Atlantic City, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Atlantic City 10-23-1991 by Ord. No. 80-1991.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance repealed former Art. I, Assembling and Parading, adopted 12-6-1923 by Ord. No. 66-1923, as amended, and superseded former Art. II, Masks and Hidden Identity, adopted 12-6-1923 by Ord. No. 67-1923, as amended.

§ 197-1 Definitions.

The following words, as used herein, shall have the definitions and meanings set forth herein:
MOTORCADE
An organized procession containing 10 or more vehicles, except funeral processions, upon any public street, boardwalk, sidewalk or alley.
PARADE
Any march or procession consisting of 25 or more people and animals or vehicles, or combination thereof, except funeral processions, upon any public street, boardwalk, sidewalk or alley, which does not comply with normal and usual traffic regulations or controls.
PERMIT
It shall be unlawful for any person to conduct a parade or motorcade in or upon any public street, boardwalk, sidewalk or alley in the city or knowingly participate in any such parade or motorcade unless and until a permit to conduct such parade or motorcade has been obtained from the Business Administrator or his designee or, as is hereinafter provided, from the City Council.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.

§ 197-2 Permit required.

No person shall hold, conduct or engage in any parade unless a parade permit shall have first been obtained from the Business Administrator or his designee by the organizers of said parade or the corporate officers of the corporation for whose benefit the parade is being organized.

§ 197-3 Exceptions.

No person shall engage in, participate in, aid, form or start any parade, unless a parade permit shall have been obtained from the Business Administrator or his designee, with the exception of the following:
A. 
Funeral processions.
B. 
Students going to and from school classes or participating in educational activities, provided that such conduct is under the immediate direction and supervision of the proper school authorities.
C. 
A government agency acting within the scope of its functions.

§ 197-4 Application.

A. 
A person seeking issuance of a parade permit shall file an application with the Business Administrator or his designee on forms provided by such officer.
B. 
Filing period. An application for a parade permit shall be filed with the Business Administrator or his designee not less than 30 days nor more than 60 days before the date on which it is proposed to conduct the parade.
C. 
Contents. 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 chairman 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, animals and vehicles constituting such parade; the type of animals and a description of the vehicles.
(7) 
The hours when such parade will start and terminate.
(8) 
The location by streets of any assembly area or areas for such parade.
(9) 
The time at which units of the parade will begin to assemble at any such assembly area or areas.
(10) 
Any additional information which the Business Administrator or his designee may find reasonably necessary to a fair determination as to whether a permit should be issued.

§ 197-5 Fees.

[Amended 9-7-2011 by Ord. No. 48-2011]
A. 
There shall be a charge of $5 for each permit issued by the Business Administrator or his designee, which money shall be used by the city to cover the expenses attached to the regulating and issuing of said permit.
B. 
Sandcastle Stadium.
(1) 
The fee schedule for the rental of Sandcastle Stadium is as follows:
[Amended 3-2-2016 by Ord. No. 6-2016]
Number of Attendees
Cost
Under 1,000
$2,500
1,000 to 3,500
$3,750
3,500 to 5,000
$6,250
(2) 
Additional seating. For infield seating, plus field covering (tarp): $3,000; plus 10% of ticket sales or 25% of live gate; insurance (based on type of event); plus cost of Police, Public Works.
(3) 
Nonprofits with 501(c)(3) will pay 50% of rental fees with Council approval.

§ 197-6 Standards for issuance.

The Business Administrator or his designee shall issue a permit as provided for hereunder unless, from a consideration of the application and from such other information as may otherwise be obtained, he/she finds that:
A. 
The conduct of the parade will substantially interrupt the safe and orderly movement of other traffic contiguous to its route.
B. 
The conduct of the parade will require the diversion of so great a number of police officers of the city to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection to the city.
C. 
The conduct of such parade will require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the city other than that 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 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 interfere with the movement of fire-fighting equipment en route to a fire.
F. 
The parade is not scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route.
G. 
The parade is to be held for the sole purpose of advertising any product, goods or event, and is designed to be held purely for private profit.

§ 197-7 Masks or other devices unlawful.

[Amended 10-18-2017 by Ord. No. 28-2017]
A. 
No parade demonstration or assembly participants or attendees shall be permitted to carry or conceal any items characterized as weapons under the New Jersey Criminal Code, including, but not limited to, handguns, knives, sticks, rocks, aerosol sprays of any kind, brass knuckles or martial arts equipment, riot gear, or body armor.
B. 
Only persons authorized by New Jersey law to carry concealed and nonconcealed weapons are exempted from the provisions of Subsection A.
C. 
Incendiary devices are prohibited for use during parades, assemblies and demonstrations, with the exception of wax candles with a maximum size of one inch in diameter and a maximum length of eight inches. Incendiary devices in any form are specifically prohibited for parade, assemblies and demonstrations on the Boardwalk.
D. 
Parade, demonstration or assembly participants and attendees are prohibited from carrying glass or plastic bottles during the assembly. The use of plastic or paper cups for liquids is permitted.

§ 197-8 Time limit for action on application.

The Business Administrator or his designee shall act upon the application for a parade permit within 10 days after the filing thereof. If the Business Administrator or his designee disapproves of the application, he/she shall mail the applicant within 15 days after the date upon which the application was filed a notice of his action, stating the reasons for his/her denial of the permit.

§ 197-9 Appeals.

Any applicant aggrieved by the determination of the Business Administrator or his designee may appeal in writing to the City Council within five days after the date of the mailing of the notice of disapproval to the applicant by the Business Administrator or his designee. The City Council shall act upon any such appeal within 10 days after its receipt of the notice of such appeal.

§ 197-10 Alternate permits.

The Business Administrator or his designee, in denying an application for a 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, within five days after notice of the action of the Business Administrator or his designee, file a written notice of acceptance with the Business Administrator or his designee. An alternate parade permit shall conform to the requirements of, and shall have the effect of, a parade permit under this chapter.

§ 197-11 Notice of issuance.

Immediately upon the issuance of a parade permit, the Business Administrator or his designee shall send a copy thereof to the following:
A. 
The Mayor.
B. 
The Clerk's office/City Council.
C. 
The Business Administrator.
D. 
The Fire Chief.
E. 
The Chief of Police.
F. 
The Public Relations office.
G. 
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.

§ 197-12 Duties of permittee.

A. 
Possession of permit. The parade chairperson or other person heading or leading such activity shall carry the parade permit upon his/her person during the conduct of the parade.
B. 
Compliance with applicable ordinances. The issuance of a permit shall not void or waive compliance with any and all applicable ordinances of the City of Atlantic City, including, without limitation, § 121-28 of the Code of the City of Atlantic City.
C. 
Permittees must ensure that all flags, banners and signs are to be handheld only. Prop devices such as pipes, sticks or boards are prohibited. Participants are permitted to have small handheld flags not to exceed 1/4 inch in diameter with flag dimensions not to exceed 18 inches by 18 inches.
[Added 10-18-2017 by Ord. No. 28-2017]
D. 
Musical ensembles participating in a parade or assembly are exempt from the provisions of Subsection C. Musical ensembles are required to secure their instruments and displays immediately following the parade or assembly.
[Added 10-18-2017 by Ord. No. 28-2017]
E. 
Permittees are to ensure that any and all motorized vehicles participating in a parade or assembly on the Boardwalk must be equipped with a governor to control speed not to exceed five miles per hour.
[Added 10-18-2017 by Ord. No. 28-2017]

§ 197-13 Public conduct during parade.

A. 
Interference. No person shall unreasonably hamper, obstruct or 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 parades. No driver of a vehicle shall drive between the vehicles or persons comprising a parade when such vehicles or persons are in motion and are conspicuously designated as a parade.
C. 
Parking on parade route. 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.

§ 197-14 Revocation of permit.

The Business Administrator or his designee shall have the authority to revoke a parade permit issued hereunder upon violation of the standards for issuance as herein set forth.

§ 197-15 Violations and penalties.

[Amended 11-25-2008 by Ord. No. 104]
Any person or persons who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $2,000 or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.