[HISTORY: Adopted by the Township Committee of the Township of Lumberton 2-18-1997 by Ord. No. 1997-3. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- BLOCK PARTIES
- Any gathering of 25 or more persons which requests road closures
that may interfere with the normal flow of pedestrian or vehicular traffic.[Added 10-16-2006 by Ord. No. 2006-16]
- Any parade, march, ceremony, show, exhibition, pageant, assembly or procession of any kind or any similar display in or upon any street, park or other public place in the township.
- PUBLIC ASSEMBLIES
- Any meeting, demonstration, picket line, rally or gathering of more
than 25 persons for a common purpose as a result of prior planning that interferes
with or has a tendency to interfere with the normal flow or regulation of
pedestrian or vehicular traffic or occupies any public area in a place open
to the general public, regardless of whether an admission fee is charged.[Amended 6-21-1999 by Ord. No. 1999-10; 10-16-2006 by Ord. No. 2006-16]
No person shall engage in, participate in, aid, form or start any parade or public assembly unless a permit shall have been first obtained from the Township Clerk. This section shall not apply to funeral processions or wedding processions; students going to and from school classes or participating in education activities under the immediate direction and supervision of the proper school authorities; or a governmental agency acting within the scope of its functions. Also excepted from inclusion in this section are spontaneous events occasioned by news or affairs coming into public knowledge within three days of such public assembly, provided that the organizer thereof gives written notice to the township at least 24 hours prior to such parade or public assembly.
[Amended 10-16-2006 by Ord. No. 2006-16]
A person seeking issuance of a parade, public assembly, or block party permit shall file an application with the office of the Township Clerk not less than 30 nor more than 45 days before the date on which it is proposed to conduct said event. The application shall set forth the following:
The name, address and telephone number of the person seeking to conduct the event.
The name and address of the record owner of the subject property or properties and the nature and interest of the applicant therein; the proposed dates and hours of such assembly; the expected maximum number of persons intended to use the property at one time and collectively; and the purpose of the function, including the nature of activities to be carried on and the admission fee to be charged, if any.
A map showing the size of the property; the zoning district in which it is located; the streets or highways abutting said property; and the size and location of any existing building, buildings or structures or of any proposed building, buildings or structures to be erected for the purpose of the assembly.
A plan or drawing showing the method to be used for the disposal of sanitary sewage.
A plan or drawing showing the layout of any parking area for automobiles and other vehicles and the means of ingress and egress to such parking area. Such parking area shall provide one parking space for every four persons in attendance.
The method of disposing of any garbage, trash, rubbish or other refuse arising therefrom.
If a person other than the person applying for the permit will be engaged in the sale or distribution of food and beverage, the name and address of such person shall be submitted.
A statement specifying whether any private security guards or police will be engaged and, if so, the number thereof and the duties to be performed by such persons.
A statement specifying the precautions to be utilized for fire protection and a map specifying the location of fire lands and water supply for fire control.
A statement specifying the facilities to be available for emergency of any person who might require immediate medical or nursing attention.
The following additional information will be required for a parade permit:
The route to be traveled, the starting and termination point.
The approximate number of persons who, and vehicles which, will constitute the parade and the description of the type of vehicles.
A statement as to whether the parade will occupy all or only a portion of the width of the streets proposed to be traversed.
The location, by streets, of any assembly area for the parade.
The time at which units of the parade will begin to assemble at the assembly area or areas.
Any additional information which the Township Clerk shall find reasonably necessary to a fair determination as to whether a permit should be issued.
[Amended 10-16-2006 by Ord. No. 2006-16]
The fee for a parade, public assembly or block party shall be $50 for those events in excess of 200 people. The fee for events with up to 200 people shall be $25. Events with less than 100 persons may request a fee waiver from the Township Committee.
Immediately upon the filing of an application for a parade permit, the Township Clerk shall send a notice thereof to the members of the Township Committee, Chief of Police, Fire Official and any other person he/she deems appropriate, including with the notice a copy of the application and the date scheduled for a public hearing on the permit.
Editor's Note: Former Subsections B and C, pertaining to public hearing conditions, which immediately followed this subsection, were deleted 10-16-2006 by Ord. No. 2006-16.
[Amended 10-16-2006 by Ord. No. 2006-16]
Upon conclusion of a review of the submitted application, the Township Clerk shall determine, after a consideration of the application and from such other information as may be requested from the applicant, whether or not a permit should be issued, taking into account the following factors:
The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route.
The public assembly or parade is not of a size or nature that requires the diversion of so great a number of police officers of the township to properly police the line of movement and the areas contiguous thereto that allowing the event would deny reasonable police protection to the township.
The conduct of the public assembly or parade will not require the diversion of so great a number of ambulances so as to prevent normal ambulance and emergency squad service to other portions of the township.
The concentration of persons or vehicles at assembly points of the public assembly or parade will not unduly interfere with proper fire and police protection of areas contiguous to the assembly areas.
The conduct of the public assembly or parade will not interfere with the movement of fire-fighting equipment en route to a fire.
The conduct of the public assembly or parade is not reasonably likely to cause injury to persons or property.
The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route.
After considering the above criteria, if the Township Clerk deems the specifics of the application to be inadvisable, then he or she may authorize the conduct of the parade or public assembly at a date, time, location or route different from that named by the applicant. An applicant desiring to accept the alternate permit shall, within five days after notice of the action of the Township Clerk, file a written notice of acceptance with the Township Clerk.
The Township Clerk shall uniformly consider each application upon its merits and shall not discriminate in granting or denying permits under this section upon political, religious, ethnic, race, disability, sexual orientation or gender-related grounds.
[Amended 10-16-2006 by Ord. No. 2006-16]
The Township Clerk shall forthwith notify the applicant of his or her decision whether or not to grant a permit. If the permit is to be denied, a written resolution setting forth the reasons for said denial shall be shed to the applicant. If the permit is to be granted, a permit containing the following information shall be forwarded to the applicant:
Maximum interval of space to be maintained between the units of a parade.
The portions of the street to be traversed that may be occupied by the parade.
The maximum length of the parade in miles or fraction thereof.
The number of persons required to monitor the parade or public assembly.
The number and type of vehicles, if any.
That the permittee advise all participants in the public assembly or parade, either orally or by written notice, of the terms and conditions of the permit prior to the commencement of such parade or public assembly.
Such other requirements as are found to be reasonably necessary for the protection of persons or property.
A permittee hereunder shall comply with all permit directions and conditions and with all applicable laws and ordinances.
The Township Committee, at its discretion, may require the posting of a bond at the time of the issuance of a permit in an amount sufficient to cover the costs of any expenses incurred by the Township in regulating the parade or to provide compensation for any anticipated damage caused by the parade or public assembly. Said bond shall be posted in cash.
The Chairman or other person heading or leading such activity shall carry the parade permit upon his person during the conduct of the parade or public assembly.
The following standards for conduct shall be enforced by the Chief of Police of Lumberton Township during the parade or public assembly itself:
Interference. No person shall unreasonably hamper, obstruct, impede or interfere with any parade or public assembly or with any person or vehicle participating or used in the parade or public assembly.
Driving through parades. No driver of a vehicle shall drive between the vehicles or persons comprising a parade when these vehicles or persons are in motion and are conspicuously designated as a parade.
Parking. The Chief of Police shall have the authority, when reasonably necessary to prohibit or restrict the parking of vehicles along a parade or public assembly route. Signs shall be posted to that effect and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof.
The Township Clerk shall have the authority to revoke a permit issued hereunder upon the finding by him/her, without public hearing, that the standards of the permit have been violated by the permittee or when a public emergency arises such that the police resources required for that emergency are such that deployment of police services for the parade or public assembly would have an immediate and adverse effect upon the welfare and safety of persons or property.
It shall be unlawful for any person to stage, present or conduct any parade or public assembly without first having obtained a permit as herein provided.
It shall be unlawful for any person to participate in a parade or public assembly for which the person knows a permit has not been granted.
It shall be unlawful for any person in charge of or responsible for the conduct of a duly licensed parade or public assembly to knowingly fail to comply with any condition of the permit.
It shall be unlawful for any person to engage in any parade or public assembly activity that would constitute a substantial hazard to the public safety or that would materially interfere with or endanger the public peace or rights of residents to the quiet and peaceful enjoyment of their property.
It shall be unlawful for any person participating in any parade or public assembly to carry or possess any length of metal, lumber, wood or similar material for purposes of displaying a sign, poster, plaque or notice unless such object is 1/4 inch or less in thickness and two inches or less in width, or if not generally rectangular in shape, such object shall not exceed 3/4 inch in its thickest dimension unless waived by the Chief of Police.
It shall be unlawful for any person to carry any sign, poster, plaque or notice, whether or not mounted on a length of material as specified in Subsection E of this section, unless such sign, poster, plaque or notice is constructed or made of cloth, paper or cardboard material.
It shall be unlawful for any person participating in a parade or public assembly to utilize sound amplification equipment at decibel levels that exceed those limits imposed by Chapter 201 of the Code of the Township of Lumberton;
It shall be unlawful for any person to ride, drive or cause to be ridden or driven any animal or any animal-drawn vehicle in conjunction with any public event or parade upon any public street, unless specifically authorized by permit.
Maximum penalty. For violation of any provisions of this chapter, the maximum penalty, upon conviction, shall be a fine not exceeding $ 1,000 or imprisonment in the county jail for a term not exceeding 90 days or a period of community service not exceeding 90 days, or such combination of punishments as the Municipal Judge may, in his or her discretion, deem appropriate and just.
Separate violations. Each and every day in which a violation of any provision of this chapter exists shall constitute a separate violation.
Application. The maximum penalty stated in this section is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a minimal penalty or no penalty at all, may be appropriate for a particular case or violation, except in those instances where state law mandates a minimum penalty to be imposed.
Minimum penalty. There shall be a minimum penalty of a fine fixed at an amount not exceeding $100.
The Lumberton Township Police Department is the enforcement agent of this chapter.