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Township of Franklin, NJ
Somerset County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Franklin 7-11-1995 by Ord. No. 1904 (Ch. 173 of the 1990 Code). Amendments noted where applicable.]
Dogs and other animals — See Ch. 115.
Noise — See Ch. 167.
Vehicles and traffic — See Ch. 226.
Peace and good order — See Ch. 265.
Special events — See Ch. 325.
Streets and sidewalks — See Ch. 333.
As used in this chapter, the following terms shall have the meanings indicated:
Any parade, exhibition, pageant or procession of any kind, or any similar display in or upon any street, park or other public place in the Township of Franklin.
A permit as required by this chapter.
Any person, firm, partnership, association, corporation, company or organization of any kind.
The Municipal Clerk of the Township of Franklin.
No person shall organize, aid, form or start any parade unless a parade permit shall have been obtained from the Township Clerk. This chapter shall not apply to:
Funeral processions;
Students going to and from school classes or participating in educational activities, providing such conduct is under the immediate direction and supervision of the proper school authorities and occurs on school property; and
A governmental agency acting within the scope of its functions.
A person seeking issuance of a parade permit shall file an application with the Township on forms provided by such official.
An application for a parade permit shall be filed with the Township Clerk not less than seven nor more than 30 working days before the date on which it is proposed to conduct the parade.
The application for a parade permit shall set forth the following information:
The name, address and telephone number of the person seeking to conduct such parade.
If the parade is proposed 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 heads of such organization, as well as a notarized statement executed by an officer of such organization authorizing the applicant to apply for a permit on behalf of such organization.
The name, address and telephone number of the person who will be the parade chairperson and who will be responsible for its conduct.
The date when the parade is to be conducted.
The route to be traveled, the starting point and the termination point.
The approximate number of persons who will constitute or partake; and, if animals will be included in the parade or line of march, then the specific type of animal, whether domestic or wild; and the number and description of the motor vehicles or any other type vehicle expected to be used in the parade, march, ceremonies, show, exhibit or procession.
The hours when such parade will start and terminate.
A statement as to whether the parade will occupy all or only a portion of the width of the streets proposed to be traversed.
The location of streets or any assembly areas for such parade.
The time at which units of the parade will begin to assemble at any such assembly area or areas.
The interval of space to be maintained between units of such parade.
If the parade is designed to be held by, and on behalf of or for any person other than the applicant, the applicant for such permit shall file with the Township Clerk a communication in writing from the person proposing to hold the parade, authorizing the applicant to apply for the permit on his/her behalf.
The application shall contain a statement of the purpose of the parade.
The applicant shall provide the Township Clerk with a satisfactory map of a detour route, if necessary. This map should show the type of signs and their locations. Any roadways which are involved in the detour route and which are not incorporated with the Township of Franklin must have prior written permission from the property owner and this permission must be submitted at the time of application. All signs must meet the specifications of the manual and uniform traffic control devices. All signs must be installed immediately prior to the closing of any streets and be removed immediately after reopening of such streets. All signs are to be secured to their own post and not to telephone poles or any other sign posts, trees or objects. No signs are to be placed in front of any traffic control devices, nor shall they, in any way, obstruct a sight line of any roadway or driveway. The detour route and signage placement must be approved by a police traffic officer prior to the start of the road closing.
Any additional information which the Township Clerk shall find reasonably necessary to a fair determination as to whether a permit should be issued.
If the parade will use or traverse any state or county road or highway within the Township of Franklin, the application shall be accompanied by a written consent or other written authorization to hold such parade on the date and at the time requested, issued by the public agency or body having jurisdiction and control over said road or highway.
The Clerk, when good cause is shown therefor, shall have the authority to consider any application hereunder which is filed less than seven working days before the date such parade is proposed to be conducted.
The Township Clerk shall issue a permit as provided for hereunder when, from a consideration of the application and from such other information as may otherwise be obtained, the Clerk finds that:
The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route.
The conduct of the parade will not require the diversion of so great a number of police officers of the Township to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection to the Township.
The conduct of such parade will not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the Township other than that to be occupied by the proposed line of march and areas contiguous thereto.
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 services to, areas contiguous to such assembly areas.
The conduct of such parade will not interfere with the movement of fire-fighting equipment en route to a fire.
The conduct of the parade is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or create a disturbance.
The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route.
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.
[Amended 10-10-2000 by Ord. No. 3162]
If the application shall be disapproved, the Township Clerk shall give written notice thereof, by regular mail and certified mail, return receipt requested, to the applicant within three working days of the filing of said application, setting forth the reasons for the denial of the permit.
Any person aggrieved shall have the right to appeal the denial of a parade permit to the Township Manager. The appeal shall be taken within five days after notice of the denial by mailing a written notice of such appeal, certified mail, return receipt requested, to the Township Clerk.
The Township Clerk, in denying an application for a parade permit, 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 file a written notice of acceptance with the Township Clerk at least two working days prior to the date when the parade is to be conducted. An alternate parade permit shall conform to the requirements of, and shall have the effect of, a parade permit under this chapter.
Immediately upon the issuance of a parade permit, notice thereof shall be forwarded by the Township Clerk to the following:
The Township Council;
The Mayor;
The Township Attorney;
The Township Manager;
The Township Chief of Police;
The Township Chief Fire Inspector;
The Director of the Department of Public Works; and
The general manager or responsible head of each public transportation utility, the regular routes of which vehicles will be affected by the route of the proposed parade.
Each parade permit shall state the following information:
Starting time;
Minimum speed;
Maximum speed;
Maximum interval of space to be maintained between the units of the parade;
The portions of the streets to be traversed that may be occupied by the parade;
The maximum length of the parade in miles or fractions thereof; and
Such other information as the Township Clerk shall find necessary to the enforcement of this chapter.
A permittee hereunder shall comply with all permit directions and conditions and with all applicable laws and ordinances.
The parade chairperson or other person heading or leading such activity shall carry the parade permit upon his person during the conduct of the parade and shall advise the police officer in charge of his whereabouts during said parade for the purposes of communicating necessary information.
The permittee shall notify, in writing, businesses and residents fronting along the proposed parade route, at least 48 hours in advance of the time scheduled for the commencement of such parade, of the fact of such parade. Such notice may be by newspaper advertisement, distribution of handbills or flyers, or other similar means.
The permittee shall be required to deposit an escrow with the Township at the time of application. Such monies shall be used to reimburse the Township for any costs associated with Police Department personnel assigned to the parade when police supervision cannot be accomplished with the regular staff/complement of patrol officers assigned to the shift during which the parade occurs. The amount of escrow deposit shall be determined by the Chief of Police based upon a reasonable estimate of the manpower and time necessary to effect supervision and control of the parade route. Any excess monies shall be returned to the parade organizers; should cost exceed the Police Chief's reasonable estimate, the permittee shall be required to pay such excess amounts.
No person shall unreasonably hamper, obstruct or impede, or interfere with any lawful parade or parade assembly or with any person, vehicle or animal participating or used in a parade.
No driver of a vehicle, street car or trackless trolley shall drive between the vehicles or person comprising a lawful parade when such vehicles or person are in motion and are conspicuously designated as a parade.
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 route of a parade. The Chief of Police shall post signs to such 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 chapter.
The Township Clerk shall have the authority to revoke a parade permit issued hereunder upon violation of the standards for issuance as herein set forth. The person to whom the permit has been issued shall be granted a hearing by the Clerk upon request of said person.
Any person who violates any provisions of this chapter shall, upon conviction thereof, be punished as provided in Chapter 1, Article II, General Penalty.