[HISTORY: Adopted by the Township Council
of the Township of Pohatcong 4-18-2006 by Ord. No. 06-8. Amendments noted where
applicable.]
A.
A person(s), partnership, corporation, association, organization
and/or any entity desiring to hold a special event, or seasonal special
event, as defined in this chapter, upon any property, including, but
not limited to, sidewalks, roads and/or rights-of-way, whether public
or private, within the Township of Pohatcong, must first apply for
and obtain a permit from the Township Clerk in accordance with the
requirements of this chapter.
[Amended 4-19-2016 by Ord. No. 16-05]
B.
"Special event" shall include public gatherings of any nature, which
are likely to require the expenditure of Township resources in the
form of Department of Public Safety and/or Department of Public Works
salaries, wages, or the expenses. These include, but are not limited
to, concerts, festivals, parades, dances, theatrical performances,
exhibitions, and outdoor shows, which may involve the closing of a
public street or right-of-way; the blocking or restriction of public
property; the sale of merchandise, food, or beverages on public or
private property; the installation of a stage, band shell, trailer,
van, portable building, grandstand, or bleachers, on public or private
property; the placement of portable toilets on public or private property;
or placement of temporary "no parking" signs on a public right-of-way
or street. The term shall not include gatherings that are not open
to the general public, including, but not limited to, birthday parties,
graduation parties, wedding receptions, and such other similar, private
celebrations.
A.
At least 30 days prior to the scheduled date of the
special event, the person(s), partnership, corporation, association,
organization and/or any entity seeking issuance of a permit hereunder
shall file the application with the Township Clerk on a form to be
provided by the Clerk for that purpose, on which form the applicant
shall furnish the following information:
(1)
The name, address, and telephone number of the applicant.
(2)
The name, address, and telephone number of the person(s),
partnership, corporation, association, organization and/or any entity
sponsoring the event, including a contact individual in the event
further information is required.
(3)
A detailed description of the proposed event and a
sketch that would show the area or route to be used, along with proposed
structures, tents, fences, barricades, signs, banners, and rest room
facilities, more commonly referred to as a "footprint."
(4)
The date(s) and hours for which the permit is desired.
(5)
The location of the event for which the permit is
desired, and complete details as to how the applicant intends to provide
for security and traffic control.
(6)
The number of contestants, participants, spectators,
and/or other people that could reasonably be anticipated to attend
the event.
(7)
A statement indicating whether the applicant is requesting
police, fire, or ambulance coverage for the event.
(8)
Any other information which the Township Council shall
find reasonably necessary to a fair determination as to whether a
permit should be issued hereunder.
B.
An application for a permit shall be accompanied by
an application fee made payable to the Township of Pohatcong in the
amount of $50.
A.
The application shall be reviewed initially by the Chief of Police or his designee, and the Chief of Police shall provide either a verbal or written report to the Township Council during its next regularly scheduled meeting. In the event that the Chief of Police requires additional information, he shall be authorized to undertake the necessary investigation in order to provide a complete report to the Council. The Council shall make the final determination, by resolution, adopted by majority vote, whether to issue a permit for a special event, and shall set forth in the resolution such conditions and restrictions as may be reasonably necessary to ensure that the standards set forth in § 238-4 are satisfied.
B.
The Township Council may condition the issuance of
a special event permit upon the applicant remitting a sum equivalent
to the estimated expenses for police coverage, clean-up and maintenance
by the Department of Public Works and any other expense specifically
associated with the conduct of the special event. Any such deposit
required shall be remitted prior to the permit being released by the
Township Clerk. The permittee shall be responsible for all additional
costs not covered by the deposited funds with respect to any additional
resources needed, such as but not limited to manpower and/or equipment.
If the funds deposited exceed the actual cost to the Township, the
balance shall be refunded to the permittee within 30 days following
the conclusion of the event.
The standards for the issuance of a permit pursuant
to this chapter shall include the following findings:
A.
That the proposed event will not unreasonably interfere
with or detract from the general public enjoyment of any public property
to be utilized.
B.
That the proposed event and use will not unreasonably
interfere with or detract from the promotion of public health, welfare,
safety, and recreation.
C.
That the proposed event or uses that are reasonably
anticipated will not be likely to include violence, crime, or disorderly
conduct.
D.
That the facilities desired have not been reserved
for other use at the date and hour requested in the application.
A.
Liability. A permittee shall be bound by all applicable
Township ordinances, rules, and regulations, except as may be expressly
waived in the resolution granting the permit. The person or persons
to whom the permit is issued shall be liable for all loss, damage,
or injury sustained by any person whatsoever by reason of the negligence
of the person or persons to whom such permit shall have been issued.
The permittee may be required to submit to the Township Clerk prior
to the event evidence of liability insurance in an amount required
by the Township Council, naming the Township as an additional insured.
B.
Revocation. The Chief of Police shall have the authority
to revoke a permit and terminate any special event should the event
be conducted in violation of the terms set forth in the resolution
authorizing the issuance of the permit.
B.
A person(s), partnership, corporation, association,
organization and/or any entity that violates a provision of this chapter
shall be guilty of a separate offense for each day or part thereof
during which the violation is committed or continued. Each offense
shall be punishable by one or more of the following: a fine of not
more than $2,000, imprisonment for a period not to exceed 90 days
in the county jail or a period of community service not to exceed
90 days.[1]
A.
The Police Department of the Township shall, in connection
with its duties imposed by law, diligently enforce the provisions
of this chapter.
B.
The Police Department of the Township shall have the
authority to eject from public property a person(s), partnership,
corporation, association, organization and/or any entity acting in
violation of this chapter.
C.
The Police Department of the Township shall have the
authority to seize and confiscate any property, thing, or device in
or on public property used in violation of this chapter.
The Township Council may by majority vote waive
the requirements of this chapter if the event to be held does not
exceed a total of 75 participants. All events sponsored by the Township
Council, any Township board or commission, the School Board, the Volunteer
Fire Department, and all athletic events conducted by the youth association
shall be exempt from provisions of this chapter.
