[HISTORY: Adopted by the Township Committee of the Township
of Deerfield as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-4-2016 by Ord.
No. 2016-4[1]]
[1]
Editor's Note: This ordinance was originally adopted as Ch.
140 but was renumbered to maintain the alphabetical organization of
the Code.
The purpose of this article is to license and regulate the standards
and manner in which special events shall be conducted on public lands
owned or leased by the Township of Deerfield to ensure the protection
of the public health, safety and welfare, and to ensure the preservation
of public lands and improvements and their aesthetic character for
the enjoyment of the public at large.
A.
Except as otherwise provided herein, special events authorized by this article shall be exempt from the licensing fees and regulations contained in Chapter 124 of the Municipal Code.
B.
Special events without alcoholic beverages may be conducted on public
lands owned or leased by the Township of Deerfield pursuant to these
regulations.
As used in this article, the following terms shall have the
following meanings unless the context clearly indicates that a different
meaning is intended:
Any conditions contained in the permit, or any conditions
included in the resolution adopted by the governing body approving
the special event, or any conditions imposed by the Board of Recreation
Commissioners for the use of public lands by the permittee for the
special event.
A natural person, association, corporation, limited liability
company, partnership, trust or other legal entity.
Lands and improvements owned or leased by the Township of
Deerfield, including public alleys, highways, roads and streets.
An artistic, educational, recreational or social event sponsored,
cosponsored or authorized by the Township of Deerfield for the benefit
of the public at large which may or may not have a charge for admission.
No person shall conduct a special event on public lands owned
or leased by the Township of Deerfield unless licensed to do so by
the Township Clerk pursuant to these regulations.
A.
The fee for a special events permit shall be $100 for the permit
plus $100 per day for each day that the special event is authorized
to be held by the permit.
B.
All permit fees shall be paid to the Township Clerk when the application
is filed.
C.
The permit for a special event shall not be issued for longer than
10 days at one time, but it may be issued for nonconsecutive days
not to exceed 10 total days.
A.
Special events sponsored solely by the Township of Deerfield are
exempt from the payment of the fee for a special event permit. A special
event sponsored or cosponsored by a local nonprofit organization held
for the benefit of the Deerfield residents at large which is open
to the public free of charge, and where no beverages, food, goods
or services are sold by vendors sponsored by the local nonprofit organization,
is exempt from the payment of the fee for a special event permit.
B.
When the local nonprofit organization desires to sponsor vendors for beverages, food, goods or services for the special event, the vendors' permit fees required by Chapter 124 of the Municipal Code may be waived by the governing body. However, the local nonprofit organization must pay the special event permit fees to the Township Clerk in lieu of the vendors' permit fees.
C.
When the local nonprofit organization desires the exclusive use of the public lands for the special event for the time period designated in the special event permit, the governing body may authorize this use in the resolution approving the special event. When this occurs, the Township Clerk shall not issue licenses or permits pursuant to Chapter 124 of the Municipal Code.
The application for the permit required by this article shall
be made in writing and filed with the Township Clerk. Each application
shall be filed in a timely fashion and contain the following information:
A.
The person sponsoring the special event shall file the application
for a special event permit at least 30 days before the date set for
the special event.
B.
The application for a special event permit shall contain:
(1)
The name and address of the sponsor and the proposed activity;
(2)
A list of the names and addresses of all vendors participating in
the special event and the activity each vendor will perform;
(3)
The requested date or dates for the special event and the proposed
hours of operation for each day;
(4)
An estimate of the daily crowd expected at the event together with
the security measures to be utilized for crowd control and traffic
safety; and
(5)
Such other information requested by the Township Clerk in the application
form.
A.
No special event shall be held on public lands pursuant to this article
without the approval of the governing body.
B.
No special event shall be held on public lands pursuant to this article
until a special events permit has been issued by the Township Clerk.
C.
No alcoholic beverages shall be sold, distributed, or consumed on
the public lands.
D.
The applicant for a special events permit shall provide liability
insurance in the amount of $1,000,000 which covers the special event.
The Township of Deerfield shall be named as the certificate holder
and additional insured under the policy of insurance. Proof of said
insurance shall be filed with the Township Clerk before the permit
is issued.
E.
The applicant must execute an indemnification agreement with the
Township of Deerfield which agrees to indemnify and save the Township
harmless from all liability related to the special event.
F.
The permittee may charge a reasonable admission fee for the attendance
of the public at the special event, provided that the fee has been
approved by the Township Clerk.
G.
The permittee shall comply with these regulations, all conditions
imposed, and all applicable state and local laws and regulations.
H.
Except as otherwise provided herein, all persons shall comply with
all applicable ordinances regulating the use of public lands.
A.
Any applicant for a permit may be denied a permit by the Township
Clerk or any permit may be suspended or revoked by the governing body
for any of the following causes:
(1)
The applicant or permittee has filed an application containing false
information.
(2)
The applicant or permittee has failed to comply with these regulations
or the conditions imposed.
(3)
The applicant or permittee has been convicted of an offense under
these regulations.
(4)
The applicant or permittee has violated the Consumer Fraud Act, N.J.S.A.
56:8-1 et seq.
B.
The applicant or permittee may appeal the decision of any municipal
official by filing a written request for a hearing before the governing
body with the Township Clerk within 10 days of receiving the notice
of denial, suspension or revocation of the permit. The hearing shall
be held within 20 days after the request is filed with the Township
Clerk.
Any person violating any of the provisions of this article shall,
upon conviction thereof, be punishable by a fine of not more than
$500 or by imprisonment for not more than 90 days, or both.
[Adopted 10-7-2020 by Ord. No. 2020-5]
A.
No person shall permit, maintain, promote, conduct, advertise, act
as entrepreneur, undertake, organize, manage, sell or give tickets
to an actual or reasonably anticipated special event as defined herein
unless a permit to hold such special event has first been issued by
the Township, an application for which must be made at least 90 days
in advance of the special event. The day of the event is not counted
as one of the counted days.
B.
An application for a special event under this chapter may be permitted
less than 90 days in advance of the special event if an additional
fee is paid for an expedited permit reiew and all other permitting
agencies outside of Deerfield Township authorize and permit the special
event, and any additional costs to be borne by Deerfield Township
are paid in full prior to the approval of the permit. Those additional
costs may include, but are not limited to, a stand-by emergency medical
services staff ambulance from the Rosehayn Fire Company or other such
state-licensed entity, as required by the Township and the EMS Chief
or Fire Chief or other appointed official of the Rosenhayn Fire Company.
As used in this article, the following terms shall have the
meanings indicated:
Township Administrator of Deerfield Township or authorized
designee.
Any person who conducts, manages, promotes, organizes, aids
or solicits attendance at a special event. This would include a for-profit,
not-for-profit, other legal entity.
A special event permit which is received, processed, and
a decision on the application is made less than 90 days from the event
date. The event date shall not count as one of the counted days.
An assembly in which the maximum number of people which will
be assembled or admitted may exceed 100, but must be less than 1,000.
An assembly in which the maximum number of people which will
be assembled or admitted may exceed 1,000.
An assembly in which the minimum number of people which will
be assembled or admitted is 500 but not greater than 100.
Any individual, natural human being, partnership, corporation,
firm, company, association, society or group.
The New Jersey State Police.
Any organized assembly consisting of 50 or more persons gathered
for a common purpose. Examples include, but are not limited to, concerts,
parades, fairs, festivals, block parties, community events, fireworks,
and mass participation sports events such as marathons, running events,
bicycle races and tours.
A special event shall not include family-only gatherings, birthday
parties, retirement parties, private parties which are noncommercial
or non-charity-based in nature, and the like. A determination of whether
an event or gathering of more than 50 people constitutes a special
event under this article shall be made by the Administrator. The Administrator's
decision shall be appealable to the Township Committee which by resolution
of the majority of the body present may deem the event or gathering
exempt from this article.
The number of people shall be calculated by the average number
of people at the event per hour while the event is open. This shall
not include event set-up, event removal, event cleanup, or when the
event is not open to the intended participants(s).
A special event may occur on both public and private property. However, the regulation of this article and Article I shall both apply and permits shall be issued for both the private land event and the public land event.
As the permit is only temporary in nature, the special event permit shall supersede the permitted uses and requirements for a zoning permit as defined in Chapter 120. However, all other regulations are not superseded by the issuance of a special events permit and all approved site plan requirements shall be adhered to.
If there is no site plan for the parcel, then the event promoter
shall provide an unsealed site plan which shall confirm to the Code.
This site plan shall be reviewed by the Township Planner with the
Township Planner's fee for review paid prior to approval or denial.
The permit required by this article. The permit shall only
encompass one parcel of land unless the Administrator permits otherwise.
A.
A permit may be issued for a single day, multiple continuous days
or multiple separate days, within the same calendar year.
B.
The permit shall not be permanent in its authorization of the special
event, shall not exceed two weeks in duration whether or not the event
shall encompass all of those days or only some of those days in the
two-week period, and shall not be issued for the same or similar event
on the same block as defined in the Tax Map of the Township of Deerfield
more than six times per year. Same or similar event shall be determined
by the Township committee by resolution.
A.
The fee for a minor event is $100, the fee for a major event is $1,000,
and the fee for a mass assembly event is $5,000. With respect to events
extending over multiple days, whether continuous or not continuous,
an additional fee shall be paid in the amount of 10% of the base fee
for each day beyond the initial day.
B.
The fee for an expedited permit is two times the fee structure above.
With respect to events extending over multiple days, whether continuous
or not continuous, an additional fee shall be paid in the amount of
10% of the base fee for each day beyond the initial day.
C.
Any portion of the collected fee not used in the administration,
enforcement, planning or providing of other government services associated
with the event may be returned to the event promoter as authorized
by resolution of the Township Committee. Any resolution shall be authorized
until the event(s) have ceased and the permit has ended.
D.
The fee may be reduced or waived by resolution of the Township Committee.
No person may conduct a special event as defined in this article
without having first obtained a special event permit from the Township.
A special event permit shall not be required for an event held on
or within a permitted facility with an approved site plan specifically
designed and approved for the proposed activity.
Additional fees or reimbursements may be charged by the Township
for any required special services, equipment or facilities provided
by the Township, including but not limited to emergency medical services,
planning services.
A.
The applicant seeking a special event permit shall complete and submit
the special event permit application provided by the Township, together
with the required fee, to the Township Clerk. The application shall
include, if applicable to the particular application, the following
information:
(1)
Type and description of event;
(2)
Name and signature of property owner, contact person, applicant,
address, telephone number and email address;
(3)
Name of the promoting entity, contact person, address, telephone
number and email address;
(4)
Proposed date or dates of the special event, together with beginning
and ending times for each date or multiple separate days within the
same calendar year. Only one permit is required for multiple days,
even if the special events have different purposes, provided that
the special events are organized and managed in a similar fashion;
(5)
Proposed location, including a plan adequately identifying electrical
service, water service if applicable, parking, tents, structures and
other areas to be used, including location of barricades and traffic
control devices, lighting, and if proposed, any perimeter or security
fencing and gate/access design and locations;
(6)
If the special event takes place to any extent during hours of darkness,
a lighting plan designed to provide sufficient illumination for this
special event and not inappropriately extend beyond the site;
(7)
Estimated numbers of event staff, participants and spectators;
(8)
Fencing or other method to control the number of participants and
to ensure that the permitted maximum number of participants is not
exceeded;
(9)
Environmental and health plans, including provisions for emergency
medical availability and access, freshwater supplies, solid waste
containers, collection and disposal of solid waste and availability
of toilet facilities or the provision of portable toilet facilities;
(10)
With respect to mass assembly events, the availability of on-site
emergency medical care may be required;
(11)
Names, addresses and contact information for any food or other
vendors who must be appropriately licensed;
(12)
If the serving of alcohol is proposed, a copy of the applicable
liquor license and approval to serve alcohol at the designated location;
(13)
Electrical, plumbing and other permits, if required;
(14)
Fire prevention plan.
(15)
Severe weather plan;
(16)
Security plan, including security personnel and, if necessary,
plan for Police Department assistance;
(17)
Detailed plans for use of amplified sound equipment, including
the number, location and power of amplifiers and speakers;
(18)
Included must be details of measures to be taken to make sure
that the sound of the special event will not carry unreasonably beyond
the boundaries of this special event;
(19)
A certificate of insurance with coverage of at least $1,000,000
of general liability coverage listing the Township of Deerfield as
an additional insured;
(20)
The completed and appropriately executed hold-harmless and indemnification
agreement, which is included in the application;
(21)
The required fee.
B.
The administrator may waive the submitting of any of the above information
if deemed unnecessary to evaluate the application and may also request
additional information if deemed necessary to evaluate the application.
A.
The Administrator shall provide copies of the application to the
Police, Fire Marshal, Fire Department, Emergency Management Coordinator,
Township Engineer, Township Planner, Zoning Official, and Construction
Department for review and comment.
(1)
Comment shall be received back to the Administrator within 14 calendar
days. If no comments are received by an office or individual by the
end of 14 calendar days, the application shall be deemed acceptable
by the office or individual.
B.
In reviewing the application, the Administrator shall consider their
comments and recommendations regarding the following:
(1)
The impact of the special event on the safety, security, health and
safety of the public and the plans of the applicant to address such
impacts including, but not limited to, vehicle ingress and egress,
traffic, parking, separation of vehicles and pedestrians, toilet facilities,
perimeter fencing or barricades, adequate services for pedestrian
circulation, portable water, layout of public address system and speakers,
off-site noise impacts, and proposed hours for the special event.
(2)
Restrictions on hours of operation for the special event may be appropriate,
especially if it is in or adjacent to a residential area. Also, setbacks
from other adjacent properties may be appropriate.
(3)
The Administrator may impose additional requirements or conditions
deemed necessary or appropriate to protect the participants and the
general public, especially with respect to adequate traffic management,
security, noise and health and safety.
C.
The Administrator shall, within 45 days of the submission of a complete
application, either approve the application, approve the application
with conditions, or deny the application. If the Administrator does
not act on a special event application within such 45 days, the application
shall be deemed denied. Any applicant has the right to appeal the
denial of a special event permit to the Township Committee by filing
a written notice with the Township Clerk, and the Township Committee
will consider the appeal and may either affirm the denial or issue
the permit. The Township Committee shall have the right to issue the
permit with conditions.
A.
Any permit once issued may nevertheless be revoked by the Administrator,
within his or her reasonable discretion, at any tie if any of the
conditions required for the issuance of or contained in the permit
are not complied with or if any condition previously met ceases to
be complied with or it reasonably appears that the conditions are
likely not to be complied with.
B.
In addition, the Police, the Fire Chief of the Rosenhayn Fire Company,
or the Township Fire Marshal may revoke a special event permit if
a public emergency arises in which the Police, Fire Chief, or Fire
Marshal reasonably believes that the special event is or would have
an adverse effect upon the public health, safety and welfare. The
Police, Fire Chief, or Fire Marshal specifically has the authority
to revoke a special event permit, even while the special event is
being held, there is a present or imminent significant risk to the
public health, safety or welfare.
C.
Written notice of a revocation of a special event permit setting
forth the reasons therefor shall be immediately provided to the applicant
at the address provided in the application or such other location
as the applicant may be present. In the event of an emergency revocation,
notice may be given to the email address provided in the application,
by telephone through the number provided in the application or to
the applicant or any representative of the applicant present at the
special event.
A.
The provisions of this chapter may be enforced by inunction in any
court of competent jurisdiction,
B.
The holding of any outdoor assembly in violation of any provision
or condition contained in this article shall constitute a public nuisance
and may be abated as such.
C.
Any violation of this article shall be subject to a fine not exceeding
$2,000 or a period of community service not exceeding 90 days. Each
day of violation shall be considered a separate offense.
