Montclair Municipal Code Ch. 9.04 Public Assemblies

Except as otherwise provided in this chapter, for the purposes of this chapter "public assembly" means any public meeting, assembly, parade, march, ceremony, show, exhibition, pageant, or similar gathering of persons in any room, hall, building, tent, park, street, or other place in the City when such gathering involves in excess of 100 persons.

(Prior code § 4-6.01 (part))

The provisions of this chapter shall not apply to:

A. Public assemblies or gatherings regularly held or maintained by any recognized and established religious organization, lodge, order or society having established headquarters within the City. This exception shall not apply to special events held or sponsored by such organizations where such events tend to constitute a danger to the public peace, health or safety as determined by the Chief of Police pursuant to the provisions of Section 9.04.050(A) of this chapter;

B. Funeral processions;

C. A governmental agency acting within the scope of its functions; and

D. School activities, provided such conduct is under the immediate direction and supervision of the proper school authorities, except where such events tend to constitute a danger to the public peace, health or safety as determined by the Chief of Police pursuant to the provisions of Section 9.04.050(A) of this chapter.

(Prior code § 4-6.01 (part))

It is unlawful for any person to hold, maintain, form or start any public assembly without first applying for and obtaining a permit from the Finance Division.

(Ord. 99-791 Exh. A (part); prior code § 4-6.02)

Such application shall be in writing, stating the name and address of the applicant, the place where such assembly is to be held, the estimated number of persons to be present, the purpose of the assembly, and any additional information which the Chief of Police shall find reasonably necessary to make a fair determination as to whether a permit shall be issued.

(Ord. 99-791 Exh. A (part); prior code § 4-6.03)

A. Standards for Issuance. The Chief of Police shall issue a permit when he/she finds, after receiving the application and from such other information as may otherwise be obtained, the following:

1. Such assembly will not endanger the public peace, health or safety; and

2. Such assembly will not substantially interrupt the safe and orderly movement of traffic in the area; and

3. Such assembly will not require the diversion of so great a number of police officers of the City so that it would prevent normal police protection to the City; and

4. Such assembly will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such assembly areas.

B. Denial of Permit. If the Chief of Police does not find all the terms and conditions of subsection A of this section to exist, he/she shall deny the permit and mail or personally deliver to the applicant, within 10 days after the date upon which the application was filed, a notice of his/her action, stating the reasons for his/her denial of the permit. Such denial shall become effective 10 days after Notice of Denial is mailed or delivered pursuant to this section.

C. Form of Permit. A permit issued hereunder shall be in writing and for a definite time, period and place.

(Ord. 99-791 Exh. A (part); prior code § 4-6.04)

If the Chief of Police determines that such assembly will endanger the public peace, health or safety unless the applicant obtains extra police protection, the Chief of Police shall require the applicant to obtain extra police protection as a condition for the issuance of a permit. If such extra protection is required, the Chief of Police shall calculate the amount of moneys necessary to reimburse to the City the cost of furnishing regular or reserve police officers and equipment for that purpose, including, but not limited to, salaries, social security, liability, and State compensation insurance. Such sum of moneys shall then be paid by the applicant to the City Treasurer prior to the issuance of the permit.

(Prior code § 4-6.05)

Any applicant aggrieved by any decision of the Chief of Police under this chapter shall have the right to appeal the same to the City Council. Such appeal shall be made within 10 days after the mailing or delivery of the Notice of Denial from the Chief of Police, pursuant to Section 9.04.050 of this chapter entitled "Permit issuance and denial." The appeal shall be in writing and shall be filed with the City Clerk. The appeal shall particularly state wherein the Chief of Police erred or failed to conform to the provisions of this chapter. The City Council shall act upon the appeal within 20 days after its filing. The decision of the City Council shall be final.

(Ord. 99-791 Exh. A (part): prior code § 4-6.06)

The requirements of this chapter shall be in addition to other applicable provisions of this Code relating to particular businesses, activities or uses.

(Prior code § 4-6.07)