[HISTORY: Adopted by the City Council of the City of Passaic 6-19-1975 by Ord. No. 297-75 as Section 3-7 of Chapter III of the Revised General Ordinances of the City of Passaic, 1975. Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. II.
As used in this chapter, the following terms shall have the meanings indicated:
FLAG RAISING
A ceremony outside of Passaic City Hall or on any other public property to raise a flag other than the United States flag, New Jersey flag or City of Passaic flag.
[Added 11-24-2009 by Ord. No. 1816-09[1]]
PARADE
Any parade, march, ceremony, show, exhibition, pageant or procession of any kind or any similar display in or upon any street, park or other public place in the City.
[1]
Editor's Note: This ordinance also changed the title of this chapter from Parades to Parades and Flag-Raising Ceremonies.
[Amended 11-24-2009 by Ord. No. 1816-09]
No person shall engage in, participate in, aid, form or start any parade unless a parade permit shall have been obtained from the Chief of Police. No person shall hold a flag-raising ceremony on any public property unless a flag-raising permit shall have been obtained from the City Clerk.
This chapter shall not apply to funeral processions.
A. 
A person applying for a parade permit shall make application to the Chief of Police not less than five days before the date on which it is proposed to conduct the parade. When good cause is shown, the Chief of Police shall have the authority to consider an application for a parade permit which is filed less than five days before the proposed date of the parade.
B. 
A person applying for a flag-raising permit shall file an application with the City Clerk not less than 30 days but not longer than six months prior to the flag-raising date.
[Added 11-24-2009 by Ord. No. 1816-09]
A. 
The application shall be made on forms provided by the Chief of Police and shall contain the following information:
(1) 
The name, address and telephone number of the person seeking to conduct the parade. If the parade is to be conducted for, by or on behalf of an organization, the name, address and telephone number of the headquarters of the organization shall be required.
(2) 
The name, address and telephone number of the person who shall be parade chairman, if other than the applicant, and who shall be responsible for the conduct of the parade.
(3) 
The date on which the parade is to be conducted.
(4) 
The starting point, route to be traveled and termination point of the parade.
(5) 
The approximate number of persons, animals and vehicles which shall make up the parade, together with information as to the type of animals and a description of the vehicles.
(6) 
The hours when the parade shall start and terminate.
(7) 
A statement as to whether the parade shall occupy all or only a portion of the width of the streets proposed to be traversed.
(8) 
The location, by streets, of any assembly areas for the parade and the time at which units of the parade shall begin to assemble at any such areas.
(9) 
Any additional information which the Chief of Police may find reasonably necessary to make a fair determination whether a permit should be issued.
B. 
If the parade is designed to be held by, on behalf of or for any person other than the applicant, the applicant shall file with the Chief of Police a statement in writing from the person proposing to hold the parade authorizing the applicant to apply for a permit on his behalf.
C. 
Application for flag-raising permit. The application shall be made to the City Clerk on the form provided and shall contain the following information:
[Added 11-24-2009 by Ord. No. 1816-09]
(1) 
The name, address and telephone number of the person seeking to conduct the flag-raising ceremony. If the flag raising is to be conducted by or on behalf of an organization, the name, address and telephone number of the headquarters of the organization shall be required.
(2) 
The name, address and telephone number of the person who shall be in charge of and responsible for the conduct of the flag raising, if other than the applicant.
(3) 
The date and time of the flag-raising ceremony, which must begin no later than 10:00 a.m. The flag shall remain raised for no longer than a week if there are no other approved requests for flag-raising ceremonies.
(4) 
The approximate number of persons who will attend the ceremony.
(5) 
Any other information which may be necessary to determine if the permit should be granted.
(6) 
If the flag raising is designed to be held by, on behalf of or for any person other than the applicant, the applicant shall file with the Clerk a statement, signed by the person proposing to hold the flag raising, authorizing the applicant to apply for the permit on his behalf.
A. 
The Chief of Police, before a permit shall be issued, shall determine, as a result of considering the information in the application and any other information which he may otherwise obtain, that:
(1) 
The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route.
(2) 
The conduct of the parade will not prevent orderly police, fire and ambulance service to the City and its residents.
(3) 
The conduct of the parade is not likely to cause injury to persons or property, to provoke disorderly conduct or to create a disturbance.
(4) 
The movement of the parade from its point of origin to its point of destination will be accomplished expeditiously and without unreasonable delay in route.
B. 
The City Council shall, upon the recommendation of the Chief of Police, approve or disapprove of all applications. The applicant shall be notified of the decision within three days after the application is filed. If an application is denied, the Chief of Police shall be empowered to authorize the conduct of the parade on a date, at a time or over a route different from that set forth in the application. An applicant desiring to accept such an alternate permit shall, within one day after the notice, file a written notice of acceptance with the Chief of Police. An alternate permit shall conform to the requirements and shall have the effect of a parade permit issued under this chapter.
C. 
The City Clerk, before a permit shall be issued, shall determine, as a result of considering the information in the application and any other information obtained, that:
[Added 11-24-2009 by Ord. No. 1816-09]
(1) 
The application was filed timely and in accordance with this chapter.
(2) 
There is no conflicting request to raise a flag on the same date and at the same time.
D. 
The City Council shall, upon recommendation of the City Clerk, approve or disapprove of all applications. The applicant shall be notified of the Council decision within three days of the Council action. If the application is denied due to a conflicting flag-raising event, the applicant can amend the application to change the date and time. All applications shall be considered on a first-come-first-served basis.
[Added 11-24-2009 by Ord. No. 1816-09]
A. 
Immediately upon the issuance of a parade permit, the Chief of Police shall send a copy of the permit to:
(1) 
The Mayor and Council.
(2) 
The City Attorney.
(3) 
The Chief of the Fire Department.
(4) 
The general manager or other responsible official of any public transportation utility, the regular vehicle routes of whom will be affected by the route of the proposed parade.
B. 
Once a flag-raising permit is issued, the City Clerk shall send a copy of the permit to:
[Added 11-24-2009 by Ord. No. 1816-09]
(1) 
The Chief of Police.
(2) 
The Superintendent of Public Works.
[Amended 11-24-2009 by Ord. No. 1816-09]
Any person issued a permit under this chapter shall comply with all permit directions and conditions and with all applicable laws and ordinances. The parade chairman or other person leading the permitted activity shall carry the parade permit on his person during the conduct of the parade. Any person issued a permit to have a flag-raising ceremony under this chapter shall comply with all of the permit conditions and with all applicable laws and ordinances.
A. 
Interference. No person shall unreasonably hamper, obstruct, 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 a vehicle shall drive between the vehicles or persons comprising a parade when those vehicles or persons are in motion and are conspicuously designated as a parade.