Township of Montclair, NJ Chapter 222 Parades and Processions

[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.]

GENERAL REFERENCES

Disorderly conduct — See Ch. 127.

Vehicles and traffic — See Ch. 327.

§ 222-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

CHIEF OF POLICE

The Chief of Police of the Township of Montclair.

DIRECTOR

The Director of the Department of Public Safety of the Township of Montclair.

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 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]

PARADE PERMIT

A permit as required by this chapter.

PERSON

Any person, firm, partnership, association, corporation, company or organization of any kind.

§ 222-2 Permit required; exceptions.

A. No person shall engage in, participate in, aid, form or start any parade unless a parade permit shall have been obtained from the Director of the Department of Public Safety.

B. This chapter shall not apply to:

(1) Funeral processions.

(2) 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.

(3) A governmental agency acting within the scope of its functions.

§ 222-3 Application for permit.

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.

§ 222-4 Conditions for issuance of permit.

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.

F. The conduct of the parade is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or create a disturbance.[1]

[1] Editor's Note: See Ch. 127, Disorderly conduct.

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.

§ 222-5 Disapproval of application.

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.

§ 222-6 Appeals.

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.

§ 222-7 Alternate parade permits.

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.

§ 222-8 Persons to be notified of parade.

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.

§ 222-9 Contents of permit.

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.

§ 222-10 Compliance with conditions; possession of permit.

A. A permittee hereunder shall comply with all permit directions and conditions and with all applicable laws and ordinances.

B. The parade chairperson or other person heading or leading such activity shall carry the parade permit upon his or her person during the conduct of the parade.

§ 222-11 Hampering or obstructing parade.

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]

[1] Editor's Note: See Ch. 327, Vehicles and Traffic.

§ 222-12 Revocation of permit.

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.

§ 222-13 Violations and penalties.

[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.