[HISTORY: Adopted by the Borough Council of the Borough of Florham Park 2-21-2013 by Ord. No. 13-2. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
RACE
Any organized event of speed or endurance involving five-kilometer (5k) foot races.
No person shall conduct, operate, start, sanction, supervise, or otherwise allow a race to be held in the Borough of Florham Park unless such person has applied for and received a race permit from the Borough of Florham Park and has complied with all of the terms of this chapter.
A. 
Any person seeking to hold a race within the Borough of Florham Park shall secure a race permit application from the Engineering Department of the Borough of Florham Park. A complete race application permit must be submitted to the Engineering Department, with all required attachments and fees, no later than 60 days prior to the start of the proposed race. Failure to timely submit an application may be grounds for denial of a race permit.
B. 
The Engineering Department of the Borough of Florham Park shall keep on file a form entitled "Race Permit Application," which it may revise from time to time as necessary. The race permit application shall request the applicant to provide at least the following information:
(1) 
The applicant's name, address and essential contact information. The applicant's name shall be the name of the person or organization responsible for conducting the race. If the applicant is an organization, the applicant shall provide the names and addresses of the officers of the organization.
(2) 
Contact information for the primary person who will be responsible for the conduct of the race, including at least the person's address, telephone number, fax number, e-mail address, and emergency contact information.
(3) 
The date of the race, including all dates which would involve prerace activities taking place in the Borough of Florham Park, as well as a schedule of race activities.
(4) 
The race route, which shall include a map depicting the proposed race route.
(5) 
A narrative description of the proposed race, including the type of race proposed, any events within the Borough of Florham Park to promote the race, any prerace events within the Borough of Florham Park, and any events to take place on the day of the race, other than the race itself.
(6) 
Any provisions that the applicant is making for food and drink for participants as well as spectators, as well as any provisions to be made for personal hygiene, litter control, parking and lighting (if necessary).
(7) 
A statement addressing how the applicant proposes to handle crowd control, spectator parking and traffic control.
(8) 
A statement as to any contingency plans in the event of inclement weather.
A. 
The Borough Engineer shall be responsible for reviewing the permit application and granting or denying the permit. A decision to grant or deny such permit shall be made no later than 10 business days after receipt of all of the information required by the application form. In the course of such review, the Borough Engineer shall, in his/her discretion, seek advice from the Chief of Police or any other municipal employee or official who may provide information relevant to the review of the permit application. If the Borough Engineer denies the permit, then the Borough Engineer shall provide the applicant with a written statement of reasons for denial. The Borough Engineer shall be permitted to deny the application if one or more of the following circumstances are found:
(1) 
The applicant has failed to provide sufficient information required by the permit application or this chapter in order to determine if the application satisfies the requirements of this chapter.
(2) 
The proposed route, or the proposed dates, or other elements of the race would interfere with the safe and orderly flow of traffic or with access for emergency services vehicles or would otherwise constitute a potential hazard to public safety.
(3) 
There would be an insufficient number of supervisory or law enforcement personnel or emergency services in order for the race to be conducted in a safe and secure manner.
(4) 
The applicant has failed to demonstrate that it will have sufficient support staff or other resources to conduct the race as proposed.
B. 
If the Borough Engineer determines that the application could be granted if the application is amended, then the Borough Engineer may, but is not required to, submit to the applicant a statement of such amendments which would result in granting of the permit.
The applicant shall be responsible for compliance with all of the ordinances of the Borough of Florham Park, as well as any other regulatory authorities. The applicant shall designate a specific individual who shall be responsible for being available for communications with Borough officials at all times during the race and for race cleanup after the race is conducted. The person designated by the applicant shall have the legal authority to act on behalf of the applicant at all times.
A. 
The exact route of the race shall be subject to the approval of the Borough Engineer and the Chief of Police.
B. 
The Chief of Police or his/her designee shall review the application and traffic plan and have the authority to deny the application for any reason concerning the public safety of the citizens, event staffing and police staffing concerns.
C. 
The race schedule shall be subject to approval of the Borough Engineer, including the date on which the race is to take place. However, in no event shall a race be scheduled to take place between the hours of 7:00 a.m. and 9:00 a.m. or between the hours of 4:00 p.m. and 6:00 p.m. on weekdays.
In the event that the applicant seeks to utilize the services of Borough police officers, then the applicant shall make the application required by § 46-8, Third-party assignments, of the Borough Code.
The applicant shall be responsible for obtaining any other permits that may be necessary for any aspect of the race that is regulated by other authorities, whether municipal or otherwise. This would include, but not be limited to, any permits seeking to dispense alcoholic beverages, any road-closing permits, any permits seeking to race on highways or property owned by the County of Morris or other public bodies, any permits to permit racing in other municipalities, or any other permits that may be required.
The applicant shall submit a nonrefundable application fee to the Borough of Florham Park at the time of application. The application fee shall be $150. In addition, the applicant shall deposit an escrow fee with the Borough which shall be reasonably calculated to cover the cost of cleanup of any litter or other debris. The escrow amount shall be determined by the Borough Engineer at the time of issuance of the permit and must be paid no later than 10 business days prior to the race. The Borough shall deduct from such escrow any amount necessary to clean up after the race in the event that the applicant does not fully undertake postrace cleanup.
The applicant shall undertake to notify the property owners in the race area of the event at least two business days in advance. The applicant shall provide such notice by conspicuously posting notices of the race, such posting to be done as permitted by law.
A. 
The applicant shall save, indemnify and hold harmless the Borough and its officers, agents, boards and employees from any and all actions at law or at equity, charges, debts, liens, encumbrances, costs and counsel fees which may arise from any damage or loss arising from the conduct of the race (or prerace or postrace events), except where the Borough or its agents have been judicially determined to have acted contrary to law or have failed to perform acts required by law.
B. 
The applicant will add the Borough of Florham Park as an additional insured under its liability insurance, in connection with this subsection, and provide appropriate proof of insurance thereof. The applicant or its assignees or designees shall obtain and pay all premiums for liability insurance, insuring the Borough as a named insured against all claims for personal injury or property damage arising from the conduct of the race (or prerace or postrace events). The aforementioned insurance coverage shall not be less than the following amounts:
Type of Insurance
Amount of Coverage
Comprehensive general liability (combined injury and property damage)
$1,000,000 (combined single limit)
Auto liability (bodily injury and property damage)
$1,000,000 (combined single limit)
Excess liability and property damage
$2,000,000 (combined single limit)
C. 
The applicant shall provide workers' compensation insurance coverage for employees in amounts in accordance with law. Certificates disclosing proper coverage shall be delivered to the Borough and shall be acceptable to the Borough Attorney and the Borough Insurance Risk Manager in form and content as well as to the insurer, before any race activities are undertaken.