[HISTORY: Adopted by the Township Council of the Township
of Brick 3-15-2011 by Ord. No. 7-11; amended in its entirety 11-25-2014 by Ord. No.
34-14. Subsequent amendments noted where applicable.]
A.
Definition of "special event." For the purposes of this chapter,
the term "special event" is defined as, but not limited to, any event
outside the normal business operations of a private or a public entity
that is dependent on the use of municipal facilities, lands, roads,
services and/or finances or which will take place on public or private
property and which requires temporary exemption from certain municipal
ordinances. Special events shall include any event that will require
use of a portion of Township property for sole use by an individual,
entity, organization or group to the exclusion of the general public.
Examples of special events may include but are not limited to parades,
concerts, haunted houses and walkathons.
C.
A "block party" shall be exempt from the requirement to obtain a special event permit under this section, unless the block party will have live entertainment with amplified music or will be open to the public at large, which will require a special event permit. All block parties will continue to require permits under § 288-30.1 of this Township Code.
D.
Determination of Township Clerk. In the event that an application
is received by the Township Clerk which in the judgment of the Township
Clerk may not be required pursuant to this chapter, the Township Clerk
shall then consult with the Township Administrator to determine whether
the application must be completed or returned to the applicant unprocessed.
An application to conduct such special event shall be submitted
to the Township Clerk in writing, by the person or persons in charge
or responsible therefor. Such application shall set forth the following
information:
A.
The name, address and telephone number of the person requesting the
special event permit. The person requesting the permit shall be deemed
the contact person for the event unless otherwise specified. If a
second person is specified as the contact person for the event, then
that person's name, address and telephone number shall also be
provided.
B.
The name and address of the individual, entity, organization or group
the applicant is representing.
C.
The name, address and telephone number of the person or persons who
will act as chairman of the special event and be responsible for the
conduct thereof. If said person shall be the same as the contact person,
same must be specified.
D.
The number of agents or representatives of the organization hosting
the special event who will be present at the time of and during the
special event shall be provided. Names of such agents and representatives
shall be provided. Some identifying clothing or accessory, such as
name tags, shall be worn by each representative or agent so as to
make such persons readily identifiable. The Township shall approve
any such clothing or accessory as sufficient to identify event personnel.
E.
The activities planned for the event, the estimated number of persons
to participate and/or attend, and the number and types of vehicles
(if any) to participate.
F.
The method of notifying participants and invitees of the rules and
regulations governing the special event, if appropriate.
G.
The date(s) the event is to be conducted and the hours it will commence
and terminate.
H.
The specific assembly and dispersal locations, the specific route
and the plans, if any, for assembly and dispersal.
I.
Whether any music will be provided, either live or recorded.
J.
The number, types and locations of all loudspeakers and amplifying
devices to be used.
K.
Identification of any local ordinances from which exemption is sought
for the duration of the special event.
L.
Such other information as the Township may deem necessary in order
to properly provide for traffic control, street and property maintenance
and the protection of the public health, safety and welfare.
An application fee of $100 shall be submitted at the time the
special event permit application is filed with the Township Clerk.
For recurring events, the application fee shall be $250 for up to
four special events in any three-month period at a single location.
If any recurring event issued a permit under this section expands
or changes beyond the scope of the original application, requiring
an additional review by the Township, then an additional application
fee may be charged to cover the cost of an additional review(s). The
application fee established herein shall be waived for any Brick Township
governmental entity, including the BTMUA, the Board of Education and
the Housing Authority.
A.
A person seeking issuance of a parade permit shall file a supplemental application with the Township Clerk. Said application shall be in addition to the general special events application required pursuant to § 393-2.
B.
An application for a parade permit shall be filed with the Township
Clerk not less than 30 days before the date on which it is proposed
to conduct the parade.
C.
The application for a parade shall set forth the following additional
information:
(1)
The route to be traveled, the starting point and the termination
point.
(2)
The approximate number of persons, animals and vehicles that will
constitute such parade; the type of animals and description of the
vehicles.
(3)
The hours when such parade will start and terminate. This information
shall be in addition to the information provided above which shall
indicate the start and end times of the entire event. The answer to
this question shall specify the actual time for the duration of the
parade itself to the exclusion of any pre- or post activities.
(4)
A statement as to whether the parade will occupy all or only a portion
of the width of the streets proposed to be traversed.
(5)
A listing of locations, by streets, of any pre-parade assembly areas
for such parade and the time at which units of the parade will begin
to assemble at any such area or areas. For purposes of the public
health, safety and welfare, these times must be specific and rounded
to the quarter hour. The general time of the parade route shall not
include the assembly time. For each street upon which assembly will
occur, a separate time must be provided, as well as an estimated time
of departure from that street to begin the parade. By providing times,
the applicant for a parade permit is acknowledging that the parade
is scheduled to move from the point of origin to its point of termination
expeditiously and without unreasonable delays en route.
(6)
The interval of space to be maintained between units of such parade.
(7)
Any additional information which the Township Clerk shall find reasonably
necessary for a fair determination as to whether a permit should issue
and any information necessary to secure the public health, safety
and welfare.
(8)
If the parade will use or traverse any state or county road or highway
within the Township of Brick, the application shall be accompanied
by a written consent or other written authorization to hold such parade
on the date and the time requested, issued by the public agency or
body having jurisdiction and control over said road or highway.
D.
The Township Clerk may consider any application hereunder which is
filed less than 30 days before the date such parade is proposed to
be conducted and may request authority from the Township Administrator
to waive the requirement for certain information if found to be unnecessary
based on the nature of the application.
Once a completed application is submitted, the Township Clerk
shall refer a copy to the Mayor, Township Council, Department of Public
Safety, Department of Community Development and Land Use (if applicable)
and Board of Fire Commissioners (if applicable). Once the above-referenced
Township departments have completed their review of the application,
they shall make a recommendation to the governing body. Upon consideration
of the recommendation of the Township departments, if the governing
body shall find that the special event is not to be held for any unlawful
purpose and will not in any manner endanger the public health, safety
and welfare or unnecessarily interfere with the public use of the
streets and sidewalks, the governing body may approve the application.
After giving consideration to the recommendations of the Township
departments, the final determination as to whether or not a permit
shall be issued shall be made by the governing body.
All completed special event applications shall be presented
to the governing body by the Township Clerk at a public meeting not
more than 30 days following the filing of the completed application.
The Township Clerk may withhold an application from consideration
by the Council if the Township Clerk and/or Township departments determine
that an informed decision cannot be made by the governing body without
first obtaining additional essential information, in which case the
applicant shall be advised, in writing, of the nature of the additional
essential information required within 30 days following the filing
of the completed application.
Any permit granted under this chapter may contain conditions
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. In all cases, the following shall apply:
A.
The conduct of the special event will not substantially interrupt
the safe and orderly movement of other traffic contiguous to its route
or location.
B.
The conduct of the special event 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 special event 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 special event 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 special event will not interfere with the movement
of firefighting equipment en route to a fire.
F.
The conduct of the special event is not reasonably likely to cause
injury to persons or property, to provoke disorderly conduct or create
a disturbance through excessive noise or emission of light.
G.
All directional signs erected in connection with the special event
shall be removed within 24 hours of the termination of the event.
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 Mayor to provide, by regulation, 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. Any regulations promulgated by the Mayor
pursuant to the authority of this section shall provide for the posting
of proper warning signs of such closing of any street, or portion
thereof, during the time same is closed. If any county-owned street
needs to be closed in connection with the special event, it shall
be the responsibility of the applicant to obtain the approval for
the same from the county prior to the commencement of the special
event. Proof of such approval shall be provided prior to the commencement
of the special event. However, the governing body may approve an application
contingent upon the providing of such proof.
A.
All applicants must provide a certificate of insurance specifically
naming the Township of Brick as an additional insured providing general
liability, bodily injury and property damage coverage with minimum
limits of liability not less than $1,000,000.
B.
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.
C.
Where it shall appear that the nature or size of the event or the existence of other applicable insurance will not reasonably require the insurance coverage established by Subsection A above, the governing body 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.
Any person or entity who fails to comply with the terms of this chapter, including the failure to obtain a permit for a special event, shall be liable for a fine in an amount up to $2,000. The Township additionally shall have the authority to terminate the special event and/or issue an appropriate notice of violation for the failure to comply with the terms of this chapter. The persons with authority to enforce this Chapter 393 shall be the Chief of Police, the Fire Inspector and the Construction Official, or their respective designees.
