[HISTORY: Adopted by the Township Council
of the Township of Franklin 2-14-2006 by Ord. No. 3586. Amendments noted where
applicable.]
[Amended 10-13-2015 by Ord. No. 4119-15]
A.
No person or persons or parties whatsoever shall permit any outdoor
shows, concerts, circuses, carnivals, festivals, dances, theatrical
performances, exhibitions and public gatherings out of doors within
the Township of Franklin without having first obtained a license from
the Township of Franklin in the manner and upon the conditions hereinafter
set forth.
B.
No person, group of persons, partnership, association or corporation
or any combination thereof shall maintain, conduct, promote or operate
on any lands or premises within the Township, other than in established
theaters, auditoriums or other places licensed or permitted for public
occupancy as limited by law, any use thereof for the purposes of entertaining
the general public if a fee or admission is charged or voluntary contributions
solicited, except pursuant to a special event permit issued therefor
by the Township as hereinafter provided.
C.
No owner, lessee, licensee or other person, partnership, association
or corporation having any right to or interest in any real property
within the jurisdiction of the Township shall license, rent, lease
or otherwise permit the use of such real property or any part thereof
for the use of any mass gathering if a fee or admission is charged
or voluntary contributions solicited other than in established theaters,
auditoriums or other places licensed for public occupancy as limited
by law, except pursuant to a special permit issued therefor by Township
as hereinafter provided.
[Amended 3-8-2016 by Ord.
No. 4137-16]
As used in this chapter, the following term
shall have the meaning indicated:
Any kind of affair which is:
Outdoors and open to the general public; and
Generates a parking or traffic flow situation that could unreasonably
interfere with the movement of normal traffic or emergency vehicles
or other organized groups having a similar common purposes or goal
proceeding in or upon any street, park or other public place in Franklin
Township; and
Requires the expenditure of municipal resources or inspections
from the Fire Prevention Office, Construction Office, Department of
Public Works, Police Department, Health Department or Recreation Department,
including but not limited to bicycle race, bikathon, car show, carnival
or circus, ceremony, concerts, dances, exhibitions, fair, farmer's
market, festival, flea market, foot race, marathon or run, public
gatherings, theatrical performances or walkathon.
A.
Any person applying for a special event permit shall
show that all taxes and water payments due to date have been paid
and all outstanding financial obligations have been met, including
but not limited to fines and fees due the Township.
B.
Any person applying for a special event permit shall
show that all zoning requirements have been met for the premises on
which said special event is to be held and for the property to be
used as associated parking facilities.
A.
Notice to abutting owners. The applicant shall send
special notice by certified mail to all owners of abutting property
within 200 feet of the site of the special event and the parking area
of the time and place of said special event 10 days prior to scheduled
Township Council meeting where special event permit application is
to be approved. The applicant shall bear the cost of the certified
mail. The list of abutting property owners within 200 feet of the
site shall be obtained from the Zoning Department and/or Assessor's
office.
B.
Notice to affected persons/businesses for road closure.
Notify all persons and businesses affected by said road closing. Said
notice shall be in writing and served upon the person/business in
person or by certified mail at least 10 days prior to Township Council
meeting where special event permit application is scheduled to be
approved. Affidavit of service to said affected persons/businesses
shall be prepared by the applicant and filed with the Township Clerk
prior to the Township Council meeting where special event permit application
is scheduled to be approved.
[Amended 10-13-2015 by Ord. No. 4119-15]
A.
An application for license hereunder shall be signed by the person,
persons or parties responsible and shall be filed with the Township
Clerk, accompanied by the fee payable hereunder. Such application
shall be filed in the office of the Township Clerk not less than 60
days prior to the date for which the license is desired. Failure to
submit the application at least 60 days prior to the event may constitute
cause for denial of the event. Applications shall be made in writing
on the prescribed form and include all checklist items. The Township
Council shall act upon the application 15 days prior to the date for
which the license is desired. The applicant shall set forth in the
application for license the following information:
[Amended 3-8-2016 by Ord.
No. 4137-16]
(1)
The name and address of the person or persons, or, in the case of
a corporation, the names and addresses of the president, director
or trustee, responsible for conducting the outdoor special event for
purpose sought to be licensed.
(2)
A statement explaining the activity to be carried out and the admission
fee to be charged.
(3)
The proposed location, dates and hours of such special event.
(4)
A statement of the expected minimum and maximum number of persons
(spectators) intended to use the property(ies) at one time and collectively
and the number of persons to be engaged (workers/volunteers) in the
outdoor event.
(5)
The number of automobiles, motorcycles and other vehicles intended
to use the property(ies) at one time and collectively.
(6)
A description and plan drawn to scale of the location wherein said
outdoor special event is to be carried on or conducted and activities
proposed to be conducted at said event.
(7)
A detailed description of the various amusement devices intended
to be conducted or operated during the period for which the license
is sought, and any license issued upon such application shall be only
for amusement devices so described in said application.
(8)
A plan drawn to scale showing the layout of any parking area for
motor vehicles, including the means of ingress and egress to such
parking area, and a statement as to the number of acres or square
feet of the area to be devoted to this purpose. The number of parking
spaces and the number of cars per acre shall be determined by the
Chief of Police or his designee.
(9)
For events involving carnival rides, copy of the ride vendor's
New Jersey DCA permit to operate.
(10)
A statement specifying whether food or beverages are intended to
be prepared, served or distributed; if food or beverages are intended
to be prepared, served or distributed, a statement specifying the
method of preparation and distribution of such food or beverages and
the method of disposing of garbage, trash, rubbish or any other refuse
arising therefrom. If food or beverages are to be prepared, served
or distributed, a plan drawn to scale must be attached to the application
showing the buildings or other structure from which the food and beverages
shall be prepared, served or distributed.
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Please note: A temporary food license from the Health Department
and/or a Type I permit from the Office of Fire Prevention may be required.
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(11)
A statement specifying whether any private security guard or off-duty
Franklin Township police officers will be engaged and, if so, the
number of and duties to be performed by such persons, including the
hours to be worked and areas of responsibility and provide the name
of all armed personnel. The required number of off-duty Franklin Township
police officers or security guards shall be determined by the Chief
of Police or his designee. The Chief of Police shall prescribe rules
for the conduct of armed security including but not limited to the
manner in which same shall be identified.
(12)
A statement specifying the precautions to be utilized for fire protection,
including a plan drawn to scale specifying the location of fire lanes
and water supply for fire control.
(13)
A statement specifying tents and canopies to be utilized for the
special event, including:
(a)
A description of what the tent will be used for and the dates
and hours when the tent will be occupied.
(b)
A plan drawn to scale showing the tent location, all structures,
parking areas and the location of any proposed cooking or heating
appliances (plan must show dimensions of tent and distance to any
other structure and property lines).
(c)
A floor plan showing the interior layout of the tent, including
all tables or chairs, exit locations, exit signs, emergency light
locations and fire extinguisher locations.
(d)
If any electrical appliances are proposed, they must be shown/listed
and the plan must indicate the electrical supply for these appliances.
(e)
A certificate of flame resistant showing the tent conforms to
NFPA 701.
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Please note: If a tent is proposed and is either more than 900
square feet or any one side is greater than 30 feet, a construction
permit is required from Construction Code Enforcement. A canopy (no
side) or a tent less than 900 square feet and all sides less than
30 feet does not require a construction permit from Construction Code
Enforcement. Both tents and canopies may require a Type 16 permit
from Fire Prevention.
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(14)
A statement showing that adequate toilet facilities for the capacity
of the special event will be provided in compliance with the State
Sanitary Code.
C.
The application shall be signed by the applicant or applicants and
shall be verified under oath.
D.
A fee of $25 shall be paid upon the filing of the application, to
be applied by the Township towards its expense in investigating the
application, which said fee shall not be refunded whether a license
is issued or denied.
E.
In addition to the application described herein, the applicant is
also responsible for obtaining all other applicable permits, including,
but not limited to:
[Added 3-8-2016 by Ord.
No. 4137-16]
(1)
Construction Code permits: tents, generators, mechanical equipment
and platforms.
(2)
Health Department permits: temporary food permits and animals.
(3)
Municipal Clerk permits: alcoholic beverage, solicitor, games of
chance, parade, banner, road closing.
(4)
Fire Prevention permits: air-filled amusements, fireworks/pyrotechnics,
any open-flame activity and rides.
(5)
Recreation permits: parks.
(6)
Zoning permits: temporary signs.
F.
Incomplete application for special events and other associated permits,
including failure to provide all required documentation, will result
in the application being deemed incomplete and returned to the applicant.
[Added 3-8-2016 by Ord.
No. 4137-16]
Any outdoor special event in the Township of
Franklin shall commence no earlier than 9:00 a.m. and shall conclude
no later than 11:00 p.m. of the same day.
Both the premises where the special event is
held and the parking area shall be closed as expeditiously as possible
after the conclusion of any special event, and no sleeping will be
permitted on the grounds or in vehicles in either area without proper
sanitary sewer and approval by the Health Department.
Upon filing of the application, the Clerk shall
refer a copy of the application promptly to the Technical Review Committee
(TRC), which includes, but is not limited to the following departments:
Township Clerk, Township Engineer/DPW; Fire Prevention; Police; Health;
Parks/Recreation and Community Development (Code Enforcement &
Planning/Zoning) for investigation of the matters in the application.
A written report shall be made to the Township Clerk of the result
of such investigations by such officer or agent of each department
within 30 days from the filing of the application.
A.
All licenses for special events shall be issued by
the Township Clerk in the name of the Township but only when the Township
Clerk shall have been first authorized to issue such license by a
resolution adopted by the Township Council.
B.
The license shall set forth and describe, with particularly,
the location where the event sought to be licensed hereunder shall
take place and the period of time during which it may continue.
C.
The license herein authorized shall not be issued
or take effect until all fees have been paid to the Township as provided
herein.
D.
Any license authorized to be issued hereunder shall
be issued subject to all provisions of this chapter.
B.
For nonprofit organizations, a letter requesting waiver
of license fee or notation requesting waiver on application for Council
consideration.
C.
Fees for carnivals, circuses and large special events
will not be waived because of the amount of staff time required to
review and make inspections.
D.
All applications submitted less than 60 days prior to an event will
be assessed a late fee of $25.
[Added 3-8-2016 by Ord.
No. 4137-16]
The applicant shall deposit with the Township
Clerk a cash deposit, money order, certified check or treasurer's
check in the amount of $300 to guarantee the maintenance of the municipally
owned premises on which the applied-for activities are to be conducted.
If, at the end of such activity, the Health Inspector of the Township
decides that the premises have not been returned to the condition
they were in as of the time that the applied-for activity commenced,
he shall be authorized to return the premises to such condition and
to pay for having the same done out of the deposit left with the Township
Clerk for such purposes. After the premises have been restored to
their original condition, the balance of any moneys remaining shall
be returned by the Township Clerk to the applicant.
The applicant shall furnish evidence of a public
liability insurance policy, in an amount not less than $500,000 for
one person and $1,000,000 for any one accident, which shall be in
force and effect at the time such structure is to be occupied or during
which the carnival, circus, traveling show or special event will be
operating.
Submission of off-duty police escrow in an amount
to be determined by the Franklin Township Police Department:
A.
Payment to off-duty police officers for services provided
shall be made by the Finance Department from said escrow deposit.
Should escrow funds be found insufficient, the applicant shall deposit
additional funds with the Finance Department to cover the remaining
cost of off-duty police protection.
B.
Any unused monies deposited for off-duty police protection
shall be returned by the Township Clerk to the person or organization
making the deposit upon approval of the Chief of Police.
An inspection of the premises to be used is
to be made by the Chief of Police or other Township official to ensure
that adequate off-street parking is available and to check on other
public safety factors.
A.
If the application involves the closing of a public
road, the applicant shall provide an insurance certificate to cover
the event and the closing of the aforesaid public roadway in conjunction
therewith in the amount of $1,000,000. Said policy shall name the
Township of Franklin as additional insured and a certification of
same shall be filed with the Township Clerk at least seven days prior
to the event.
B.
If the application involves a carnival, circus, traveling
show or special event, the applicant shall provide an insurance certificate
in conjunction therewith in the amount of $500,000 for any one person
and $1,000,000 for any one accident. Said policy shall name the Township
of Franklin as additional insured and a certification of same shall
be filed with the Township Clerk at least seven days prior to the
event.
A.
No person or party licensed hereunder shall allow,
suffer or permit any exhibition, performance or gathering of persons
for any unlawful purpose or to be conducted in any unlawful, disorderly,
obscene or lewd manner.
B.
The licensee shall maintain at its own expense one
or more persons or agents responsible for the proper conduct of the
event licensed, who shall remain upon the premises licensed at all
times during the period in which the license shall be in effect.
A.
In the event that any of the provisions of this chapter
shall be violated, the Township Council, through its authorized officers
or agents, may terminate or suspend any license issued hereunder.
Such suspension or revocation shall be determined as follows:
(1)
An authorized officer or agent authorized by the Township
Council shall cause a written notice of the alleged violation of this
chapter or of any other laws involved to be served upon the licensee
or any of the agents of the licensee upon the premises, together with
a notice of the time and place of hearing, to be held not less than
24 hours after service, directing the licensee to show cause before
the Township Manager or his designee why the license should not be
suspended or revoked.
(2)
At the hearing, the Township Manager or his designee
shall hear all of the evidence offered by the Township and the licensee
which is material to the issue and shall make a prompt determination
of its findings. If the findings be in favor of the licensee, the
charges will be dismissed; but if the findings be against the licensee,
the license issued may be revoked entirely or suspended upon such
conditions as the Township Manager or his designee may direct. In
the event of full revocation, the event licensed shall be terminated
immediately and no further outdoor carnival, circus, traveling show
or special event shall be held under the license granted therefor
and any persons remaining upon the licensed premises may be dispersed
immediately by any peace officer of the Township and by such other
persons or agents as may be properly authorized by the Township.
B.
In the event that it shall reasonably appear to the
Township Clerk of the Township or any other official designated by
the Township Council for such purpose that the number of persons gathered
or gathering upon or for entry upon the licensed premises for any
outdoor carnival, circus, traveling show or special event licensed
hereunder shall exceed the allowable number of persons allowed on
the licensed premises, the Township Clerk or other authorized official
may give notice to the licensee immediately to withhold proceeding
with the event licensed and shall then inform the Township Council
promptly of said action. The licensee may thereupon request a hearing
before the Township Council forthwith and said hearing shall be held
as promptly as possible.
C.
No licensee fee or portion thereof shall be refunded
following revocation or suspension of any license issued.
Nothing contained herein shall be deemed or
construed so as to prevent the enforcement of any other remedy at
law, concurrent or otherwise, available to the Township of Franklin
or other law enforcement authority to avoid or prevent any violation
or attempted violation of this chapter, such as but not limited to
an injunction or restraining order.
This chapter is in addition to any other law,
ordinance or regulation affecting the subject matter herein and is
not in limitation thereof.
Notwithstanding any other provisions of this
chapter, the Township of Franklin hereby reserves the right to waive
any or all sections of this chapter when it appears that the best
interest of the Township of Franklin shall be served by the waiving
of said provisions. Any waiving of said provisions shall not be considered
a precedent which would affect subsequent enforcement or nonenforcement
of the provisions of this chapter. In the event the Township of Franklin
does waive any provision, it shall be done by resolution at a regular
or special meeting of the Township Council.
[Added 3-8-2016 by Ord.
No. 4137-16]
The date of the event shall be confirmed only upon passage of
a resolution by the Township Council.
