[HISTORY: Adopted by the Village Council of the Village of Ridgewood 5-14-2008 by Ord. No. 3117. Amendments noted where applicable.]
This chapter shall constitute the Public Assembly Ordinance of the Village of Ridgewood, to be codified in the Code of the Village of Ridgewood.
As used in this chapter, the following terms shall have the meanings indicated:
- PUBLIC ASSEMBLY
- An assembly, gathering or meeting of more than 10 persons for a common purpose in a place open to the general public which is the result of prior planning, which continues for more than 30 minutes and which does not obstruct vehicular and pedestrian traffic in the Village. Such gatherings, meetings and assemblies will be accommodated in Village parks, public plazas or sidewalks adjacent to public roadways.
No person or organization shall arrange, conduct or organize a public assembly unless a permit is issued by the office of the Chief of Police. Applications shall be filed on forms provided by the office of the Chief of Police. Applications shall be filed with the office of the Chief of Police no less than five business days prior to the date of the public assembly. There shall be no charge for the issuance of a permit to conduct a public assembly.
Applications for a public assembly permit shall set forth the following information:
The name, address and telephone number of the person or organization seeking to conduct such assembly (if an organization, name, address and telephone number of the contact person).
The number of individuals expected to participate in the public assembly.
The date, location, time and expected duration of the public assembly.
Whether sound amplification equipment will be used and/or live music will be involved.
Any special requirements for security or police protection.
Any special requirements for security or police protection.
A certification that the public assembly will not obstruct pedestrian or vehicular traffic.
The Chief of Police shall issue a permit as provided for in this chapter unless, from a consideration of the application and from such other information as may be otherwise obtained, he finds that:
The information provided in the application is found to be false, misleading or incomplete in any material detail.
The applicant has on prior occasions damaged public or private property and has not paid for such damage; owes the Village any reimbursement for costs associated with protecting the public welfare during a prior public assembly or for costs of cleanup for a prior assembly; or otherwise has not complied with the conditions of a previously issued public assembly permit.
The public assembly conflicts with previously scheduled or planned activities at the same location, including but not limited to Village construction/maintenance, a previously-permitted public assembly or Village recreational activities.
The public assembly will be held at a location adjacent to a school at a time when such school is in session and the noise created by the assembly will substantially disrupt the educational activities of the school.
The public assembly is scheduled to be held at such time and place as to be substantially disruptive to the peace and quiet of Village residents. In such a case, the Village will take all reasonable steps to find an alternative time and location for the public assembly.
The public assembly is prohibited by state statute.
The Chief of Police shall act upon an application for a public assembly permit within two business days after the filing thereof and shall, within such time, notify the applicant of his action. In the event of a denial of the permit, the Chief of Police shall give the reasons therefor in writing to the applicant. If more than one application is received for a public assembly permit on the same date, the application first received in the Village Clerk's office shall be granted if it complies with all the requirements of this chapter.
An appeal from a denial of a permit application may be made to the Village Manager in writing within two business days of such denial stating the description of the event, the relief sought and why such relief should be granted. The Village Manager shall act upon the appeal as soon as practicable after receiving notice of the appeal. The Village Manager shall base his/her decision solely on the information contained in the permit application and the written notice of appeal.
Prior to the issuance of a public assembly permit, the applicant and authorized officer of the sponsoring organization, if any, shall sign an agreement to reimburse (i) the Village, for any costs it incurs for repairing damage to Village property sustained in connection with and proximately caused by the activities of the assembly, for additional costs incurred by the Village for protecting the public welfare during the assembly, and for costs incurred by the Village for cleanup and restoration of the assembly site not properly undertaken by applicant/sponsoring organization and (ii) Village residents, for any costs they incur for repairing damage to their private property sustained in connection with and proximately caused by activities of the assembly. This agreement shall also provide that the applicant/sponsoring organization shall hold harmless, indemnify and defend the Village, its officials, agents and employees against any claims, costs, damages, demands, liability and notices resulting from any damage or injury proximately caused by the public assembly and the actions of the permittee/sponsoring organization in connection with the public assembly.
The applicant/sponsoring organization of a parade shall possess or obtain public liability insurance in the minimum amount of $1,000,000 per occurrence and $2,000,000 in the aggregate to protect against loss from liability imposed by law for damages on account of bodily injury and property damage arising from the parade. Evidence of insurance, satisfactory to the Chief of Police, must be filed with the Chief of Police no less than five days before the date of the event; provided, however, that where good cause is shown in writing by the applicant, the Chief of Police may waive the filing deadline. This insurance requirement shall be waived by the Chief of Police if the applicant/sponsoring organization signs a verified statement that he believes that the assembly's purpose is First Amendment expression and that the cost of insurance is so financially burdensome that it would constitute an unreasonable burden on the right of First Amendment expression.
A permittee under this chapter shall comply with all permit terms and with all applicable laws and ordinances. The organizer of the public assembly (or contact person, if the assembly is sponsored by an organization) shall carry the assembly permit upon his person during the public assembly.
The Chief of Police shall have the authority to revoke a public assembly permit issued under this chapter if an applicant/sponsoring organization fails to comply with the standards for issuance of a permit as herein set forth in § 207A-5.