[HISTORY: Adopted by the North Wildwood City Council 8-7-1984 by
Ord. No. 872. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Parade Ordinance
of the City of North Wildwood."
As used in this chapter, the following terms shall have the meanings
indicated:
The Chief of Police of the City of North Wildwood.
The City of North Wildwood, State of New Jersey.
Any parade, march, ceremony, show, exhibition, pageant, block party
or procession of any kind or rallies or demonstrations or any similar display
or similar event, in or upon any street, park, quasi-public place or other
outdoor places owned or under the control of the city.
A permit as required by this chapter.
Any person, firm, partnership, association, corporation, company
or organization of any kind.
No person or association of persons shall engage in, participate in,
aid, form or start any parade, unless a parade permit shall have been obtained
from the Chief of Police.
This chapter shall not apply to:
A.
A person or association of persons seeking the issuance
of a parade permit shall file an application with the Chief of Police on forms
provided by the Chief of Police.
B.
Filing period. An application for a parade permit shall
be filed with the Chief of Police not less than 30 days before the date on
which it is proposed to conduct the parade. The application shall be signed
by the applicant and notarized.
C.
Contents. The application for a parade permit shall set
forth the following information:
(1)
The name, address and telephone number of the person
seeking to conduct such parade.
(2)
If the parade is proposed to be conducted for, on behalf
of or by an organization and names of the authorized and responsible heads
of such 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 such parade; the type of animals; and description
of the vehicles.
(7)
The hours when such 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 proposed to be traversed.
(9)
The location by streets of any assembly areas for such
parade.
(10)
The time at which units of the parade will begin to assemble
at any such assembly area or areas.
(11)
If the parade is designated 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
proposing to hold the parade, authorizing the applicant to apply for the permit
on his behalf.
(12)
The purpose of the parade.
(13)
Any additional information which the Chief of Police
shall find reasonably necessary to a fair determination as to whether a permit
should be issued.
D.
Late applications. The Chief of Police, where good cause
is shown therefor, shall have the authority to consider any application hereunder
which is filed less than 30 days before the date such parade is proposed to
be conducted.
E.
Application fee. A fee of $25 to cover the expenses incident
to processing shall be paid by the person applying for the permit at the time
of the filing of the application.
The Chief of Police 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, 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 of the City to properly police the
line of movement and the areas contiguous thereto as to prevent normal police
protection to the city.
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 City other than that to be occupied by the proposed line
of march and areas contiguous thereto.
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 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 parade is not reasonably likely to cause
injury to persons or property, to provoke disorderly conduct or to create
a disturbance.
G.
The parade is scheduled to move from its point of origin
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; provided, however, that the prohibition against advertising
any product, goods or event shall not apply to signs identifying organization
or sponsors furnishing or sponsoring floats or transportation for the parade.
The Chief of Police shall act upon the application for a parade permit
within seven days after the filing thereof. If the Chief of Police disapproves
the application, he shall mail to the applicant by registered mail or have
served upon the applicant, within 10 days after the date upon which the application
was filed, a notice of his action, stating the reasons for his denial of the
permit.
Any person aggrieved shall have the right to appeal the denial of a
parade permit to the Mayor of the city. The appeal shall be taken within three
days after receipt of the notice of denial. The Mayor shall act upon the appeal
within seven days after its receipt.
The Chief of Police, 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. Any applicant
desiring to accept an alternative permit shall, within three days after notice
of the action of the Chief of Police, 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 upon 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.
The date of the parade.
B.
The starting time and termination time of the parade.
C.
The portions of the streets to be traversed that may
be occupied by the parade.
D.
The number of persons, animals and motor vehicles that
will be in the parade.
E.
Such other information as the Chief of Police shall find
necessary to the enforcement of this chapter.
A permittee hereunder shall comply with all permit directions and conditions
and with applicable laws and ordinances.
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 parades. No driver of any vehicle 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 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. Vehicles parked illegally may be towed, and the owner or
operator thereof shall be required to pay the towage and storage fees in order
to obtain release of the motor vehicle.
The Chief of Police shall have the authority to revoke a parade permit
issued hereunder upon violation of the standards for issuance as herein set
forth.
A.
The applicant and any other persons, organizations, firms
or corporations on whose behalf the application is made, by filing such application,
do represent, stipulate, contract and agree that they will jointly and severally
indemnify and hold the City harmless against liability for any and all claims
for damage to property or injury to or death of persons arising out of or
resulting from the issuance of the permit or the conduct of the parade or
its participants.
B.
In addition, no parade permit shall be issued unless
the applicant therefor shall obtain a comprehensive general liability insurance
policy, issued by an insurance company authorized to do business in this state,
with coverage that includes the assembly area, the parade route, the disbanding
area of the parade and any other area used by the participants of the parade.
The City shall be named as an additional insured on the policy.
[Amended 9-1-1987 by Ord.
No. 970]
(2)
Excepted from this requirement shall be the municipal
corporations of the City of North Wildwood, the City of Wildwood and the Borough
of Wildwood Crest, which applicants shall only be required to submit satisfactory
proof to the Chief of Police of the City of North Wildwood of a comprehensive
general liability policy.
C.
At the time of the application for the parade permit.
satisfactory proof that the required insurance has been obtained must be presented
to the Chief of Police. The requirement for satisfactory proof may be complied
with either by depositing the insurance policy itself with the Chief of Police
or by furnishing a certificate of insurance, meeting the following specifications,
to the Chief of Police:
(1)
The insurance policies issued should be listed, and for
each policy the type of insurance, policy number, expiration date and limits
of liability should be shown.
(2)
The certificate should designate the City of North Wildwood
as certificate holder and as an additional insured and should contain a statement
to the effect that the policies listed are in force and that in the event
of cancellation or any material change in a policy affecting the certificate
holder, at least 10 days' prior written notice will be given to the certificate
holder.
(3)
Below the schedule of insurance in force, the certificate
should include a statement substantially as follows:
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"The comprehensive general liability policy listed above includes coverage
of designated premises and coverage for contractual liability in compliance
with the provisions of Ordinance No. 872 of the City Code of the City of North
Wildwood, for a parade to be held on _________________, 19_____."
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(4)
The certificate should be signed by an authorized agent
of the issuing company or companies and should have attached a copy of a power
of attorney evidencing the agent's authority.
D.
The requirements of Subsections B and C of this section shall not be applicable to parades composed of pedestrians only and not including any vehicles or animals. If motor vehicles are to be included, evidence of public liability insurance with the same limits on said vehicles may be accepted in lieu of the insurance required in Subsections B and C.
A.
It shall be unlawful for any person or association of
persons to stage, present or conduct or attempt to stage, present or conduct
a parade, without first having obtained a permit there for as herein provided,
or who shall otherwise violate any of the provisions of this chapter.
B.
It shall be unlawful for any person or association of
persons to participate in a parade on the City streets for which a permit
has not been granted.
C.
It shall be unlawful for any person or association of
persons to fail to comply with all directions and conditions of the parade
permit.
D.
Any person or association of persons violating the provisions
of any section of this chapter shall, upon conviction, be fined not more than
$1,250 or be imprisoned for not more than 90 days in the county jail, or both.
[Amended 5-21-2002 by Ord.
No. 1411]
Nothing in this chapter providing for the regulation or license of parades
or penalties set forth for violation of this chapter shall waive the right
or otherwise preclude the City of North Wildwood or any of its residents from
seeking or obtaining injunctive relief in a court of general jurisdiction
for the purpose of prohibiting or regulating any proposed or licensed parade.
