[HISTORY: Adopted by the City Council of the City of Garfield 8-21-2008 by Ord. No.
2532.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 48.
Carnivals and shows — See Ch. 102.
Noise — See Ch. 220.
Streets and sidewalks — See Ch. 287.
[1]
Editor's Note: This ordinance was originally adopted
as Chapter 178 but was renumbered to maintain the organizational structure
of the Code.
This chapter establishes the standards for the issuance of a
permit for parades, athletic events, and other special events in the
City of Garfield in order to recover the full cost of such events
to the City and to preserve and protect the public health and safety.
The power of a municipality to enact ordinances to regulate processions
and parades through its streets and highways: see N.J.S.A. 40:67-1.
See also N.J.S.A. 39:4-93 for traffic regulations affecting processions.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person or organization who seeks a special event permit
from the City Clerk to conduct or sponsor an event governed by this
chapter. An applicant must be 18 years of age or older.
An occasion in which a group of persons collectively engage
in a sport, or form of physical exercise, and which is conducted on
any City street, sidewalk, alley, or other public right-of-way or
other property owned or controlled by the City which obstructs, delays,
impedes, impairs or interferes with the usual, normal and free pedestrian
or vehicular use or does not comply with traffic laws and controls.
Athletic events include bicycle and foot races.
A festive gathering on a residential street requiring a closure
of a street, or portion thereof, to vehicular traffic and use of the
street for the festivity, including barbecues, picnics, music, games
or dances.
The Chief of Police or his authorized deputy.
The Chief Executive of the City of Garfield or his designee.
A parade, athletic event, or other special event.
Street fair, art and craft show, carnival, block party, or other neighborhood activity, picnic, dance, rally, promotional or fund-raising activities, community celebrations and observances, and other special events which occur on any City street, sidewalk, alley, or other public right-of-way or other property owned or controlled by the City or any event so as to impede, obstruct, impair, delay, or interfere with the usual, normal and free pedestrian or vehicular use or which requires, in the judgment of the Chief of Police, the deployment of peace officers for crowd control. See § 224-3.1C for application of permit requirement to First Amendment events.
Includes a parade, march, procession, pageant, review, ceremony,
or exhibition consisting of persons, animals or vehicles, or a combination
thereof, which is conducted in or upon or along any portion of any
City street, sidewalk, alley, or other public right-of-way or other
property owned or controlled by the City which obstructs, delays,
impedes, impairs or interferes with the usual, normal and free pedestrian
or vehicular use or does not comply with traffic laws or controls.
The fee to be paid by the special event permit applicant
at the time the application is filed with the City Clerk. A fee schedule
shall be authorized or established by resolution of the Council and
shall cover the actual full costs (or a portion thereof) of processing
and investigating special event applications. The fee may be waived
at the discretion of the City Manager.
Any person or organization who or which has been issued a
special events permit by the City Clerk.
Any person desiring to conduct or sponsor a parade, athletic
event, or other special event on public property in the City shall
first obtain a special event permit from the City Clerk.
A special event permit is not required for the following:
A.
All special events which are sponsored by the City of Garfield.
B.
Funeral processions.
C.
Any event that involves expressive activity protected by the First
Amendment that does not require the closure of a City sidewalk, street,
alley, other public right-of-way or other property owned or controlled
by the City.
A.
Any person desiring to sponsor a parade, athletic event, or other special event not exempted by § 224-3.1 shall apply for a special event permit by filing a verified application with the City Clerk on a form supplied by the City Clerk. The application must be filed not less than 90 days before the event.
B.
The application for a permit shall be accompanied by a nonrefundable
permit application fee in the amount determined by the City Clerk
and authorized by resolution of the Council.
The application for a special event permit shall provide the
following information:
A.
All events:
(1)
The name, address, and telephone number of the applicant and an alternate
contact person.
(2)
If the event is proposed to be sponsored by an organization, the
name, address and telephone number of the organization and the authorized
head of the organization. If requested by the City Clerk, written
authorization to apply for the special event permit by an officer
of the organization.
(3)
The name, address and telephone number of the person who will be
present and in charge of the event on the day of the event.
(4)
The nature/purpose of the event.
(5)
Date and estimated starting and ending time of the event.
(6)
Location of the event, including its boundaries.
(7)
Estimated number of participants in the event.
(8)
The type and estimated number of vehicles, animals, and structures
which will be used at the event.
(9)
Description of any sound amplification equipment which will be used
at the event.
(10)
Whether any food or beverages will be sold at the event.
(11)
Whether monitors or private security will be employed at the
event.
(12)
Parking requirements for the event.
B.
Additional information required for parades, races, and other events
occurring along a route:
(1)
The assembly point for the event, the time at which units of the
parade or other event will begin to assemble.
(2)
The route to be traveled.
(3)
Whether the parade or other event will occupy all or only a portion
of the streets proposed to be traversed.
(4)
The intervals of space to be maintained between units of a parade
or other event.
(5)
The number, types, and size of floats.
(6)
Material and maximum size of any signs or banners to be carried along
the route.
The City Clerk shall approve, conditionally approve, or deny an application for the grounds specified in § 224-7. Such action shall be taken no later than 30 days after receiving a completed application. The applicant shall be notified of any permit conditions at the time the application is approved.
A.
The City Clerk or his designee shall approve an application for a
special event permit unless he determines from a consideration of
the application, or other pertinent information, any of the following,
which shall also be justification for the City Clerk to revoke a previously
issued permit:
(1)
Information contained in the application, or supplemental information
requested from the applicant, is found to be false in any material
detail.
(2)
The applicant fails to complete the application form after having
been notified of the additional information or documents required.
(3)
The sole purpose of the event is advertising of any product, good,
ware, merchandise or event and is designed to be held solely for private
profit and not for First Amendment expression.
(4)
Another special event permit application has been received prior
in time, or has already been approved, to hold another event at the
same time and place requested by the applicant or so close in time
and place as to cause undue traffic congestion, or the Police Department
is unable to meet the needs for police services for both events; or
(5)
The time, route, or size of the event will substantially interrupt
the safe and orderly movement of traffic contiguous to the event site
or route or disrupt the use of a street at a time when it is usually
subject to great traffic congestion; or
(6)
The concentration of persons, animals and vehicles at the site of
the event, or the assembly and disbanding areas around an event, will
prevent proper police, fire, or ambulance services to areas contiguous
to the event; or
(7)
The size of the event will require diversion of so great a number
of police officers of the City to insure that participants stay within
the boundaries or route of the event or to protect participants in
the event as to prevent normal protection to the remainder of the
City.
(8)
The parade or other event moving along a route will not move from
its point of origin to its point of termination in three hours or
less unless otherwise approved by the City Manager.
(9)
The location of the event will substantially interfere with any construction
or maintenance work scheduled to take place upon or along the City
streets or along any public right-of-way or where construction work
is scheduled in connection with a previously granted encroachment
permit.
(10)
The event shall occur at a time when a school is in session
at a route or location adjacent to the school or class thereof and
the noise created by the activities of the event would substantially
disrupt the educational activities of the school or class thereof.
B.
When the grounds for denial of an application for permit specified in Subsection A(4) through (10) above can be corrected by altering the date, time, duration, route, or location of the event, the City Manager or his designee shall, instead of denying the application, conditionally approve the application upon the applicant's acceptance of conditions for permit issuance. The conditions imposed shall provide for only such modification of the applicant's proposed event as are necessary to achieve compliance with Subsection A(4) through (10) above.
The Chief of Police may also condition the issuance of a special
event permit by imposing reasonable requirements concerning the time,
place, and manner of the event and such requirements as are necessary
to protect the safety of persons and property and the control of traffic,
provided that such conditions shall not unreasonably restrict the
right of free speech. Such conditions include:
A.
Alteration of the date, time, route or location of the event proposed
on the event application.
B.
Conditions concerning the area of assembly and disbanding of parade
or other events occurring along a route.
C.
Conditions concerning accommodation of pedestrian or vehicular traffic,
including restricting the event to only a portion of a street traversed.
D.
Requirements for the use of traffic cones or barricades.
E.
Requirements for provision of first aid or sanitary facilities.
F.
Requirements for use of event monitors and providing notice of permit
conditions to event participants.
G.
Restrictions on the number and type of vehicles, animals, or structures
at the event and inspection and approval of floats, structures, and
decorated vehicles for firesafety by the City of Garfield Fire Department.
H.
Compliance with animal protection ordinances and laws.
I.
Requirements for use of garbage containers, cleanup and restoration
of City property.
J.
Restrictions on use of amplified sound.
K.
An application for a special event permit to conduct a block party
may be conditioned on notice and approval by 50% of the residents
of dwellings along the affected street(s).
L.
Compliance with any relevant ordinance or law and obtaining any legally
required permit or license.
The City Clerk shall issue the special event permit once the
application has been approved and the applicant has agreed in writing
to comply with the terms and conditions of the permit and the following
sections of this chapter have been complied with:
Prior to the issuance of a special event permit, the permit
applicant and authorized officer of the sponsoring organization (if
any) must sign an agreement to reimburse the City of Garfield for
any costs incurred by it in repairing damage to City property occurring
in connection with the permitted event proximately caused by the actions
of the permittee/sponsoring organization, its officers, employees,
or agents, or any person who was under the permittee's/sponsoring
organization's control insofar as permitted by law. The agreement
shall also provide that the permittee/sponsoring organization shall
hold harmless, indemnify and defend the City of Garfield, its officials,
members, agents and employees against any claims, costs, damages,
demands, liability and notices, or any of these, arising or resulting
from any damage or injury proximately caused by actions of the permittee/sponsoring
organization in connection with the permitted event, regardless of
whether the City is actively negligent or passively negligent, except
for those claims, costs, damages, demands, liability and notices,
or any of these, caused solely by the negligence or willful misconduct
of the City. Persons who merely join in a parade or event are not
considered by that reason alone to be under the control of the permittee/sponsoring
organization.
A.
The applicant/sponsor of an event must possess or obtain public liability
insurance to protect against loss from liability imposed by law for
damages on account of bodily injury and property damage arising from
the event. Such insurance shall name on the policy or by endorsement
as additional insured the City of Garfield; its officers, employees,
and agents. Insurance coverage must be maintained for the duration
of the event. The applicant shall furnish a certificate of insurance
evidencing workers' compensation coverage (except for an individual)
as well as auto liability (as applicable), general liability, bodily
injury and property damage coverage with minimum limits of liability
not less than:
B.
A copy of the policy or a certificate of insurance, along with all
necessary endorsements, must be filed with the City Manager no less
than five days before the date of the event unless the City Manager
for good cause waives the filing deadline. The special event permit
shall not be issued by the City Clerk until after the insurance policy
or certificate of insurance, along with necessary endorsements, have
been filed by the applicant/sponsor and approved by the City Manager.
C.
The insurance requirements of Subsections A and B above shall be waived by the City Manager for nonathletic events if the following conditions are satisfied:
(1)
The applicant or an officer of the sponsoring organization signs
a verified statement that he believes the event's purpose is
First Amendment expression and that he has determined that the cost
of obtaining insurance is so financially burdensome that it would
constitute an unreasonable burden on the right of First Amendment
expression or that it has been impossible to obtain insurance coverage.
The statement shall include the name and address of one insurance
agent or other source for insurance coverage contacted to determine
insurance premium rates for insurance coverage.
(2)
The City Manager may, in his discretion, determine to require the applicant/sponsor to apply for insurance coverage for the event under a policy containing the insurance requirements of Subsections A and B above. The applicant/sponsor must provide any information pertinent to qualifying for the insurance coverage. The premium for the insurance coverage may be paid by the City rather than the applicant/sponsor.
A.
Prepayment of fees. Upon approval of an application for a special
event permit, the Chief of Police shall provide the applicant with
a statement of the estimated cost of providing overtime police officers
for crowd and traffic control at the event. The applicant/sponsor
of the event shall be required to prepay the crowd and traffic control
fees prior to the issuance of a special event permit. Traffic and
crowd control by officers includes clearing the event route or site
of unauthorized vehicles, diversion of traffic around the event, and
directing pedestrian and vehicular traffic along the route of an event.
B.
Computing traffic control fees. The traffic control fees will be
computed by determining the number of police officers who will be
required for crowd and traffic control in addition to those who would
otherwise be on duty at that time, the number of hours the officers
will be on duty for the event, and the City's full cost of providing
officers on an hourly basis as established by the Police Department
fee schedule. Should the actual full cost to the City by reason of
the event exceed the estimated cost, the applicant/sponsor shall pay
the balance upon demand by the City Clerk.
A.
The applicant/sponsor of an event involving the sale of food or beverages,
erection of structures, horses or other large animals, or water aid
stations shall be required to provide a cleanup deposit prior to the
issuance of a special event permit. The cleanup deposit shall be in
the amount established in the master fee resolution.
B.
The cleanup deposit shall be returned to the applicant/sponsor after
the event if the area used for the permitted event has been cleaned
and restored to the same condition as existed prior to the event.
C.
If the property used for the event has not been properly cleaned
or restored, the applicant/sponsor shall be billed for the actual
cost incurred by the City for cleanup and restoration, and the cleanup
deposit, or a portion thereof, shall be applied toward payment of
the bill.
A.
The applicant/sponsor of an event shall comply with all terms and
conditions of the special event permit.
B.
Each permittee/sponsor of an event shall ensure that the person leading
a parade or other event along a route or the person in charge of any
other event shall carry the special event permit on his person for
the duration of the event.
C.
Each permittee/sponsor of an event shall ensure the area used for
the permitted event is cleaned and restored to the same condition
as existed prior to the event immediately following the completion
of the event.
It shall be unlawful for any person to sponsor or conduct a parade, athletic event or other special event requiring a special event permit under § 224-4 unless a permit has been issued for the event. It is unlawful for any person to participate in such an event with the knowledge that the sponsor of the event has not been issued the required permit, nor shall any person interfere with or disrupt a lawful parade, athletic event, or other special event.
The special event permit authorizes the permittee/sponsor to
conduct only such event as is described in the permit and in accordance
with the terms and conditions of the permit. It is unlawful for the
permittee/sponsor to willfully violate the terms and conditions of
the permit or for any event participant with knowledge thereof to
willfully violate the terms and conditions of the permit.
Any person willfully violating any provision of the Parades
and Special Events chapter shall be deemed guilty of a misdemeanor
and, upon conviction thereof, shall be punished by a fine not to exceed
$2,000 for each violation of the chapter. Such violations may also
be addressed by civil action, and any violator shall be liable for
the actual full cost to the City for having provided police services
for or because of the event.
