[HISTORY: Adopted by the Board of Commissioners (now Council) of
the Town (now Township) of Montclair 4-15-1980 by Ord.
No. 80-12 as Ch. 158 of the 1979 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
The Chief of Police of the Township of Montclair.
The Director of the Department of Public Safety of the Township of
Montclair.
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 Township of Montclair. "Parade," as used herein shall
also be deemed to include block parties wherein public streets are closed
off to allow residents to congregate upon the public way for neighborhood
and community purposes.
[Amended 7-31-1984 by Ord. No. 84-28]
A permit as required by this chapter.
Any person, firm, partnership, association, corporation, company
or organization of any kind.
A.
A person seeking issuance of a parade permit shall file
an application with the Chief of Police on forms provided by such officer.
B.
An application for a parade permit shall be filed with
the Chief of Police not less than seven nor more than 30 days before the date
on which it is proposed to conduct the parade.
C.
The application for a parade permit shall set forth the
following information:
(1)
The name, address and telephone number of the person
seeking to conduct such parade.
(2)
If the parade is proposed to be conducted for, on behalf
of or by an organization, the name, address and telephone number of the headquarters
of the organization and of the authorized and responsible heads of such organization.
(3)
The name, address and telephone number of the person
who will be the parade chairperson and who will be responsible for its conduct.
(4)
The date when the parade is to be conducted.
(5)
The route to be traveled, the starting point and the
termination point.
(6)
The approximate number of persons who, and animals and
vehicles which, will constitute such parade; the type of animals and description
of the vehicles.
(7)
The hours when such parade will start and terminate.
(8)
A statement as to whether the parade will occupy all
or only a portion of the width of the streets proposed to be traversed.
(9)
The location by streets of any assembly areas for such
parade.
(10)
The time at which units of the parade will begin to assemble
at any such assembly area or areas.
(11)
The interval of space to be maintained between units
of such parade.
(12)
If the parade is designed to be held by and 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 parade, authorizing the applicant to apply for the permit
on his or her behalf.
(13)
Any additional information which the Director shall find
reasonably necessary to a fair determination as to whether a permit should
issue.
D.
If the parade will use or traverse any state or county
road or highway within the Township of Montclair, the application shall be
accompanied by a written consent or other written authorization to hold such
parade on the date and at the time requested, issued by the public agency
or body having jurisdiction and control over said road or highway.
E.
The Director, where good cause is shown therefor, shall
have the authority to consider any application hereunder which is filed less
than seven days before the date such parade is proposed to be conducted.
The Director shall issue a permit as provided for hereunder when, from
a consideration of the application and from such other information as may
otherwise be obtained, he or she finds that:
A.
The conduct of the parade will not substantially interrupt
the safe and orderly movement of other traffic contiguous to its route.
B.
The conduct of the parade will not require 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 as to prevent normal
police protection to the Township.
C.
The conduct of such parade will not require the diversion
of so great a number of ambulances as to prevent normal ambulance service
to portions of the Township other than those to be occupied by the proposed
line of march and areas contiguous thereto.
D.
The concentration of persons, animals and vehicles at
assembly points of the parade will not unduly interfere with proper fire and
police protection of or ambulance service to areas contiguous to such assembly
areas.
E.
The conduct of such parade will not interfere with the
movement of fire-fighting equipment en route to a fire.
G.
The parade is scheduled to move from point of origin
to its point of termination expeditiously and without unreasonable delays
en route.
H.
The parade is not to be held for the sole purpose of
advertising any product, goods or event and is not designed to be held purely
for private profit.
If the application shall be disapproved, the Director shall give written
notice thereof to the applicant, by mail, setting forth the reasons for the
denial of the permit.
Any person aggrieved shall have the right to appeal the denial of a
parade permit to the Township Council. The appeal shall be taken within five
days after notice of the denial.
The Director, in denying an application for a parade permit, shall be
empowered to authorize the conduct of the parade on a date, at a time or over
a route different from that named by the applicant. An applicant desiring
to accept an alternate permit shall file a written notice of acceptance with
the Chief of Police at least two days prior to the date when the parade is
to be conducted. An alternate parade permit shall conform to the requirements
of, and shall have the effect of, a parade permit under this chapter.
Immediately upon the issuance of a parade permit, notice thereof shall
be forwarded by the Chief of Police to the following:
A.
The Mayor.
B.
The Township Attorney.
C.
The Fire Chief.
D.
The Director of Community Services.
[Amended 6-15-2004 by Ord. No. 04-34]
E.
The general manager or responsible head of each public
transportation utility, the regular routes of whose vehicles will be affected
by the route of the proposed parade.
Each parade permit shall state the following information:
A.
Starting time.
B.
Minimum speed.
C.
Maximum speed.
D.
Maximum interval of space to be maintained between the
units of the parade.
E.
The portions of the streets to be traversed that may
be occupied by the parade.
F.
The maximum length of the parade in miles or fractions
thereof.
G.
Such other information as the Director shall find necessary
to the enforcement of this chapter.
A.
No person shall unreasonably hamper, obstruct, impede
or interfere with any lawful parade or parade assembly or with any person,
vehicle or animal participating or used in a parade.
B.
No driver of a vehicle shall drive between the vehicles
or persons comprising a lawful parade when such vehicles or persons are in
motion and are conspicuously designated as a parade.
C.
The Chief of Police shall have the authority, when reasonably
necessary, to prohibit or restrict the parking of vehicles along a highway
or part thereof constituting a part of the route of a parade. The Chief of
Police shall post signs to such effect, and it shall be unlawful for any person
to park or leave unattended any vehicle in violation thereof. No person shall
be liable for parking on a street unposted in violation of this chapter.[1]
The Director shall have the authority to revoke a parade permit issued
hereunder upon application of the standards for issuance as herein set forth.
The person to whom the permit has been issued shall be granted a hearing by
the Director upon request of said person.
[Amended 5-23-2000 by Ord. No. 00-19; 4-10-2007
by Ord. No. 07-17]
Any person who violates any provision of this chapter shall, upon conviction
thereof, be punished by a fine not exceeding $2,000, imprisonment in the county/municipal
jail for a term not exceeding 90 days, or a period of community service not
exceeding 90 days, or any combination thereof as determined by the Municipal
Court Judge. Each day on which a violation of an ordinance exists shall be
considered a separate and distinct violation and shall be subject to imposition
of a separate penalty for each day of the violation as the Municipal Court
Judge may determine.