[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:
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:
A.
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).
B.
The number of individuals expected to participate
in the public assembly.
C.
The date, location, time and expected duration of
the public assembly.
D.
Whether sound amplification equipment will be used
and/or live music will be involved.
E.
Any special requirements for security or police protection.
F.
Any special requirements for security or police protection.
G.
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:
A.
The information provided in the application is found
to be false, misleading or incomplete in any material detail.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
A.
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.
B.
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.
