Borough of Emerson, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Emerson 8-21-2007 by Ord. No. 1329. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 190.
No person shall start or participate in a street closing unless a permit therefor shall have been issued by the Borough Clerk after approval thereof in accordance with the provisions of this chapter.
A. 
A person seeking issuance of a permit under this chapter shall file a written application with the Borough Clerk not less than 15 business days before the proposed street closing, which shall include:
[Amended 8-3-2010 by Ord. No. 1412]
(1) 
The name, address and phone number of the applicant.
(2) 
The type of event for which the street will be closed.
(3) 
A map showing the street or streets to be closed off.
(4) 
The day and hours for which the permit is desired.
(5) 
The signature of the applicant whereby he/she agrees to abide by all Borough rules pertaining to block parties/street closings and to inform all event participants of said rules.
(6) 
An attached form with the signature of one adult from each household within the street or section of the street to be closed, stating his/her approval or disapproval of the proposed street closing.
(7) 
A hold harmless agreement completed and signed by the person filing the application, which agrees to indemnify and hold the Borough of Emerson, its officers, agents and employees harmless from any and all liabilities, claims, costs and attorneys' fees arising out of the use of the closed street and a copy of the declaration page of an applicant's homeowner insurance policy.
B. 
A payment in the amount of $10 for the filing of the application shall be required.
C. 
The Borough Clerk shall place the issuance of the permit on the consent agenda of the next scheduled meeting of the Mayor and Council.
A. 
The Borough Clerk shall approve the issuance of a permit for a street closing when, from consideration of the application and from such other information as may be obtained, the Borough Clerk finds that:
[Amended 8-3-2010 by Ord. No. 1412]
(1) 
The conduct of the event for which the street will be closed will not substantially interrupt the safe and orderly movement of other traffic contiguous to the closed street, nor unreasonably interfere with or detract from the promotion of public health, welfare and safety.
(2) 
The event for which the street will be closed will not require the diversion of Borough employees so as to prevent the furnishing of essential police, fire and health services in the Borough.
(3) 
The event for which the street will be closed will not be held for the sole purpose of advertising any commercial products, goods or events and is not designed to be held purely for private profit.
(4) 
The applicant has received signatures representing a majority of the households within the street or section of the street to be closed approving the street closing.
B. 
The Borough Clerk's approval of an issuance of a permit shall be subject to the review and approval of the Borough's Chief Law Enforcement Officer or his/her designated law enforcement officer in consultation with the Department of Public Works and copy of permit be distributed to Borough emergency services departments.
[Amended 8-3-2010 by Ord. No. 1412]
C. 
No permit shall be issued for a block party or other street closing event which would begin before the hour of 12:00 p.m. or end after the hour of 10:00 p.m. of the day of the event.
[Amended 8-3-2010 by Ord. No. 1412]
The Borough Clerk shall act upon the application by approving or denying the issuance of a permit, subject to the approval of the Chief Law Enforcement Officer or his/her designee and the DPW Superintendent, within 15 days of complete application. If the application is denied, the Borough Clerk shall forthwith notify the applicant and provide him or her with the reasons for denial.
A. 
Each permit issued under this chapter shall state the following information:
(1) 
The name of the person to whom the permit was issued.
(2) 
The date of the street closing.
(3) 
The approved starting and finishing time.
(4) 
The street or section of the street to be closed.
(5) 
Such other information as the Borough Clerk or other Borough officials may deem necessary.
B. 
The Borough Clerk shall keep a record of every permit issued under this chapter.
Every permit issued under this chapter shall terminate at the finishing time set forth in the permit as required by § 112-5, unless sooner revoked or suspended for cause.
[Amended 8-3-2010 by Ord. No. 1412]
Each permit issued under this chapter shall be valid only for the street or section of the street designated therein and to the person whose name is set forth in the permit. No permit shall be transferable except by consent of the Borough Clerk upon consultation with appropriate Borough officials.
The holder of a permit under this chapter shall comply with all permit directions and conditions, with all rules promulgated by the Borough for block parties/street closings, and with all applicable laws and ordinances, including, but not limited to, noise ordinances.[1] The permittee shall post a copy of the Borough's block party rules and conditions in a location that can easily be viewed by all participants throughout the duration of the event.
[1]
Editor's Note: See Ch. 190, Noise.
The applicant for the street closing permit shall carry the permit upon his or her person throughout the duration of the block party/street closing.
[Amended 8-3-2010 by Ord. No. 1412]
Permits issued under this chapter may be suspended or revoked by the Borough Clerk or the Chief Law Enforcement Officer upon any of the following grounds:
A. 
Violation of the directions or conditions of the permit.
B. 
Making false statements or giving false information in the application.
C. 
Violation of the Borough's rules for block parties/street closings.
D. 
Violation of any provision of this chapter.
E. 
Violation of any applicable statute of this state or ordinance of the Borough.
Any person convicted of a violation of this chapter shall be liable to a penalty of not more than $500 or imprisonment for a term not exceeding 90 days, or both. This chapter shall be enforceable by the Emerson Borough Police Department.