[HISTORY: Adopted by the Mayor and Council of the Borough of Clementon
4-15-1974 by Ord. No. 74-5. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 245.
This chapter shall be known and may be cited as the "Parade Ordinance
for the Borough of Clementon."
For the purpose of this chapter, the terms used herein
are defined as follows:
Any parade, march, ceremony, show, exhibition, pageant, procession
of any kind, or any similar display in or upon any street, park or other public
place in the Borough of Clementon.
Any person, firm, partnership, association, corporation, company
or organization of any kind or class.
A.
No person, firm, partnership, association, corporation,
company or organization of any kind or class shall engage, participate in,
aid, form or start any parade unless a parade permit shall have been obtained
from the Chief of Police, after reviewed by the Public Safety Committee.
B.
Exceptions. This chapter shall not apply to:
(1)
Funeral and wedding processions.
(2)
Any governmental agency acting within the scope of its
function.
(3)
Students going to and from school classes or participating
in educational activities, provided such conduct is under the immediate direction,
supervision and authorization of the proper school authorities of the Borough
of Clementon.
A person seeking issuance of a parade permit shall file an application
with the Chief of Police on forms to be provided by such office.
A.
Filing period. An application for a parade permit shall
be filed with the Chief of Police of the Borough of Clementon not less than
10 days before the date on which it is proposed that such parade shall be
conducted.
B.
Contents. The application for a parade permit shall set
forth the following information in full detail:
(1)
The name, address and telephone number of the person
or persons seeking to conduct such parade.
(2)
If the parade is proposed to be conducted for, or on
behalf of, or by an organization, the name, address, telephone number, authorized
and responsible leaders of such organization together with the address of
the headquarters of such organization shall be set forth.
(3)
The name, address and telephone number of the person
who will be the parade chairman or who will be personally responsible for
its conduct.
(4)
The date when such parade is to be conducted.
(5)
The route to be traveled, including the starting point
and the termination point, together with all roads and streets to be traversed
during the course of said parade.
(6)
The approximate number of persons who and animals and
vehicles which will constitute such parade; and types and description of the
vehicles where such information is available.
(7)
The hours when such parade will start and terminate.
(8)
Statement as to whether the parade will occupy all or
only a portion of the width of the streets proposed to be traversed.
(9)
The location of any and all streets for any assembly
areas for such parade.
(10)
The time at which units of the parade will begin to assemble at any assembly areas so designated under § 193-4B(9).
(11)
The interval of space to be maintained between the units
of such parade.
(12)
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 Chief of Police a communication in writing from the person
proposed to hold the parade, authorizing the applicant to apply for the permit
on his behalf.
(13)
Any additional information which the Chief of Police
of the Borough of Clementon shall find reasonably necessary for a fair determination
as to whether the permit should be issued.
C.
Late applications. The Chief of Police and the Public Safety Committee, where a good cause is shown on the time limit under § 193-4A could not be complied with, shall have the authority to consider any application hereunder which is filed less than 10 days before the date such parade is proposed to be conducted.
The Chief of Police and the Public Safety Committee shall issue a permit
provided for hereunder when, from a consideration of the application and from
such other information as may be otherwise obtained, they shall find that:
A.
The conduct of the parade will not substantially interrupt
the safe and orderly movement of other traffic contiguous to its routes.
B.
The conduct of the parade will not require the diversion
of so great a number of police officers of the Borough of Clementon to properly
police the line of movement and the area contiguous thereto as to prevent
normal police protection of the Borough of Clementon.
C.
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 Borough of Clementon other than that to be occupied by
the proposed line of march in areas contiguous thereto.
D.
The concentration of persons, animals and vehicles at
assembly points of the parade will not unduly interfere with the proper fire
and police protection of or ambulance service to areas contiguous to such
assembly areas.
E.
The conduct of such parade will not interfere with the
movement of fire-fighting equipment en route to a fire.
F.
The conduct of the parade is not unreasonably likely
to cause injury to persons or property, to provoke disorderly conduct or create
a disturbance.
G.
The parade is scheduled to move from its point of origin
and to its point of termination expeditiously and without unreasonable delays
en route.
H.
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.
I.
Nothing in this chapter will be construed to prohibit
any lawful activity under the National Labor Relations Act regarding picketing.
If the Chief of Police and the Public Safety Committee shall approve
the application; they shall mail to the applicant at least five days prior
to the date of the parade a notice of their action. In the event that such
application shall not be approved, like notice shall be sent at least five
days prior to the date of such parade setting forth the reason for such denial
of the permit.
The applicant may appeal from the denial of his application to the Mayor
and Borough Council within 48 hours of said notice of denial. Said Mayor and
Council of the Borough of Clementon shall consider the appeal within 48 hours
of the filing of such notice of appeal.
The Chief of Police and the Public Safety Committee in denying any application
for a parade permit shall be empowered to authorize the conduct of the parade
on the date, at a time or of a route different than that named by the applicant.
Any applicant desiring to accept an alternate permit shall, within three days
after notice of the action of the Chief of Police and the Public Safety Committee,
file a written notice of acceptance with the Chief of Police. An alternate
parade permit shall conform to the requirements of and shall have the effect
of a parade permit under this chapter.
Immediately following the issuance of a parade permit, the Chief of
Police shall send a copy thereof to the following:
Each parade permit shall state the following information:
A.
Starting time.
B.
Minimal speed.
C.
Maximum speed.
D.
Maximum interval of space to be maintained between the
units of the parade.
E.
The portions of the streets to be traversed or which
may be occupied by the parade.
F.
The maximum length of the parade in miles or fractions
thereof.
G.
Such other information as the Chief of Police shall find
necessary for the enforcement of this chapter.
Any permittee hereunder shall comply with all permit directions and
conditions and with all applicable laws and ordinances of the Borough of Clementon.
The parade chairman or such other person heading or leading such activity
shall carry the parade permit upon his person during the conduct of any such
parade.
A.
Interference. No person shall unreasonably hamper, obstruct
or impede, or interfere with any parade or parade assembly or with any person,
vehicle or animal participating or used in a parade.
B.
Driving through parade. No driver of any motor vehicle
shall drive between the vehicles or persons comprising any 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 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 a vehicle in violation
thereof. No person shall be liable for parking in a street unposted in violation
of this chapter.
The Chief of Police and the Public Safety Committee shall have the authority to revoke a parade permit issued hereunder upon application of the standards for issuance as herein set forth. It shall be a ground for revocation when any such application shall fail to contain all the contents as set forth under § 193-4 and other sections of this chapter.
Any person violating any of the terms of this chapter shall be subject
to a fine of not more than $500 or imprisonment in the county jail for a term
not exceeding 90 days, or both, at the discretion of the Municipal Judge.
