Township of North Brunswick, NJ
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council 6-7-1999 by Ord. No. 99-16. Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 69.
Alcoholic beverages — See Ch. 106.
Amusement devices — See Ch. 109.
Auctions and auctioneers — See Ch. 116.
Bingo and raffles — See Ch. 131.
Exhibitions, shows, theatrical places — See Ch. 168.
Littering — See Ch. 216.
Peace and good order — See Ch. 238.

§ 166-1 Definitions.

The following words and terms used in this chapter shall have the meanings set forth below unless the context clearly indicates otherwise:
PUBLIC ENTERTAINMENT
Any event, including but not limited to a circus, carnival, fair, festival, concert or exhibition, expected to be attended by 1,000 or more people at any one time.

§ 166-2 Special permit required; prohibitions.

A. 
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 of North Brunswick, 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 permit issued therefor by the Township of North Brunswick as hereinafter provided.
B. 
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 of North Brunswick 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 the Director of Public Safety as hereinafter provided.

§ 166-3 Applications; procedure for granting special permits; fee.

[Amended 3-21-2005 by Ord. No. 05-5; 6-1-2010 by Ord. No. 10-14]
A. 
The Director of Public Safety shall issue a special permit herein upon written application made by such person, partnership, association or corporation or combination thereof who proposes to maintain, conduct, promote or operate such public entertainment, together with the owner, lessor or licensor who proposes to rent, lease, license or otherwise permit such public entertainment, hereafter designated as the “applicant.”
(1) 
The applicant shall file a verified application with the Director of Public Safety at least 15 days before the first day of advertising and at least 30 days before the first day of the public entertainment.
(2) 
If required by law, the applicant shall file a verified application with the Mass Gathering Review Board pursuant to the provisions of N.J.S.A. 5:11-1 et seq.,[1] the Mass Gathering Act, at least 15 days before the first day of advertising and at least 30 days before the first day of the public entertainment.
[1]
Editor's Note: N.J.S.A. 5:11-1 through 5:11-14 were repealed by L. 2007, c. 39, § 1, effective 1-29-2007.
B. 
All applications shall be in such form as prescribed hereunder and shall be accompanied by the required filing fee of $1,000, the proceeds of which shall be applied against the charge for administrative costs incurred and for any municipal services provided in support of the event. This filing fee may, in the discretion of the Director of Public Safety or his or her designee, be waived or partially waived for bona fide nonprofit service organizations, qualified charities, qualified religious organizations and units of state and local government.
C. 
The Director of Public Safety shall, within 30 days, issue a permit upon such terms and conditions to ensure the public health, safety and welfare. If the Director of Public Safety rejects the application, he or she shall set forth in writing the reason for the rejection.

§ 166-4 Application information.

A. 
The application shall be signed by all persons having a financial interest in the event and by the property owners on whose property the proposed event is to take place.
B. 
The permit application shall include the following information:
(1) 
The applicant's full name, residence, telephone number, post office address and whether such applicant is an individual, partnership, firm, corporation or a governmental unit or agency of the state or local government. All applicants shall submit a financial statement with their application, except that such statement shall not be required of a unit of state or local government.
(2) 
A diagrammatic sketch plan of the proposed site of the public entertainment showing the locations and dimensions of the proposed service roads, potable water facilities, sanitary facilities, sewage disposal facilities, medical service facilities, distribution of security personnel and provisions for food storage, as well as camping facilities and projected plans for enclosure, if necessary, of the proposed site.
(3) 
A statement of the purposes of the gathering and a program of events scheduled.
(4) 
If the property on which the gathering is to take place is not owned by the applicant, then the names of the lessor or licensor and a copy of the lease or license between the owner and the applicant.
(5) 
A statement of the number of persons expected to attend such event and the duration of such attendance.
(6) 
The specific details, including certified copies of contracts entered into or provisions relating to:
(a) 
Food and drink.
(b) 
Sanitary facilities.
(c) 
Transportation and parking facilities.
(d) 
Security and protection of surrounding area, including specific reference to the number of guards or special police assisting in the control of traffic and supervision of those attending. The contract should indicate the number of security guards in shifts to cover the event from a period of three days prior to the event until the area is cleaned and evacuated after the event. Such provisions shall be reviewed and approved by the Director of Public Safety.
(e) 
On-site medical facilities and hospital care.
(f) 
Janitorial services and post-gathering trash removal. A contract indicating the number of janitorial and clean-up personnel in shifts to cover the area prior to the event, during the event and until the area is evacuated.
(g) 
Outline of the action to be taken to ensure the cleanup and restoration of the area at which such event takes place within 48 hours after the close of the event.
(h) 
Provisions for fire prevention and safety as recommended and approved by the Township Fire Official.
(7) 
A statement containing the names of licensed ticket printers to be used and the plans for assuring the return of monies upon the termination or cancellation of the events as well as the means of notifying potential and existing ticket holders of such cancellation.
(8) 
Examples of proposed advertising of the event, if any.
(9) 
Bond or other arrangement.
(a) 
A certified copy of a bond or verified evidence of other suitable financial arrangements, as hereinafter required, must be attached to the application, to include:
[1] 
Reimbursement to ticket purchasers in the event of termination or cancellation of the event or failure of the applicant to conduct the event as proposed and advertised.
[2] 
Cleanup and restoration of the area at which such event takes place, within 48 hours after the close of the event.
[3] 
Payment to any volunteer organizations of the Township who have agreed to provide services for the event.
(b) 
Said bond or other suitable financial arrangements shall be in accordance with the following formula: number of tickets printed, times admission fee for each ticket printed plus $2 per printed ticket equals minimum amount of bond or other security.
(10) 
An insurance policy covering liability, personal property and bodily damage in such amounts to be fixed by the Director of Public Safety.
C. 
Designated representatives of the Township Department of Public Safety, Fire Department and Health Department shall be permitted to inspect at any time the site of the event for the purpose of investigating the application and for the purpose of ensuring compliance with the provisions of this chapter.
D. 
The applicant, prior to the event, shall post a bond suitable to the Director of Public Safety as the amount and surety, pursuant to Subsection B(9) above.
E. 
A fee of $1,000 shall accompany each application unless exempt under § 166-3B.

§ 166-5 Hours of operation.

A. 
All public entertainment events shall cease operations no later than 12:00 midnight.
B. 
All applicants shall be subject to the North Brunswick Township Noise Ordinance,[1] except that loudspeakers shall be permitted to be utilized up to the hour of 12:00 midnight.
[1]
Editor's Note: See Ch. 238, Art. II, Noise.

§ 166-6 Compliance with Township ordinances.

All applicants shall be subject to North Brunswick Township Zoning Ordinance[1] and shall secure necessary approvals from the North Brunswick Township Zoning and/or Planning Board if warranted.
[1]
Editor's Note: See Ch. 205, Land Use.

§ 166-7 Appeal process.

A. 
Denial of a public entertainment permit by the Public Safety Director shall be appealable to the North Brunswick Township Council no later than 10 days from the date of denial.

§ 166-8 Responsibility of applicant for cost of all services required.

[Amended 6-1-2010 by Ord. No. 10-14]
A. 
The applicant shall be required to pay for the cost of all municipal services, including, but not limited to, public works, parks, recreation and community services, Office of Emergency Management and extra-duty police force services, that are required to accommodate the entertainment activity. All invoices for such municipal services rendered (except for extra-duty police services, the procedures for which are set forth hereinbelow), shall be due and payable within 30 days of the date of the invoice. Payments not received within such time period shall incur an additional interest in the amount of 1.5% per month, compounded.
B. 
Extra-duty services, police force. Any extra-duty police force services required for the entertainment activity shall require all applicants to enter into a contract with the Township for extra-duty police services in accordance with the terms and conditions pursuant to § 69-21 et seq. of the Code of the Township of North Brunswick as follows:
§ 69-24. Assignments.
The Chief of Police shall be responsible for the assignment of all extra-duty police related activities and the billing of all compensation due the Township. The Chief of Police shall be authorized to designate other members of the Police Department as needed to assist him in the assignment of extra-duty police related activities. The specific procedure for assignment shall be in accordance with the collective negotiated agreement between the Township and Policeman's Benevolent Association, Local No. 160.
§ 69-25. Contract with private entities; information required.
Any private person or entity desiring to retain the services of police officers of the Township of North Brunswick for extra-duty work shall be required to enter into a contract with the Township of North Brunswick. Said contract shall include, but not be limited to, the nature of duties to be performed, the location of said duties, the date and hours of service, the rate of payment for services to the officers, administrative fees to the Township and fees, if any, for the use of Township-owned equipment. The contract may also provide for deposits in advance by the contractor for services to be performed. The Director of Police is hereby empowered to execute a contract for extra-duty police related activities on behalf of the Township of North Brunswick in accordance with this chapter.
§ 69-26. Payment for extra-duty assignments.
All private persons or entities shall be required to make all payments for extra-duty assignments payable to the Township of North Brunswick to the Treasurer of the Township of North Brunswick. The Treasurer shall deposit the moneys collected from said private persons or entities for payment of the extra-duty officers into a special trust fund. All members of the Police Department shall be paid for services performed on the regular pay date, upon submission of a pay slip approved by the Director of Police or his designee and properly authorized by the private person or entity. The hourly rate for police officers shall be set by the Policeman's Benevolent Association, Local No. 160, as submitted to the Business Administrator.
§ 69-27. Administrative fee.
A.
An administrative fee of 11.5% of the hourly rate shall be added and remitted to the Township of North Brunswick to cover the additional cost of both time and materials expended in the administration of payment to police officers for extra-duty assignments. Use of a police car shall be charged at $4 per hour and remitted to the Township with all other charges.
B.
The North Brunswick Policeman's Benevolent Association (PBA) will negotiate the rate of pay for each off-duty contract with the vendor and will certify the rate to the Chief Financial Officer. The administrative charge will be in addition to the negotiated rate. All off-duty contracts negotiated by the North Brunswick PBA will be submitted to the Township Council of the Township of North Brunswick for review prior to execution between the North Brunswick PBA and the vendor. The PBA designee will perform administrative duties, including receiving off-duty assignments from vendors, posting and filling assignments, billing vendors and collecting from vendors and bringing deposits to the financial office.
§ 69-28. Insurance.
Each private person or entity who shall employ extra-duty officers pursuant to this chapter shall be responsible for maintaining his or her own insurance coverage. Said insurance coverage shall include, but not be limited to, general liability and automobile. Proof of said insurance coverage shall be provided to the Township of North Brunswick prior to the assignment of any officer(s) to said private person or entity.