[HISTORY: Adopted by the Mayor and Council of the Borough
of Red Bank by Ord. No. 1998-16 (Sec. 4-11 of the 1987 Revised General Ordinances). Amendments
noted where applicable.]
GENERAL REFERENCES
Curfew — See Ch. 308.
As used in this chapter, the following terms shall have the
meanings indicated:
The Chief of Police of the Borough of Red Bank.
Any individual, firm, partnership, association, corporation,
company or organization of any kind.
Any parade, march, block party, walkathon, bikeathon, organized
foot race, ceremony, show, exhibition, pageant, procession of any
kind or any similar display in or upon any street, sidewalk, public
park or other public place in the Borough, which assembly is of such
a nature as to be likely to substantially interfere with normal vehicular
or pedestrian traffic.
A permit as required by this chapter.
[Amended by Ord. No. 2001-9]
No person or organization of any kind or class shall engage
in, participate in, aid, form or start any public assembly unless
a public assembly permit shall have been obtained from the Chief of
Police. This section shall not apply to:
A.
Funeral processions;
B.
Students going to and from school classes or participating in educational
and extracurricular activities, provided such conduct is under the
immediate direction and supervision of the proper school authorities;
C.
A governmental agency acting within the scope of its functions.
D.
Spontaneous gatherings of persons for purposes of expression of noncommercial
speech which do not interfere with normal vehicular or pedestrian
traffic.
E.
Organized public assemblies which do not interfere with normal vehicular
or pedestrian traffic.
Any person desiring a public assembly permit shall file an application
with the Chief of Police on forms provided by the Chief's office.
There shall be no application fee. It is requested that applications
be filed not less than 20 days before the date on which the public
assembly is to be conducted. The Chief of Police shall, however, also
consider applications which are filed less than 20 days before the
date on which the public assembly is to be conducted. The application
shall contain the following:
A.
The name, address and telephone number of the person seeking to conduct
such public assembly.
B.
If the public assembly is to be conducted for or on behalf of any
organization, the name, address, and telephone number of the authorized
and responsible leaders of the organization, together with the address
and telephone number of the headquarters of the organization.
C.
The name, address and telephone number of the public assembly chairperson
or the person personally responsible for the conduct of the public
assembly.
D.
The date when the public assembly is to be conducted.
E.
The route to be traveled, including the starting point and the termination
point, together with all streets, sidewalks, parks or other public
places to be traversed during the public assembly.
F.
The approximate number of persons who will constitute or partake,
and if animals will be included in the public assembly or line of
march then the specific type of animal, whether domestic or wild,
and the number and description of the motor vehicles or any other
type vehicle expected to be used in the public assembly.
G.
The number of monitors to be provided and the identifying marks,
badges or symbols to be worn or used by the monitors.
H.
The hours when the public assembly will start and terminate.
I.
Whether the public assembly will occupy all or only a portion of
the width of the streets, sidewalks, parks or other public places
to be traversed. If yes, describe in detail the specific streets,
sidewalks, parks or other public areas and locations.
J.
The time at which the public assembly will begin to assemble at the
assembly areas designated above.
K.
The interval of space to be maintained between each unit of the public
assembly.
L.
If the public assembly is being held by, 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 public assembly, authorizing the applicant
to apply for the permit on behalf of the person holding the public
assembly.
M.
Insurance information.
N.
A statement of the purpose of the public assembly.
O.
Any additional information which the Chief of Police may find reasonable
for a fair determination as to whether a permit should be issued.
A.
Standards. The Chief of Police shall order that a permit be issued
after consideration of the application, if he determines that:
(1)
The conduct of the public assembly will not substantially interrupt
the safe and orderly movement of traffic contiguous to the route of
the public assembly.
(2)
The conduct of the public assembly will not require the diversion
of so great a number of the police officers of the Borough to properly
police the public assembly and contiguous area so as to prevent normal
police protection of the Borough.
(3)
The concentration of persons, animals and vehicles at assembly points
of the public assembly will not unduly interfere with the proper fire
and police protection or ambulance service to areas contiguous to
the assembly areas.
(4)
The conduct of the public assembly will not interfere with the movement
of firefighting, first aid or other safety vehicles so as to interfere
with normal fire protection, ambulance service or other safety services
in the Borough.
(5)
The public assembly is scheduled to move from its point of origin
to its point of termination expeditiously and without unreasonable
delays en route.
(6)
The public assembly is not held for the sole purpose of advertising
any product, goods or event, and is not designed to be held purely
for private profit.
B.
Contents of permit. Each permit shall state the following information:
(1)
Starting time.
(2)
Minimal speed.
(3)
Maximum speed.
(4)
Maximum interval of space to be maintained between the units of the
public assembly.
(5)
The portions of the public property to be traversed or which may
be occupied by the public assembly.
(6)
The maximum length of the public assembly in miles or fraction thereof.
(7)
Such other conditions as the Chief of Police shall find necessary
to reduce or minimize dangers and hazards to vehicular and pedestrian
traffic and the public health, safety and welfare.
If the application shall be disapproved, the Chief of Police
shall give written notice thereof to the Borough Clerk and applicant
setting forth the reasons for the denial of the permit.
The Chief of Police shall notify the applicant for a public
assembly permit of his decision on such application within 24 hours
of the time that the application was filed.
A.
The Chief of Police, in denying an application for a public assembly
permit, shall be empowered to authorize the conduct of the public
assembly on a date, at a time or over a route different from that
named by the applicant. If the applicant desires to accept the alternate
permit, he shall notify the Chief of Police by written notice of acceptance,
at least five days prior to the date when the public assembly is to
be conducted. An alternate public assembly permit shall conform to
the requirements of, and shall have the effect of, a public assembly
permit.
B.
The Chief of Police shall not approve more than one public assembly
permit for any one twenty-four-hour period. When there is more than
one public assembly application for the same date, the application
received first will be granted the permit, provided all the conditions
of this section are met.
Immediately following the issuance of a public assembly permit,
the Chief of Police shall send a copy thereof to the following:
Any permittee under this chapter shall comply with all permit
directions and conditions and with all applicable laws and ordinances
of the Borough.
A.
Insurance. The applicant, prior to any permit becoming effective,
shall procure and maintain for the permitted public assembly an insurance
policy with not less than $1,000,000 combined single limit for bodily
injury and property damage as well as automobile public liability
(if applicable) and property damage insurance with limits in amounts
not less than $1,000,000 for bodily injury and $500,000 for property
damage. The comprehensive general liability policy shall include the
Borough of Red Bank as an additional insured. The applicant shall
provide the Borough Clerk with certificates evidencing the required
insurance coverage at least three working days prior to the date of
the parade, and said insurance may not be canceled or altered without
written consent of the Borough.
B.
Exceptions. If the applicant is a nonprofit organization or a group
of individuals and the person or organization represents in the application
that is unable to obtain such insurance, the insurance requirements
shall be waived.
The public assembly chairperson or other such person in charge
of or leading the activity shall carry the public assembly permit
upon his person during the conduct of the public assembly.
A.
Interference. No person shall unreasonably hamper, obstruct or impede
any public assembly or any person, vehicle or animal participating
or being used in the public assembly.
B.
Driving through public assembly. No person shall drive a motor vehicle
between the vehicles or persons participating in any public assembly
when the vehicles or persons are in motion and are conspicuously designated
as a public assembly.
C.
Parking on public assembly route. The Chief of Police shall have
the authority, when reasonably necessary, to prohibit or restrict
the parking of vehicles along any road or part thereof constituting
part of a route of a public assembly. The Chief of Police shall post
signs to such effect, and no person shall park or leave unattended
any vehicle. This section shall be effective only upon posting of
proper signs.
Any person, firm or corporation that shall be convicted of a violation of any provision of this chapter shall, upon conviction thereof by any court authorized by law to hear and determine the matter, be subject to the penalties provided in Chapter 1, General Provisions, Article II, General Penalty. Each day that such violation exists shall constitute a separate offense.
