[HISTORY: Adopted by the Township Committee of the Township of Delanco
8-5-1976 by Ord. No. 11-1976 (Ch. 41 of the 1971 Code). Amendments noted where
applicable.]
No person shall permit, maintain, promote, conduct, advertise, act as
entrepreneur, undertake, organize, manage or sell or give tickets to an actual
or reasonably anticipated outdoor assembly of 500 or more people, whether
on public or private property, unless a license to hold the assembly has first
been issued by the Township Committee of the Township of Delanco, application
for which must be made at least 45 days in advance of the assembly. A license
to hold an assembly issued to one person shall permit any person to engage
in any lawful activity in connection with the holding of the licensed assembly.
No license, however, shall be required for any regularly operated outdoor
recreational facility for the conduct of its normal course of business. "Normal
course of business," however, shall not include the utilization of live music
or any other event at which advance tickets are sold for a single event.
As used in this chapter, the following terms shall have the meanings
indicated:
A company of persons gathered together at any location at any single
time for any purpose.
Any individual, natural human being, partnership, corporation, firm,
company, association, society or group.
B.
The license shall permit the assembly of only a maximum
number of people stated in the license. The licensee shall not sell tickets
to nor permit to assemble at the licensed location more than the maximum permissible
number of people.
C.
The licensee shall not permit the sound of the assembly
to carry unreasonably beyond the closed boundaries of the location of the
assembly.
A.
This chapter shall not apply to any regularly established
permanent place of worship, stadium, athletic field, arena, auditorium, coliseum
or other similar permanently established place of assembly for assemblies
which do not exceed by over 250 people the maximum seating capacity of the
structure where the assembly is held.
B.
This chapter shall not apply to government-sponsored
fairs held on regularly established fairgrounds, nor to assemblies of the
Township of Delanco, nor to activities regulated by the statutes of the State
of New Jersey.
Before one may be issued a license, the applicant shall first:
A.
Determine the maximum number of people which will be
assembled or admitted to the location of the assembly, in consideration of
the nature of the assembly.
B.
Provide proof that he or she will furnish, at his or
her own expense, before the assembly commences:
(1)
A fence completely enclosing the location of sufficient
height and strength to prevent people in excess of the maximum permissible
number from gaining access to the assembly grounds, which shall have at least
four gates at least on four opposite points of the compass.
(2)
Potable water meeting all federal and state requirements
for purity, sufficient to provide drinking water for the maximum number of
people to be assembled at the rate of at least one gallon per person per day.
(3)
Separate enclosed toilets for males and females meeting
all state and local specifications and conveniently located throughout the
grounds, sufficient to provide facilities for the maximum number of people
to be assembled at the rate of at least one toilet for every 200 females and
at least one toilet for every 300 males, together with a sufficient sanitary
means of disposing of the waste matter deposited, which is in compliance with
all state and local laws and regulations. A lavatory with running water under
pressure and a continuous supply of soap, paper towels and toilet paper shall
be provided with each toilet.
(4)
A sanitary method of disposing of solid waste in compliance
with state and local laws and regulations, sufficient to dispose of the solid
waste production of the maximum number of people to be assembled at the rate
of at least 2.5 pounds of solid waste per person per day, together with a
plan for holding and a plan for collecting all such waste at least once each
day in the assembly, and sufficient trash cans with tight-fitting lids and
personnel to perform the task.
(5)
Physicians and nurses licensed to practice in New Jersey,
sufficient to provide an average medical care enjoyed by residents of New
Jersey for the maximum number of people to be assembled at the rate of at
least one physician for every 1,000 people and at least one nurse for every
1,500 people, together with an enclosed, covered structure where treatment
may be rendered, containing separately enclosed treatment rooms for each physician
and at least one emergency ambulance ready for use at all times.
(6)
If the assembly is to continue during hours of darkness,
illumination sufficient to light the entire area of the assembly at the rate
of at least five footcandles, but not to shine unreasonably beyond the barriers
of the enclosed areas of the assembly.
(7)
A free parking area inside the assembly grounds sufficient
to provide parking space for the maximum number of people to be assembled
at the rate of at least one parking space for every four persons.
(9)
Security guards, either regularly employed duly sworn
off-duty New Jersey peace officers or private guards licensed in New Jersey,
sufficient to provide adequate security for the maximum number of persons
assembled at the rate of at least one security guard for every 500 people.[2]
(10)
Fire protection, including alarms, extinguishing devices
and fire lanes and escapes, sufficient to meet all state and local standards
for the location of the assembly as set forth in the statutes of the State
of New Jersey and ordinances of this municipality and sufficient emergency
personnel to efficiently operate the required equipment.
(11)
All reasonably necessary precautions to ensure that the
sound of the assembly will not carry unreasonably beyond the enclosed boundaries
of the location of the assembly.
(12)
A bond filed with the Clerk of Delanco Township, either
in cash or underwritten by a surety company licensed to do business in New
Jersey, in the amount of $1,000,000 which indemnifies and holds harmless this
municipality or any of its agents, officers, servants and employees from any
liability or causes of action which might arise by reason of the granting
of this license and from any damage incurred by trespass, vandalism or otherwise
and from any costs incurred in cleaning up any waste material produced or
left by the assembly.[3]
A.
Applications for a license to hold an actual or anticipated
outdoor assembly of 500 or more persons shall be in writing to the governing
body of this municipality at least 45 days in advance of such assembly. The
application shall contain a statement made upon oath or affirmation that the
statements contained therein are true and correct, to the best knowledge of
the applicant, and shall be signed and sworn to or affirmed by the individual
making application. In the case of an individual, signing of the application
shall be by a natural human being, by an officer in the case of a corporation,
by all partners in the case of a partnership or by all officers of an unincorporated
association, society or group or, if there are no officers, by all members
of such association, society or group.[1]
B.
The application shall contain and disclose:
(1)
The name, age, residence and mailing address of all persons required by § 127-6A to sign the application and, in the case of a corporation, a certified copy of the certificate of incorporation, together with the name, age, residence and mailing address of each person holding 10% or more of the stock in said corporation.
(2)
The name, age, residence and mailing address of all persons
contributing $500 or more to the production of said assembly.
(3)
The address and legal description of all property upon
which the assembly is to be held, together with the name, residence and mailing
address of the record owner or owners of all such property.
(4)
Proof of ownership of all property upon which the assembly
is to be held or statement made upon oath or affirmation by the record owner
or owners of all such property that the applicant has permission to use such
property for an outdoor assembly of 500 or more persons.[2]
(5)
The nature or purpose of the assembly.
(6)
The total number of days and/or hours during which the
assembly is to last.
(7)
The maximum number of persons the applicant shall permit
to assemble at any time is not to exceed the maximum number which can reasonably
assemble at the location of the assembly, in consideration of the nature of
the assembly.
(8)
The maximum number of tickets to be sold, if any.
(9)
The plans of the applicant to limit the maximum number
of people permitted to assemble.
(10)
The plans for fencing the location of the assembly and
the gates contained in such fence.
(11)
The plans for supplying potable water, including the
source, amount available and location of outlets.
(12)
The plans for providing toilet and lavatory facilities,
including the source, number and location, type and means of disposing deposits
of waste.
(13)
The plans for holding, collecting and disposing of solid
waste material.
(14)
Plans to provide medical facilities, including the location
and construction of the structure, the names and addresses and also availability
of all physicians and nurses and provisions for emergency ambulance service.
(15)
The plans, if any, to illuminate the location of the
assembly, including the source, amount of power and the location of land.
(16)
The plans for parking vehicles, including size and location
of lots, points of highway entry and interior roads, including routes between
highway access and parking lots. Approved state permits must be furnished.
(17)
The plans for telephone service, including the source,
number and location of telephones.
(18)
The plans for security, including the number of guards,
the deployment, their names, addresses, credentials and hours of availability.
(19)
The plans for fire protection, including the number,
type and location of all protective devices, including the alarms and extinguishers,
and the number of emergency fire personnel to operate the equipment.
(20)
The plans for sound control and sound amplification,
if any, including the number, location and power of the amplifiers and speakers.
(21)
The plans for food concessions and concessionaires who
will be allowed to operate on the grounds, including the names and addresses
of all concessionaires and their license or permit numbers.
C.
The application shall include the bond required in § 127-5B(12) and the license fee.
A public hearing shall be held on each application before each license
shall be issued.
The application for a license shall be processed within 21 days of receipt
and shall be issued if all conditions are complied with.
The license may be revoked by the governing body of this municipality
at any time if any of the conditions necessary for the issuance of or contained
in the license are not complied with or if any condition previously met ceases
to be complied with.
A.
The provisions of this chapter may be enforced by injunction
in any court of competent jurisdiction.
B.
The holding of any outdoor assembly in violation of any
provision or condition contained in this chapter shall be viewed a public
nuisance and may be abated as such.
C.
The penalties of this section shall apply to the owner
of the premises in which the event was held or scheduled to be held, as well
as the entrepreneur, licensee, tenant or other person having actual control
in the management of said event.
