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 Borough of Bergenfield. It is the intent of this article to protect and preserve the health, safety, and welfare of the citizens of Bergenfield by establishing certain "time, place and manner" regulations to ensure that such constitutionally protected activity can safely proceed without undue interference. The Borough 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.
[Adopted 3-18-2025 by Ord. No. 25-2641[1]]
As used in this article, the following terms shall have the meanings indicated:
Any march, procession (excluding funeral processions), or parade on any public street within the Borough of Bergenfield consisting of people, animals, or vehicles, or a combination thereof, which does not comply with normal and usual traffic regulations or controls.
For the purposes of this article, the term "special event" shall be deemed to include any parade, walkathon, bikeathon, block party, march, demonstration, protest, or other organized group having a common purpose or goal, proceeding along a public street, public sidewalk, or other public right-of-way in the Borough of Bergenfield.
Application to conduct such special event shall be made to the Borough Administrator, in writing, by the person or persons in charge or responsible therefor. Such application shall set forth the following information:
A.
The name, address and telephone number of the person requesting the permit.
B.
The name and address of the organization or group he or she is representing.
C.
The name, address and telephone number of the person or persons who will act as chairperson of the special event and be responsible for the conduct thereof.
D.
The number of monitors to be provided and the identifying marks, badges, or symbols to be worn or used by the monitors.
E.
A description of the event, the estimated number of persons to participate and otherwise attend and the number and types of vehicles (if any) to participate.
F.
The method of notifying participants of the terms and conditions of the special event.
G.
The date the event is to be conducted and the hours it will commence and terminate.
H.
The specific assembly and dispersal locations, the specific route and the plans, if any, for assembly and dispersal.
I.
Whether any music will be provided, either live or recorded.
J.
The number, types and locations of all loudspeakers and amplifying devices to be used.
K.
Such other information as the Police Chief may deem necessary in order to properly provide for traffic control, street and property maintenance and the protection of the public health, safety and welfare.
If the Borough Administrator, in consultation with the Chief of Police as necessary, shall find that the special event is not to be held for any unlawful purpose and will not in any manner tend to cause a breach of the peace or unnecessarily interfere with the use of the public streets or public rights-of-way, he or she shall issue said permit.
No such permit shall be issued for a special event unless application has been made not less than 10 days in advance of the date on which said special event is sought to be held, unless the applicant demonstrates that it was not feasible to have made an application by such time. No such event shall commence earlier than 8:00 a.m. nor continue beyond the hour of 10:00 p.m. of the same day. All directional signs erected in connection with the special event shall be removed within 24 hours of the termination of the event.
Any permit granted under this chapter may contain conditions reasonably calculated to reduce or minimize dangers and hazards to vehicular or pedestrian traffic and the public health, safety, and welfare, including but not limited to changes in time, duration or number of participants.
During the course of a special event, whether a permit is obtained or not, the Borough 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 Borough ordinances, rules, and regulations that may be applicable to such activity, the following specific regulations shall also apply during a special event:
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 exceeding three feet in length, except for cardboard tubing.
B.
In order to protect the quiet enjoyment of residents' homes during sleeping hours, including the sleeping hours of children, under no circumstances may sound amplification equipment be utilized during a special event in a residential neighborhood after the hour of 7:00 p.m. Persons participating in a special event shall not be permitted to climb in trees or up utility poles.
C.
To protect the public safety, it is prohibited to conduct a special event inside or in the immediate vicinity of a police or fire station, the interior of a Borough-owned or Borough-controlled building, or other buildings or locations within the Borough, as determined by the Borough Administrator, to be subject to this provision to protect the public safety. The foregoing does not apply to Borough property generally considered traditional public forums, including but limited to public parks, plazas, streets and sidewalks, or limited public forums, provided the provisions of this article, Article V of Chapter 273, and generally applicable Borough ordinances, rules, and regulations are complied with.
D.
It is prohibited to engage in picketing or other activities that (i) are disruptive of or are undertaken to disrupt, (ii) are directed at, and (iii) take place directly in front of or directly adjacent to, a particular private residence. The primary purpose of this provision is the protection and preservation of the sanctity and quiet enjoyment of the home by ensuring that members of the community are free from targeted harassment and intrusion when they are in their private homes and dwellings.
E.
It is prohibited to engage in picketing or other activities that (i) are disruptive of or are undertaken to disrupt, (ii) are directed at, and (iii) take place within 50 feet of, a religious establishment, including a house of worship or religious school, directly before, during, or directly after any religious program or activity. The primary purpose of this provision is the protection and preservation of First Amendment religious liberty rights by ensuring that members of the community are free from targeted harassment and intrusion when attending a religious establishment to engage in the free exercise of religion.
F.
The free flow of traffic along Borough streets shall remain unimpeded and all traffic and pedestrian signals shall be followed, except to the extent authorized by a permit or other legal authorization for the closure of a Borough street.
G.
Pedestrians not participating in the special event shall be given enough space to travel on Borough sidewalks and may not be maliciously obstructed or detained.
H.
Law enforcement is authorized to redirect a special event in the interest of public safety.
I.
Persons not participating in a special event must be allowed unimpeded access to buildings and businesses in the vicinity of the special event, with a clear space for ingress and egress available at all times.
J.
Property shall not be removed from any construction site located anywhere within the Borough.
K.
Borough officials shall not be impeded by any person in the course of performing their official duties.
L.
No person shall interfere with a special event provided the persons engaging in such activity are in compliance with the foregoing rules and regulations and any other generally applicable laws or ordinances. All of the foregoing rules and regulations shall apply without regard for whether a permit must be or has been obtained, except to the extent a particular rule or regulation has been waived or modified by a valid permit or other legal authorization.
Pursuant to N.J.S.A. 40:67-16.9, for the purpose of carrying out the preceding sections of this chapter, the Borough Council authorizes the Borough Administrator to provide, by regulation, for the closing of any street, or portion thereof, to motor vehicle traffic on any day or days or during specified hours on any day or days whenever he/she finds that such closing is necessary for the preservation of the public safety, health or welfare. Any regulations promulgated by the Borough Administrator pursuant to the authority of this section shall provide for the posting of proper warning signs of such closing in any street, or portion thereof, during the time the same is closed. The penalty for the violation of this section or any regulations promulgated pursuant thereto shall be as contained in § 1-4, General penalty, of the Bergenfield Borough Code.
The applicant shall agree to indemnify and hold harmless the Borough, its servants, agents, and employees for any and all claims caused by or arising out of the activities permitted.
No special event shall occur, and no person shall participate in a special event, absent the issuance of a permit, except if the special event is held in response to breaking news. Additionally, all conditions contained in any permit shall be complied with.
It is unlawful to violate or fail to abide by any of the provisions of this chapter. Any person who violates any provision of this chapter, or any part thereof, shall be subject to a fine or penalty for each violation as provided in § 1-4 of the Code of the Borough of Bergenfield.