[HISTORY: Adopted by the Township Council
of the Township of Greenwich 10-20-2003 by Ord. No. 15-2003. Amendments noted
where applicable.]
It shall be unlawful for any person, firm or
corporation to conduct a fair, carnival, or similar special event
or to utilize or occupy a nonconforming, temporary structure for such
events without first having made application for and having received
a permit issued by the Greenwich Township Administrator.
The following terms shall have the meanings
indicated:
Includes a transient outdoor show or circus, where exhibitions
are conducted in a temporary structure and utilized as a place of
amusement or recreation by the public.
Includes an outdoor function conducted for the sale of food
or food products and other miscellaneous goods, wares, handicrafts,
and merchandise, provided that "garage sales" or "yard sales" conducted
on owner-occupied residential property shall not be deemed a "fair"
requiring a temporary use permit under this chapter.
The Township Administrator is authorized to
issue a temporary use permit for a nonconforming structure or use
in connection with a fair, carnival, or similar special event or for
use of a portable building to be used in conjunction with such special
events as well as similar temporary uses which the Township Administrator
deems beneficial to the public health or general welfare, provided
that such nonconforming structure or use complies with this chapter
and that such nonconforming structure or use be completely removed
or terminated upon expiration of the permit without cost to the Township.
A temporary use permit shall be limited for
a specific period of time coincident with the special use for which
the permit is sought. The permit expires one year of the date of issuance
if not utilized during that period.
A.
Prior to issuance of a temporary use permit, an application,
on forms approved by the Township Administrator, shall be submitted
to the Township Clerk by the owner or authorized agent of the owner(s)
of the premises that shall be the site of the temporary use. The application
shall contain the following information and shall be accompanied by
the following:
(1)
A nonrefundable fee of $25 to be submitted with the
application filed with the Township Clerk.
(2)
A complete description of the temporary use sought,
including the dates and total number of days necessary for setting
up, operating, and terminating the fair, carnival or similar special
event and cleaning up of the site where the special event was held.
(3)
Identification of the premises by reference to the
Official Tax Map of the Township of Greenwich.
(4)
Where the nature of the application anticipates solicitation
of a number of patrons and/or guests, requiring traffic controls and
crowd management, applicant shall guarantee the provision of a sufficient
number of security guards and traffic management personnel to ensure
proper ingress and egress to the premises in question and management
of crowds on said premises.
(5)
A guaranty that a certificate of insurance shall be
filed with the Township Clerk on or before 10 days of commencement
of the temporary use. The certificate of insurance shall insure the
applicant against all claims with coverage limits in the amount of
$100,000 per person and $300,000 per accident.
(6)
A statement that applicant warrants and holds harmless
the Township of Greenwich from any and all claims of whatsoever kind
and nature arising from the use of the subject property by the applicant
and its patrons and/or social guests pursuant to the temporary use
permit. The hold harmless statement shall also provide that in the
event of a successful claim against the Township arising from any
of the foregoing, applicant shall indemnify the Township for any loss
incurred, including counsel fees and costs of suit.
(7)
Such other information as may be required by the Township
Administrator in order to safeguard the public health, safety and
welfare of the residents of Greenwich Township in light of the nature
of the temporary use application being made.
B.
Nothing in this section shall be construed in any
fashion whatsoever as limiting the liability of those responsible
for the management and operations of the event, including the employment
of adequate personnel for security, safety, health and sanitation.
C.
The Township Administrator, after consultation with the Chief of Police, Zoning Officer and Construction Official may impose such additional conditions or privileges (including extension of the hours of operation permitted under § 586-6 of this chapter) as he deems necessary in order to protect the public health, safety and welfare, especially in relationship to traffic management, parking of vehicles and the use of temporary or portable buildings required for the event.
D.
Nothing in this section shall be construed in any
fashion whatsoever as excusing or waiving the responsibility of the
owner, operator and/or sponsor of the event from obtaining any other
permit required by law for the activity to be conducted on the premises,
which is the subject of the temporary use permit application.
B.
The owner, operator and/or sponsor of such carnival,
fair, or similar special event shall not permit unnecessarily loud
noises to issue from the premises on which such carnival, fair, or
special event is located.
C.
Sanitation. Within 12 hours of the termination of
the carnival, fair, or similar special event, the owner, operator
and/or sponsor shall remove any litter and rubbish from the grounds
used and any street or alleys adjacent thereto.
Any person found guilty of violating any of
the provisions of this chapter, upon conviction thereof in a Municipal
Court proceeding, shall be subject to the payment of court costs and
a fine of not more than $500 and, in default of the payment thereof,
shall be subject to imprisonment for a period not exceeding 30 days.
The Greenwich Township Zoning Officer, an officer of the Greenwich
Township Police Department, or the Township Administrator are hereby
designated as municipal officers assigned the responsibility of enforcing
this chapter and filing a Municipal Court complaint in order to achieve
enforcement. Nothing contained herein shall prevent the Greenwich
Township Council, in the exercise of its discretion, of authorizing
the Township Attorney to seek injunctive or other relief for violation
of the terms of this chapter.
