[HISTORY: Adopted by the Township Council
of the Township of Stafford 8-15-2004 by Ord. No. 2006-61. Amendments noted
where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
A neighborhood gathering, or organized party, of persons
who reside on the portion of a residential street sought to be closed
for said gathering or party.
Includes the block party contact person, the applicant of the permit, the persons indicated within § 65-3C(6) and participants.
No person or organization shall use any public
street, sidewalk or public right-of-way for a block party in the Township
without a permit.
A.
A person seeking issuance of a block party permit
shall file an application with the Township Clerk, together with an
application fee of $20, on forms provided by the Township Clerk.
B.
Filing period. An application for a block party permit
shall be filed with the Township Clerk not less than 30 days before
the date on which it is proposed to conduct the block party.
C.
Contents of application for a block party permit.
The application for a block party permit shall set forth the following
information:
(1)
The name, address and telephone numbers (home phone
number, work phone number and another supplemental number, such as
a cell phone number) of the person requesting the block party permit.
The person requesting the permit shall be deemed the contact person
unless otherwise specified to the Township Clerk.
(2)
The name and address of any organization the applicant
is representing.
(3)
The proposed date and time of the block party, including
the times at which such block party will start and terminate, said
termination being no later than 11:00 p.m.
(4)
The Township street where the block party is proposed,
along with any cross streets.
(5)
The names, addresses, telephone numbers, blocks and
lots of the property owners for each impacted property on the street
or portion of the street where the block party is proposed.
(6)
Signatures of all of those property owners indicated in § 65-3C(5) above, said signatures indicating consent to the proposed block party, consent to the proposed street closure, and acknowledgment that all residents and their invitees shall adhere to all applicable laws, regulations and ordinances, including, but not limited to, noise ordinances,[1] fireworks regulations,[2] and ordinances prohibiting public consumption of alcoholic
beverages.[3]
(7)
The activities planned for said block party, the estimated
number of persons participating and/or attending, and any large items,
including but not limited to, dunk tanks, inflatable jumps, stages,
and vehicles/trailers which will be parked or placed in the street.
(8)
Whether any music will be provided at the block party,
either live or recorded.
(9)
The number, types and locations of all loudspeakers
and amplifying devices to be used.
(10)
Whether the applicant is requesting additional automated
trash cans from the Township.
D.
Upon submission of an application for a block party and acceptance of the appropriate fee, the Township Clerk shall request a certified list of property owners from the Tax Assessor for the area of the proposed block party. Said list shall be kept on file with the application. The Township Clerk shall review the application for completeness and forward said application to the Chief of Police and the Township Administrator for review in accordance with § 65-4.
A.
Approval of the Chief of Police.
(1)
The Township Clerk shall notify the Chief of Police
of the block party application and request that the area of the proposed
area be inspected using the following criteria:
(a)
The conduct and location of the block party
will not substantially interrupt or impede the safe and orderly movement
of traffic.
(b)
The conduct of the block party will not be likely
to result in damage to persons or property nor cause serious harm
to the public.
(c)
The conduct of the block party will not interfere
with the movement of fire-fighting equipment to such an extent that
adequate fire protection cannot be provided to the Township.
(d)
Such other concerns deemed necessary in order
to properly provide for traffic control, street and property maintenance
and the protection of the public health, safety and welfare.
B.
Closing of streets.
(1)
The Township Clerk shall forward a block party application
to the Township Administrator for a determination as to the closing
of streets. A block party permit shall be subject to the provisions
and procedures provided herein for the closing of municipal streets.
Any permit issuance shall be contingent upon the Township Administrator
providing for the closing of the street or streets which are the subject
of the block party application, to be determined in accordance with
this section.
(2)
Pursuant to N.J.S.A. 40:67-16.9, for the purpose of
carrying out the preceding sections of this chapter, the governing
body authorizes the Township Administrator to provide for the closing
of any Township-owned street, or portion thereof, to motor vehicle
traffic on any day or days, or during specified hours on any day or
days, whenever he/she finds that such closing is necessary for the
preservation of the public safety, health or welfare, in accordance
with the requirements provided for herein:
(a)
The Township street proposed to be closed is
a cul-de-sac, dead-end or circular street.
(b)
The portion of the street proposed to be closed
is a 1/2 mile or less in length and intersected by no more than two
other streets.
(c)
The speed limit on the section of the street
is 25 mph or less.
(d)
The street has no more than two lanes.
(e)
The street does not have an active bus stop.
(f)
The street must be reopened by 11:00 p.m.
(g)
Proper warning signs of such closing of any
street, or portion thereof, must be posted during the time same is
closed.
C.
Insurance and indemnity.
(1)
All applicants must provide a certificate of insurance
specifically naming the Township of Stafford as an additional insured
providing general liability, bodily injury and property damage coverage
with minimum limits of liability not less than $1,000,000. If the
applicant is an individual and the block party is not being held on
behalf of any organization, the applicant may request a waiver of
this requirement upon a showing to the Township Administrator of undue
hardship.
(2)
The applicant shall agree to indemnify, defend and
hold harmless the Township, its agents, servants, representatives
and employees, from and against all losses, damages, claims, liabilities
and causes of action of every kind, or character and nature, as well
as costs and fees, including reasonable attorneys' fees connected
therewith, and the expense of investigation thereof, based upon or
arising out of damages or injuries to third persons or their property
caused by the acts, omissions or negligence of the applicant, anyone
for whose acts the applicant may be liable, or any claims arising
out of or in any manner relating to the activities permitted pursuant
to this chapter to the extent permitted by law. The applicant shall
give the Township prompt and reasonable notice of any such claims
or actions.
(3)
Any applicant that is insured by the Ocean County Joint Insurance Fund shall be exempt from the requirements listed in § 65-4C(1) and (2) above. If an organization other than the applicant will be using Township property in connection with participation in a particular event and no separate application is submitted by that organization, the organization must comply with the requirements listed in § 65-4C(1) and (2) above. If the additional organization(s) is also insured by the Ocean County Joint Insurance Fund, then that organization shall also be exempt from the requirements listed in § 65-4C(1) and (2) above.
D.
Other requirements.
(1)
No block party permit shall be issued if, within the
last calendar year prior to the date of the proposed block party,
a block party permit has been issued for the same street or portion
of the street which is the subject of the currently proposed block
party.
(2)
No block party permit shall be issued if a block party
permit has been previously issued for the same street or portion of
the street which is the subject of the currently proposed block party,
and said previously issued permit was revoked by the Township due
to violations of this chapter or of any applicable ordinances, laws
or regulations.
(3)
Block parties shall be authorized only upon Township-owned
streets, and shall not be authorized upon any street which is owned
and under the jurisdiction of Ocean County, the State of New Jersey
or any public entity other than the Township of Stafford.
If all the requirements of this chapter for
the issuance of a block party permit have been met satisfactorily,
the Township Clerk shall issue a permit for a block party, subject
to any conditions determined by the Township Administrator to be reasonably
calculated to reduce or minimize dangers and hazards to vehicular
or pedestrian traffic and the public health, safety and welfare, including,
but not limited to, changes in time, duration or number of participants.
Upon issuance of a block party permit, the Township Clerk shall forward
a copy of said permit to the Township Administrator, the Chief of
Police, the appropriate Fire Chief, and the Superintendent of Public
Works.
In addition to any duties of the permittee(s)
which are a condition of the block party permit as issued and any
other obligations of the permittee(s) delineated otherwise in this
chapter, all permittees shall:
A.
Comply with all applicable laws and ordinances.
B.
Be responsible for clean-up of any items, trash and
garbage from the street which is the subject of the permit.
C.
Require that the block party contact person or other
person heading or leading such activity shall carry the block party
permit upon his or her person during the conduct of the parade or
block party.
D.
Assure that any vendors utilized during the block
party are properly licensed as required under any other ordinance
or law.
The Township shall have the authority to revoke
a block party permit issued hereunder upon the violation of any of
the standards for issuance as set forth in this chapter or in the
event of circumstances endangering public health, safety and welfare.
Any person who violates any provision of this
chapter shall, upon conviction thereof, be punished by a fine of not
more than $2,000, by imprisonment for a term not to exceed 90 days
and/or by a term of community service not to exceed 90 days. A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.
