[HISTORY: Adopted by the Township Council of the Township of Jefferson 5-21-1986 by Ord. No. 5-86 (Ch. 67 of the 1967 Code). Amendments noted where applicable.]
Disorderly conduct — See Ch. 198.
No person on or after the effective date of this chapter shall conduct or allow to be conducted any outdoor gathering as defined in this chapter without first obtaining a license therefor in compliance with the terms of this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
- OUTDOOR GATHERING
- A carnival, fair, circus, exhibition, show or similar activity conducted outdoors or within or about tents or other such contrivances within the Township of Jefferson. For the purposes of this chapter, the following activities shall not be considered "outdoor gatherings": sporting events and activities, picnics, educational programs and camping. Sales, pursuant to Chapter 380, Sales, Special, of the Township of Jefferson Municipal Code, are specifically excluded. This list is given by way of example, only as activities similar in nature shall also not be considered as "outdoor gatherings" subject to regulation.
- Any person, syndicate, association, partnership, firm, corporation, institution, agency, authority, department or other entity which is recognized by law as the subject of rights and duties.
A written application for a license hereunder shall be signed by the person, persons or parties conducting the event and filed, in triplicate, with the Clerk of the Township, accompanied by the fee payable hereunder.
The applicant shall set forth in the application for license the following information:
The names and addresses of the person or persons or, in the case of a corporation, the names and addresses of the president, vice president, secretary, treasurer and directors or trustees responsible for conducting or participating in the event.
The type of licensed event desired to be conducted and a statement of the purposes of such activity, whether for pecuniary profit or charitable purposes, and, if charitable, a statement of the charity or charities to be benefited.
The proposed location and the premises or portion thereof available for such event.
Whether the premises are owned by the applicant or, if not owned, the name and address of the lessor or licensor and the terms of the lease or license.
A designation of the premises or portion thereof, or other areas, intended to be used for the parking of automobiles, including a statement in square feet of the area to be devoted for this purpose.
A map or sketch showing the entire area sought to be licensed and delineating thereon the area to be used for the parking of automobiles, and further showing driveways or means of ingress to and egress from said premises and the names and addresses of all property owners adjoining the premises on which the event will be conducted and/or the area to be used for parking purposes.
If applicable, a statement of the number of persons to be engaged as performers in the event sought to be licensed.
A statement of the reasonable projected number of persons who are anticipated to watch, observe or attend the event sought to be licensed.
A statement of the locations where the applicant has promoted, operated or conducted similar events within the last five years.
A description of the existing or proposed additional sanitary and water facilities which shall be sufficient accommodate the number of persons reasonably projected to attend the event.
A plan for medical and similar facilities which the applicant intends to provide in view of the projected number of persons expected to attend the event.
Any approvals previously received by the Planning Board or Board of Adjustment for site plan or subdivision of the property and a list of all conditions of said approvals.
[Added 6-4-1997 by Ord. No. 9-97]
If alcohol is to be served, the applicant shall attach a copy of the one-day liquor permit or a copy of the application seeking said permit, as well as indicating the area to be licensed and control measures for consumption and sale. If the site is already an existing licensed facility, the applicant is to attach a diagram of the sale and consumption area.
[Added 6-4-1997 by Ord. No. 9-97]
The location of all containers for solid waste disposal which shall be adequate to meet the anticipated attendance of the event and the applicant shall further set forth the method of disposal for solid waste.
[Added 6-4-1997 by Ord. No. 9-97]
Annexed to such application shall be the written permission the record owner or owners of the premises intended to be used or, if the same are owned by the State of New Jersey, the County of Morris or another governmental unit, then the written permission of the officer or agent having authority to permit the use of such premises for the purposes stated above.
The applicant shall pay a nonrefundable application fee of $50 to the Clerk of the Township upon filing an application for a license as provided hereunder to compensate the Township for its expense in processing the application. The Township Council, upon application, shall have the right to waive all or any portion of the application fee for any charitable, nonprofit organization, quasi-governmental groups and associations, such as police, fire or civil defense organizations, and events sponsored by governmental units.
[Amended 12-5-2001 by Ord. No. 35-01]
The applicant shall submit to the Clerk of the Township with the application a written commitment from a responsible insurance company licensed to do business in the State of New Jersey, indicating that the applicant will be insured in the minimum amount for the following occurrences:
On account of liability for accidental injury to one person, insurance in the amount of $100,000.
On account of liability for accidental injury to two or more persons, insurance in the amount of $1,000,000.
For property damage to public property or private properties other than the site in question, insurance in the amount of $50,000.
Where it shall appear that the nature or size of the event or the existence of other applicable insurance will not reasonably require the limits hereinabove related, the Township Council may set lesser limits or accept such evidence of other insurance or financial responsibility as will reasonably afford protection to the participants of the event and the general public.
The Clerk of the Township shall, upon receipt of the application, refer a copy of the application promptly to Chief of Police and the Department of Health and Welfare. The Chief of Police and Department of Health and Welfare will conduct an investigation concerning the background of the applicant, the extent to which the proposed event may adversely affect the health, safety or welfare of the persons attending the event or the general public, the extent to which any additional police activity will be required, the adequacy of the proposed parking and traffic control plan, the adequacy of any structures which are to be used in connection with the event, the adequacy of provisions for sanitary facilities, water and dispensing of food and beverages and such other matters as may reasonably be required by the nature and size of the proposed event, or as may be directed by the Township Council.
The Chief of Police and Health Officer shall file reports with the Township Council.
The Township Council shall have the right to deny the permit, upon notification to the applicant, and the right to appear before the Township Council, if it is the consensus of opinion of the Council that the granting of a license to the applicant would adversely affect the safety, health and welfare of the inhabitants of the Township. The Township Council, in granting any license, may issue the license subject to such conditions as are reasonable and appropriate so as to ensure the health, safety and welfare of the persons anticipating to attend the event, as well as the general public.
The applicant shall be required to comply with the following minimum requirements as conditions for the issuance or maintenance of any license issued hereunder:
Adequate sanitary facilities must be provided which are sufficient to accommodate the projected number of persons expected to attend the event.
Medical or first aid facilities shall be provided which are sufficient to accommodate the projected number of persons expected to attend the event.
A parking and traffic control plan for the number of persons projected to attend the event must be formulated, which plan must be sufficient to ensure a free flow of traffic and make available rapid access for emergency vehicles. Further, the applicant shall provide adequate off-street parking facilities on the site or within 1,500 feet thereof to accommodate the projected number of persons expected to attend the event.
If the event is to be conducted outdoors and involves the amplification of sound, the location of the performance shall be at least 1,500 feet from the nearest residential dwelling and applicant shall obtain a variance from the provisions of Chapter 321, Noise, of the Jefferson Township Municipal Ordinances, if necessary.
[Amended 6-4-1997 by Ord. No. 9-97]
The applicant shall be required to comply with such other conditions as shall be imposed by the Township Council upon the issuance of a license after receiving those reports provided for herein, which such conditions shall be reasonably related to the protection of the public health, safety and welfare.
The Township Council, either prior to granting any license for an outdoor gathering or as a condition to the issuance of a license, in its discretion, may require any applicant to notify property owners within a designated distance from the property or properties upon which the outdoor gathering is being held to either provide said surrounding property owners with an opportunity to be heard considering whether or not to grant or deny the application and/or to notify surrounding property owners that an event or events will be conducted at certain given times.
[Added 9-16-1998 by Ord. No. 28-98]
A license shall be issued by the Township Council and executed by the Township Clerk. The license shall set forth and describe with particularity the place where the event is to be conducted and the period of time in which it may continue, which shall not exceed a period of 10 consecutive days. The license shall further contain any special conditions set by the Township Council and shall contain the hours of operation which shall be set by the Township Council.
No licensee shall permit the following on the licensed premises:
Shouting or crying out.
Musical instruments, drums, sound-making devices or amplifiers played or used in such a manner as to cause disturbance to persons occupying residential property.
Activity or conduct in violation of any municipal, state or federal law, duly enacted ordinances or regulations and conditions of the license.
The licensee shall be responsible for the cost of cleaning the area where the event was conducted on a daily basis and after said event is terminated, as well as the cost of providing law enforcement security for said event and sanitary facilities. The requirement to provide law enforcement security shall not create an affirmative obligation on the part of the Township to provide said law enforcement security.
Nothing in this chapter shall be construed to permit any outdoor gatherings which may be in violation of any Zoning Ordinance or other ordinance regulations of the Township of Jefferson.
Any person who shall violate any provision of this chapter shall be guilty of a summary offense and shall be fined a sum not to exceed $500 for each violation to be set by the Municipal Judge. Each day such violation exists shall constitute a separate violation.