prevent normal police protection
to the Borough.
C.
The conduct of the parade will not require a diversion of so great
a number of ambulances as to prevent normal ambulance service to other
portions of the Borough.
D.
The concentration of persons, animals and vehicles at assembly points
of the parade will not unduly interfere with proper fire and police
protection of or ambulance service to areas contiguous to the assembly
points.
E.
The conduct of the parade will not interfere with the movement of
fire-fighting equipment en route to a fire.
F.
The conduct of the parade is not reasonably likely to cause injury
to persons or property, to provide disorderly conduct or to create
a disturbance.
G.
The parade is not to be held for the sole purpose of advertising
any product, goods or event and is not designed to be held purely
for private profit.
[1991 Code § 153-5]
The Chief of Police shall act upon the application within two
days after the filing thereof. If he disapproves the application,
he shall mail to the applicant within two days after its filing a
notice of his actions, stating the reasons for denial.
[1991 Code § 153-6]
Any person aggrieved shall have the right to appeal the denial
of a parade permit to the Borough Council. The appeal shall be taken
within two days after notice, and the Council shall act upon the appeal
within two days of its receipt.
[1991 Code § 153-7]
The Chief of Police, in denying a parade permit application,
shall be empowered to authorize the conduct of the parade on a date,
at a time or over a route different from that named by the applicant.
An applicant desiring to accept an alternate permit shall, within
seven days after notice of the Police Chief's action, file a written
notice of acceptance with the Chief of Police. An alternate parade
permit shall conform to the requirements of and have the effect of
a parade permit under this article.
[1991 Code § 153-8]
Immediately upon the issuance of a parade permit, the Chief
of Police shall send a copy thereof to:
[1991 Code § 153-9]
Each permit shall state the following information:
A.
Starting time.
B.
Minimum speed.
C.
Maximum speed.
D.
Maximum interval of space to be maintained between units of the parade.
E.
Portions of streets to be traversed that may be occupied by the parade.
F.
Maximum length of the parade in miles or fraction thereof.
G.
Any other information the Chief of Police shall find necessary to
the enforcement of this article.
[1991 Code § 153-10]
A permittee under this article shall comply with all permit
directions and conditions and with all applicable laws and ordinances.
The parade chairman or other person heading or leading the parade
shall carry the permit on his person during the conduct of the parade.
[1991 Code § 153-11]
A.
Interference. No person shall unreasonably hamper, obstruct, impede
or interfere with any parade or parade assembly or any person, vehicle
or animal participating or used in a parade.
B.
Driving through Parades. No driver of a vehicle, streetcar or trackless
trolley shall drive between the vehicles or persons comprising a parade
when such vehicles or persons are in motion and are conspicuously
designated as a parade.
C.
Parking on Parade Route. The Chief of Police shall have the authority,
when reasonably necessary, to prohibit or restrict the parking of
vehicles along a highway or part thereof constituting a part of the
parade route. The Chief of Police shall post signs to that 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 section.
[1991 Code § 153-12]
The Chief of Police shall have the authority to revoke a parade permit upon application of the standards of issuance in § 3-13-4.
[1991 Code § 153-13; Ord. No. 1997-1]
[1991 Code § 153-14; Ord. No. 1997-1]
The penalty stated in this article is not intended to state
an appropriate penalty for each and every violation. Any lesser penalty,
including a nominal penalty or no penalty at all, may be appropriate
for a particular case or violation.
