Township of Blairstown, NJ Chapter 84 Concerts, Festivals and Outdoor Events

[HISTORY: Adopted by the Township Committee of the Township of Blairstown as Sec. 4-1 (Ord. No. 115) of the Revised General Ordinances. Amendments noted where applicable.]

§ 84-1 Definitions.

[Amended 8-9-2017 by Ord. No. 2017-03]

As used in this chapter, the following terms shall have the meanings indicated:

OUTDOOR EVENT

A public gathering of any nature that 1) is likely to require the expenditure of Township resources in the form of police and/or Department of Public Works salaries, wages, or other expenses, and 2) will close, block or restrict, in whole or in part, any public street. These include, but are not limited to, concerts, festivals, parades, dances, theatrical performances, exhibitions, and outdoor shows.

PERSON

Shall include all individuals, partnerships, corporations, associations, and all other organizations and/or any entities of any form desiring to hold an outdoor event as defined in this chapter upon any public property, sidewalk, road and/or right-of-way, within the Township of Blairstown.

§ 84-2 License required; exceptions.

[Amended 8-9-2017 by Ord. No. 2017-03]

A. License required. No person shall hold an outdoor event within the Township without first having obtained a license.

B. Exceptions. The provisions of this chapter shall not apply to any of the following:

(1) The Township of Blairstown or any agency thereof;

(2) Parties and gatherings on private property, including, by way of example but not by way of limitation, birthday parties, weddings, graduations, anniversaries, and other such similar events;

(3) Outdoor events held by the Blairstown Township Volunteer Fire Company or the Volunteer Blairstown Ambulance Squad at property owned by these organizations;

(4) Outdoor events held by the Blairstown Township Elementary School or the North Warren Regional High School at property owned by the respective schools;

(5) The following traditional holiday events:

(a) The annual Halloween parade.

(b) The Fourth of July celebration.

(c) Jingle on Main Street.

(d) The Memorial Day parade.

(6) Events at public parks or other public property for which a facilities use permit has issued.

§ 84-3 Waiver of requirements.

[Amended 8-9-2017 by Ord. No. 2017-03; 3-14-2018 by Ord. No. 2018-03]

A. The Township Committee may waive the requirements of this chapter for any event conducted by the Blairstown Elementary School, North Warren Regional High School, or any religious or charitable nonprofit organization upon written request and in its sound discretion, based upon the recommendation of the Police Department and a determination that the event will not adversely affect the public health, safety and welfare.

B. Waiver of the application fee shall be once per calendar year per applicant organization.

§ 84-4 Application.

An application for license hereunder shall be signed by the person, persons, or parties responsible and filed in triplicate, with the Township Clerk accompanied by the fee payable hereunder. The applicant shall set forth in the application for license the following information:

A. The names and addresses of the person or persons, or in the case of a corporation, the names and addresses of the president, vice president, secretary, treasurer and director or trustees, responsible for conducting the outdoor shows, concerts, festivals, dances, theatrical performances, exhibitions, or any public gatherings for purposes of amusement sought to be licensed.

B. The type of performance desired to be conducted and a statement of the purposes of the exhibition or performance, whether for pecuniary profit or charitable purposes, and if charitable a statement of the charity or charities to be benefited.

C. A description of the lands or premises sought to be licensed which shall include a description of the boundaries sought to be licensed.

D. Whether the premises are owned by the applicant, or if not owned, then the names and addresses of the lessor or licensor and the terms of the lease or license.

E. A designation of the portion of the premises intended to be used for the parking of automobiles, including a statement in acres or square feet of the area to be devoted to this purpose.

F. A map or sketch showing the entire area sought to be licensed and delineating thereon the portion to be used for the parking of automobiles, and further showing driveways or means of access to and from the premises, and the names of all adjoining owners of the premises to be licensed.

G. A statement of the number of persons to be engaged in the exhibition or performance sought to be licensed and, in addition, a statement of the number of spectators anticipated to watch or observe the exhibition or performance.

H. A fee of $100 shall be paid upon filing the application to be applied by the Township toward its expense in investigating the applicant, which fee shall not be refunded whether license is issued or denied.

[Amended 8-9-2017 by Ord. No. 2017-03]

§ 84-5 Investigation; written report.

[Amended 8-9-2017 by Ord. No. 2017-03]

Upon the filing of an application for an outdoor event license, the Clerk shall refer the application to the Police Department for review and recommendation, including any recommendation for the use of police officers for traffic control or other public health and safety issues and the estimated cost.

§ 84-6 Standards for license issuance.

[Amended 8-9-2017 by Ord. No. 2017-03; 3-14-2018 by Ord. No. 2018-03]

A. The standards for issuance of a permit pursuant to this chapter shall include the following findings:

(1) That the proposed event will not unreasonably interfere with or detract from the general public enjoyment of any public park, roadway, or other public property proposed to be utilized.

(2) That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety, and recreation.

(3) That the proposed activity or uses that are reasonably anticipated will not be likely to include violence, crime, or disorderly conduct.

B. The licensee shall ensure that any Township department or agency that wishes to occupy a space, booth or table at the event is permitted to do so without fee or cost to that department or agency.

§ 84-7 (Reserved) [1]

[1] Editor's Note: Former § 84-7, Written authorization for inspection by Township, was repealed 8-9-2017 by Ord. No. 2017-03.

§ 84-8 Comprehensive liability insurance required.

[Amended 8-9-2017 by Ord. No. 2017-03]

The Township may condition the issuance of any license upon the applicant submitting evidence of adequate liability insurance for the event and, where recommended by the Township Attorney, naming the Township as an additional insured.

§ 84-9 Review of application; decision by Township Committee.

[Amended 8-9-2017 by Ord. No. 2017-03]

A. Three applications for a license shall be submitted to the Township Clerk with all accompanying documentation at least 90 days prior to the proposed date for the outdoor event.

B. The application shall be circulated by the Township Clerk to the Police Department and, if applicable, to the DPW Supervisor for review/recommendation. The application shall be scheduled for consideration by the Mayor and Township Committee at the next regularly scheduled meeting of the Township Committee that is at least 30 days subsequent to the receipt of the application.

C. The applicant shall submit at least 10 days prior to the Township Committee meeting at which the application shall be heard proof that:

(1) Notice stating the date, time and place of the Committee meeting and a description of the location and the outdoor event proposed to be held has been published in the official newspaper of the Township;

(2) A good faith effort has been made to notify all business owners and commercial and residential tenants of any property that would be affected by the closure, such proof to consist of a list of businesses notified signed by a representative of each business; and

(3) Posting of notice of the event stating date, time, place and description, at the post office.

[Amended 5-9-2018 by Ord. No. 2018-09]

D. The Township Committee shall review the application and the report/recommendations of the Police Department and the DPW at the public meeting and shall open the application to public comment. The Committee shall either:

(1) Approve the application by motion incorporating any conditions and restrictions determined to be reasonably necessary to ensure compliance with the standards set forth in this chapter;

(2) Continue the hearing on the application to the next regular public meeting, in the event additional information is required; or

(3) Deny the application.

§ 84-10 Violations and penalties.

[Amended 8-9-2017 by Ord. No. 2017-03]

Any person that commences or conducts an event without a permit, without a license or fails to comply with any requirement or provision of an event license issued pursuant to 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 $1,250, imprisonment for a period not to exceed 90 days in the county jail or a period of community service not to exceed 90 days.

§ 84-11 Enforcement.

[Amended 8-9-2017 by Ord. No. 2017-03]

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. Any property seized or confiscated shall be disposed of in the sole discretion of the Police Department, unless retrieved by the owner thereof, within 30 days.[1]

[1] Editor's Note: Former §§ 84-12, Limitation of persons and vehicles; 84-13, Conduct of licensees; 84-14, Behavior of patrons; 84-15, Inspections by state police or authorized persons; 84-16, Traffic; 84-17, Licensee to hire personnel to maintain order; 84-18, Revocation or suspension of license; 84-19, License fees not returnable after license revocation or suspension; and 84-20, Service of notices, all of which immediately followed this subsection, were repealed 8-9-2017 by Ord. No. 2017-03.