[HISTORY: Adopted by the Township Council
of the Township of Manchester 9-27-2004 by Ord. No. 04-027. Amendments noted where
applicable.]
GENERAL REFERENCES
Garage sales — See Ch. 210.
A.
There is hereby established a special events ordinance
to regulate outdoor picnics, concerts, festivals, shows, dances, exhibitions
and other public gatherings of more than 50 persons on private property
within the Township of Manchester. This shall not apply to any outdoor
gathering by the Township of Manchester itself or any agency thereof,
by the school district thereof or by any police or fire company or
first aid squad within the Township of Manchester which receives financial
support from the Township, or by any established church or any other
nonprofit or charitable organization or family gathering. This chapter
shall not apply to established permanent indoor structures, theaters,
lounges, resorts, auditoriums, convention centers or other indoor
places licensed for public occupancy, unless otherwise limited by
applicable law.
B.
A single applicant may seek a permit for more than
one outdoor event when the applicant seeking the multiple permits
is the same and the assemblies are to be held at the same location
for a substantially similar purpose. Where one application for multiple
assemblies is filed, the permitting fees shall be payable for each
event. No event shall be held within two weeks of any other such event.[1]
The Township Council may waive the permit requirements
if it is found that the outdoor activity will not, in any way, affect
the health, welfare and safety of the Township.
An application for a permit shall be signed
by the person, persons, or parties responsible and filed in triplicate
with the Township Clerk accompanied by the fee payable hereunder at
least 60 days prior to the planned event. The applicant shall set
forth in the application for permit 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 event or any public gathering for purposes
of amusement sought to be permitted.
B.
The type of event to be conducted and a statement
of the purposes of the event, whether for pecuniary profit or charitable
purposes, and if charitable, a statement of the charity or charities
to be benefitted.
C.
A description of the lands or premises sought to be
approved, which shall include a description of the boundaries sought
to be approved, the block and lot of the premises and proof of ownership.
D.
Whether the premises is owned by the applicant, or
if not owned, then the names and addresses of the lessor or permitter
and the terms of the lease or permit.
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 approved 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 approved. The effect on traffic in the area
of the event as caused by the event shall be calculated. The parking
and traffic effects shall be submitted 30 days prior to the planned
event.
G.
Plans for emergencies shall be submitted 30 days prior
to the planned event. The plan shall indicate how all the attendees
will be removed from the site in the event of an emergency.
H.
A statement of the number of persons to be engaged
in the outdoor event to be approved and, in addition, a statement
of the number of spectators anticipated to watch or observe the exhibition
or performance.
I.
A fee of $500 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 if the application
is issued or denied.
J.
The specific nature of the outdoor event, together
with a schedule and names and addresses of all events or acts. All
advertising and public announcements concerning the outdoor event
shall include a statement that no alcoholic beverages or controlled
dangerous substances are permitted into or on the site.
K.
The dates upon which the event will take place and
the time the event will open and conclude each day.
L.
Copies of all contracts and/or agreements between
the applicant, the owner and all other persons or entities who have
any interest or involvement in the event for whatever purpose and/or
to ensure compliance with all existing ordinances of the Township
of Manchester or any laws/regulations of the State of New Jersey.
M.
The applicant shall state whether any permits or licenses
for events issued by this or any other governmental agency have ever
been revoked. The applicant shall also disclose in detail all experience
of the applicant in similar events.
Upon filing of the application, the Clerk shall
refer a copy of the application promptly to the Mayor, Chief of Police,
Fire Chief, Board of Health, Construction Official, Township Attorney
for investigation of the matters in the application. A written report
shall be made to the Township Council of the result of such investigation
by any such officer or agent designated by the Mayor within 30 days
from the filing of the application.
No permit shall be issued unless it is clearly
shown that the following are provided for:
A.
Toilet facilities adequate for the capacity of the
planned event. These facilities shall be so located as to be conveniently
available and shall be so constructed and maintained that they will
not be offensive. Toilet facilities for groups of people consisting
of both sexes shall be so arranged that the facilities shall be separate
for each sex. No privy shall be so located or constructed that it
will leak, or seepage possibly pollute a water supply, surface water
or adjacent ground surface and shall be constructed in accordance
with the requirements of the State Department of Health and shall
be maintained so that it will not permit access of fluid to the privy
vault.
B.
Adequate facilities for satisfactory disposal or treatment
and disposal of sewage shall be maintained. Such facilities shall
meet with the standards and requirements of the Township and the Board
of Health and the State of New Jersey.
C.
Adequate supply of food including provisions for sanitary
storage, handling and protection of food and beverages until served
or used. A showing must be made that, where food is to be prepared
or consumed, there are facilities for washing, disinfecting and storing
dishes and food utensils.
D.
Adequate off-street and off-road facilities for contemplated
number of people attending the outdoor event. Parking space shall
be provided for at least one car for every four persons in attendance.
E.
Adequate camping and housing facilities for the contemplated
number of people in attendance, if it is contemplated that the event
shall extend from one day to another.
F.
An adequate number of access roads to and from the
site of the assembly or use.
G.
The plans shall include the illumination of the location
of the event and the pedestrian walkway and parking areas, including
the source, amount of power and the location of the illumination.
The source of the illumination shall not create a nuisance to the
neighboring residential areas.
H.
The plans for supplying sound control and sound amplification,
if any, including the number, location and power of the amplifiers
and speakers, together with the applicant's proposal to confine the
sound to the area of the event. The sound levels shall comply with
all local and state regulations, statutes and ordinances.
No permit shall be issued unless the owner and
his tenant or lessee, if any, shall furnish the Township with written
authorization to permit the Township or its lawful agents to go upon
the property for the purposes of inspecting the same and the facilities
to be provided thereon.
The applicant shall submit to the Clerk, with
the application, written commitment from an insurance company licensed
to do business in New Jersey, to insure the applicant and the Township
of Manchester as coinsured during the event. No permit shall be issued
unless the applicant shall furnish the Township with a comprehensive
liability insurance policy insuring the Township against liability
for damage to person or property with limits of not less than $500,000/$1,000,000
for bodily injury or death and limits of not less than $500,000 for
property damage, sufficient to save the Township harmless from any
liability or cause of action which might arise by reason of the granting
of the permit and not cancelable without 10 days' prior written notice
to the Township.
If the Township Council deems that a hearing
on the application should be held before issuing or denying the permit,
based upon the reports received, then within five days after the thirty-day
period of investigation, the Township Council shall set a time and
place for hearing on the application which shall be held within 15
days thereafter. At the hearing, the applicant and the Township may
offer such evidence as may be desired covering the subject matter.
Within seven days after the closing of the hearing, the determination
on the application shall be rendered. If the determination is favorable,
a permit shall be issued. If the determination is negative, then a
copy of the determination with the reasons for denying the application
shall be served upon the applicant at the mailing address of the applicant
designated in the application.
A.
The permit authorized to be issued shall be issued
by the Township Council, but executed by the Mayor and Clerk.
B.
The permit shall be set forth and describe, with particularity,
the place where the outdoor event sought to be approved hereunder
shall take place and the period of time during which it may continue.
C.
The permit herein authorized shall not be issued to
take effect until all fees have been paid to the Township as provided
herein.
D.
Any permit authorized to be issued hereunder shall
be issued subject to all the provisions of this chapter.
The fee to be paid upon issuance of a permit
shall be $500 for each 50 persons or any portion thereof anticipated
to be involved in the event sought to be approved, including therein
all personnel, all spectators or members of the audience.
No outdoor event shall be permitted whatever
if the event sought to be permitted contemplates a gathering of more
than 1,000 persons or if the area allowed for the parking of motor
vehicles is less than 50 cars per acre for the anticipated number
of persons involved in occupying the premises.
A.
No person or party approved for a permit hereunder
shall allow, suffer or permit any event for any unlawful purpose or
to be conducted in any unlawful, disorderly, obscene or lewd manner.
B.
No outdoor event shall allow any performer to perform
or be displayed in the nude.
C.
No outdoor event shall be allowed which shall depict
sexually suggestive acts or subjects offensive to public morals and
decency.
D.
No outdoor event shall allow the use of any moving
pictures or other media which is obscene, lewd, indecent or offensive
to public morals and decency.
E.
Any permittee hereunder shall not permit any employees
or agents of the applicant or any spectators or any persons on the
approved premises during the period of time approved in the permit
to completely undress or go about in a lewd, obscene or indecent manner.
The permittee shall allow the state police and
any special police of the Township or any other persons duly authorized
by the Township to inspect the approved premises, or any part thereof,
and the outdoor event at any time either prior to or during the period
of time approved by the permit, to inspect the premises and observe
the persons upon the premises or to detect violations of this chapter
or of any other law of the federal government or the State of New
Jersey or the Township of Manchester.
The permittee shall take all proper means to
assist in the orderly conduct and presentation of its event and to
maintain a flow of traffic and use of the premises without congestion
of traffic. For such purposes, the permittee shall employ or obtain
sufficient personnel to carry out these objectives.
The permittee shall maintain at its own expense
one or more off-duty police officers at the established pay rate for
the proper conduct of the approved event who shall remain upon the
approved premises at all times during the period in which the permit
shall be in effect.
A.
Council, through its authorized officers or agents,
may terminate or suspend any permit issued hereunder. Such suspension
or revocation shall be determined as follows:
(1)
The Mayor or other person authorized by the Township
Council shall cause a written notice of the alleged violations of
this chapter or of any other laws involved to be served upon the applicant
or any of the agents of the applicant on the premises, together with
a notice of the time and place of hearing to be held, not less than
24 hours after service, directing the permittee to show cause before
the Township Council why the permit should not be suspended or revoked.
(2)
At the hearing, the Township Council shall hear all
of the evidence offered by the Township and the permittee which is
material to the issue and shall make a prompt determination of its
findings. If the findings are in favor of the permittee, the charges
shall be dismissed. If the findings are against the permittee, the
permit issued may be revoked entirely or suspended upon such conditions
as the Township Council may direct. In the event of a full revocation,
the event approved by the permit shall be terminated immediately,
and no further outdoor event shall be held upon the permits granted
therefor, and any persons remaining upon the approved premises may
be dispersed immediately by any peace officer of the Township and
by such other persons or agents as may be properly authorized by the
Township.
B.
In the event that it shall reasonably appear to the
Township Clerk or any other official designated by the Township Council
for such purpose that the number of persons gathered or gathering
upon, or for entry upon, the approved premises for any outdoor event
shall exceed 1,000 persons, the Clerk or other authorized official
may give notice to the permittee immediately to withhold proceeding
with the approved event and shall then inform the Mayor or Township
Council promptly of the action. The permittee may then thereupon request
a hearing before the Township Council forthwith and the hearing shall
be held as promptly as possible.
No permit fee or portion thereof shall be refunded
following revocation or suspension of any permit issued.
Whenever notice is required to be given to the
applicant or permittee hereunder, such service of notice may be made
by registered or certified mail directed to the person and address
listed in the application or otherwise personally upon the applicant
or any of the agents of the applicant upon the approved premises.
A.
The provisions of this chapter may be enforced by
injunction in any court of competent jurisdiction.
B.
The holding of any outdoor event in violation of any
provision or conditions contained in this chapter shall be viewed
as a public nuisance and may be abated as such.
C.
Any person who violates any section, or violates any condition upon which he is granted a permit, shall, upon conviction, be subject to the penalties included in Chapter 1, Article II, General Penalty, of the Township Code. Each day shall be deemed a separate offense in violation of any of the provisions of this chapter.[1]
