[Amended 2-1-1982 by Ord.
No. 82-1; 11-26-2018 by Ord. No. 18-30]
A. When permit is required; exception.
(1) No person, partnership, association, corporation or any combination
thereof shall permit, maintain, promote, conduct, act as entrepreneur,
undertake, organize, manage, sell or give tickets to an outdoor assembly
of 2,000 or more people, whether the assembly be on public or private
property, unless a permit to hold such assembly has first been issued
by the Zoning Officer of the Township of Vernon, application for which
must be made at least 45 days in advance of the assembly. No permit,
however, shall be required for any regularly operated outdoor recreational
facility for the conduct of its usual business, as long as such activity
takes place during the hours of 8:00 a.m. to 11:00 p.m. All activities
outside the hours of 8:00 a.m. to 11:00 p.m. fall within the permit
required provision.
(2) Except as otherwise provided in Subsection
A(1), a license shall always be required for assemblies for the purpose of mass musical or public entertainment of various designations, or participation therein, including but not limited to pop festivals, rock music festivals, folk or ethnic festivals, rock and roll festivals, country and western festivals, jazz festivals, concerts or any combination thereof.
B. The prohibitions hereinabove expressed shall not include or pertain
to such assemblies, even though enumerated above, which take place
in established indoor theatres, lounges, resorts, auditoriums, convention
centers, or other indoor places licensed for public occupancy, unless
otherwise limited by applicable law.
C. Nothing herein shall be construed to limit the filing of an application
for more than one assembly over a period of one year.
[Amended 11-26-2018 by Ord. No. 18-30]
The Zoning Officer may issue a permit upon written application
made by any person, partnership, association, corporation or any combination
thereof, who propose to maintain, conduct, promote or operate an assembly
as set forth herein. No assembly for which a permit is issued shall
begin prior to 8:00 a.m. or continued after 12:00 midnight.
A. Application procedure; filing.
(1) The applicant shall file a verified application with the Zoning Officer
of Vernon Township at least 45 days prior to the date or dates upon
which the assembly is to take place. Corporate applications shall
be duly signed, attested and verified by the appropriate corporate
officers.
B. Application procedure; contents. The application shall contain the
following:
(1) Name, age, residence and mailing address of the applicant. Corporate
applications shall show the name, residence and mailing address of
each person or other corporation holding 10% or more of the stock
in said corporation.
(2) The address, block and lot number, and legal description of all property
upon which the assembly is to be held, together with the name and
address of the record owner of such property.
(3) Proof of ownership of all property upon which the assembly is to
be held or a statement under oath by the record owner or owners of
all such property for an outdoor assembly of 2,000 people or more
for the purpose set forth on the application.
(4) The specific nature and purpose of the assembly, together with a
schedule of all events or acts, and examples of the proposed advertising
of the event, if any, together with the names of all performers who
will be performing at the assembly.
(5) The dates upon which the assembly will take place and the time the
assembly will open and finish each day.
(6) The application shall be accompanied by a diagrammatic sketch or
plan of the proposed site, showing the area where the assembly will
be situated, the location and capacity of all parking areas, driveways
and roads as they relate to traffic flow, traffic control and safety.
Fire access lanes and lanes for other emergency vehicles shall be
shown on the sketch or plan.
(7) Past experience of the applicant in promoting, operating, or conducting
similar outdoor events. The applicant shall state whether any permits
or licenses for assemblies issued by this or any other governmental
agency have ever been revoked, or whether the applicant has ever received
a notice of violation from any governmental agency arising out of
the conduct of an assembly. Any lawsuits commenced against the applicant
to enjoin an assembly or to compel the applicant to provide financial
responsibility or reimbursement shall be disclosed.
[Amended 11-26-2018 by Ord. No. 18-30]
The application shall also contain the following proof of financial
responsibility and adequate insurance coverage:
A. The applicant shall submit to the Business Administrator, with his
application, a written commitment from an insurance company licensed
to do business in New Jersey, to insure the applicant, and the Township
of Vernon as a named co-insured, during such event, on account of
liability for accidental injury to one person in the amount of $300,000;
for accidental injury to two or more persons in the amount of $1,000,000;
for property damage in the amount of $1,000,000. Where it appears
that the nature or size of the event, or existence of other applicable
insurance, will not reasonably require the limits hereinabove provided,
the Township Council may fix such lesser amounts of limits or accept
such evidence of other insurance of financial responsibility as will
reasonably afford protection to the participants and to the public.
B. In addition to the insurance obligation provided for hereinabove,
the Township Council may require of the applicant, prior to the issuance
of a permit, a cash deposit in an amount sufficient to insure full
payment of its permit fees, and/or to insure prompt repair of physical
damage and collection of refuse, if same is not adequately provided
for by the applicant. Such a cash deposit may include sums sufficient
to pay for such special police officers and like personnel as may
reasonably by required by the event and for which the Township shall
bill the applicant.
C. If required, the applicant shall file a bond with the Clerk of the
Township of Vernon, either in cash or underwritten by a surety company
licensed to do business in the State of New Jersey, in the amount
of $50,000, which bond will indemnify and hold harmless the Township
of Vernon, or any of its agents, officers, servants, and/or employees,
from any liability, or any causes of action of whatever nature which
may arise by reason of the granting of the permit, and from any damage
incurred by trespass, vandalism or materials produced or left by the
assembly. At the discretion of the Mayor and Township Council the
above bond may be waived and the Mayor and Township Council may accept
a letter of indemnification from the applicant when the applicant
demonstrates assets in excess of $5,000,000 by a certified financial
statement.