[HISTORY: Adopted by the Borough Council
of the Borough of Caldwell as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-22-2010 by Ord. No. 1215-10[1]]
No person or entity organizing any event, activity, parade,
or gathering of people for any purpose on Borough property shall conduct
any such event, activity, parade, or gathering, including but not
limited to activities, events, parades, or gatherings for entertainment,
education, and amusement purposes, (collectively such activities,
events, gatherings and parades shall be referenced as an "event" or
"events" herein) without first applying for and obtaining a permit
to conduct such event, from the Borough Administrator.
All applications pursuant to this chapter for a permit to conduct
any event shall be on a form prepared by the Borough Administrator
and shall be obtained by the applicant from the Borough Clerk. The
application shall request information as follows:
A.
The name and address of the person responsible for the activity,
event or gathering. If the person is not an individual, the name and
address of the individual making the application on behalf of the
person.
B.
The date and location that the event will take place.
C.
A general description of the event, together with an estimate of
the number of people that are expected to participate or attend.
D.
If a contractor is to be employed to operate, supervise or organize
any part of the event, the name and address of such contractor or
contractors.
E.
An explanation of the manner in which the property will be kept free
of litter and other debris during the event, and the method by which
the property will be restored after the event.
F.
Proof that the applicant possesses a general liability insurance
policy in an amount insuring the applicant against all risks in connection
with the event. Minimum amounts of insurance required are as follows:
(2)
If the applicant intends to utilize the services of any contractor
or vendor, the applicant shall provide proof that the contractor and/or
vendor, as the case may be, possess minimum insurance as set forth
above.
(3)
In all instances, proof shall be required that the Borough of Caldwell
is an additional insured on all insurance policies and/or riders to
any policy.
G.
An indemnification agreement indemnifying the Borough against all
liability claims arising out of or in connection with the event.
H.
Certification that the applicant will comply with all federal, state
and municipal laws and regulations governing the event, and if any
license or permit of any other governing body or agency is required,
proof that the applicant has obtained such license or permit.
I.
An explanation of the manner of policing the activity.
The application must be completed in full and submitted by the
applicant to the Borough Administrator at least 45 days prior to the
proposed event. The Administrator may, where good cause is shown,
consider an application for approval in accordance with this chapter
which is filed less than 45 days before the date of the event.
The application shall be accompanied by the fee as set forth
in Chapter A270-1, the Borough Fee Ordinance.
No permit required by this chapter shall be issued by the Borough
Administrator unless the applicant, through the answers provided to
the questions in the application, demonstrates that it can comply
with the insurance and safety requirements, as applicable, and has
paid the appropriate fee for the issuance of the permit. Prior to
issuing the permit, the Borough Administrator may confer with any
other Municipal official who the Administrator believes, in the Administrator's
sole discretion, can assist the Administrator in determining that
the event can be conducted without jeopardizing the safety, health
and welfare of the citizens of the Borough of Caldwell.
In addition to the requirements set forth in any other section
of this chapter, no person shall conduct any parade, march, ceremony,
show, exhibition, pageant or procession of any kind, or any similar
display (collectively referred to as a "parade"), excepting funeral
processions and supervised educational activities, in or upon any
street, park or other public place in the Borough without first obtaining
a parade permit from the Borough Administrator.
All applications pursuant to this section for a parade permit shall be on a form prepared by the Borough Administrator and shall be obtained by the applicant from the Borough Clerk. The application shall request information, in addition to the information required by § 101-2 herein, as follows:
A.
The date of the parade and the time is which the parade is to be
conducted.
B.
The assembly area for parade participants and the time which participants
will begin to gather.
C.
The starting point, the route, and the termination point.
D.
A statement whether all or parts of the streets in the route will
be utilized.
E.
The approximate number of people who will participate in the parade,
the approximate number and type of vehicles in the parade, and the
number and type of animals that will participate in the parade.
F.
Any additional information that the Borough Administrator finds reasonably
necessary in order to make a fair determination as to whether to issue
a parade permit.
Despite anything contained in this chapter to the contrary,
no parade permit shall be granted to any applicant if the primary
purpose of the parade is to advertise any product, goods or event,
or if the parade is to be held solely for private profit.
A.
The Borough Administrator shall issue a parade permit as provided
in this chapter when the Administrator finds from a consideration
of the application and from such other information as may otherwise
be obtained, that:
(1)
The parade will not substantially interrupt the safe and orderly
movement of other traffic contiguous to its route.
(2)
The parade will not impair the ability of the Borough Police officers
or other public safety personnel to provide adequate police and public
safety protection to the Borough.
(3)
The parade is not reasonably likely to cause injury to persons or
property, or to provoke disorderly conduct or to create a disturbance.
(4)
The parade is scheduled to move from its point of origin to its point
of termination expeditiously and without unreasonable delays en route.
B.
Every parade permit shall state the following information:
(1)
The identity of the permittee.
(2)
The parade route and the portions of streets to be traversed.
(3)
The time period in which the parade will be conducted.
(4)
The minimum and maximum speed of the parade vehicles.
(5)
The minimum and maximum interval of space to be maintained between
the units of the parade.
(6)
Such other information as the Administrator shall find necessary
to the enforcement of this chapter.
C.
The Parade Chairman or other person heading or leading the parade
shall carry the parade permit during the parade.
The Borough Administrator shall determine whether to issue any
permit in accordance with this chapter within 10 days after receipt
of a completed application for such permit or, in the event of a parade,
permits. The applicant shall receive notice of the issuance of a permit,
or rejection of the application, within 10 days of receipt of the
completed application and the accompanying filing fee. The Administrator
shall include with a notice of denial a written statement of the reason
or reasons for such denial.
Any applicant who is denied a permit after making a complete
application and submitting the appropriate fee to the Borough Administrator
shall have the right to appeal the denial to the Public Safety Committee
of the Borough Council by delivering notice of the intention to appeal
to the Administrator within seven days of receipt of the notice of
denial. The Public Safety Committee shall act upon the appeal within
seven days after the notice of appeal is filed with the Administrator
and shall notify the applicant of the outcome of the appeal as soon
as practicable thereafter, but in no event later than seven days from
the date of the appeal hearing. The Public Safety Committee shall
conduct the appeal in a manner in which it deems fit, and may or may
not take testimony, which decision shall be in the sole discretion
of the Committee.
All permittees under this chapter shall comply with all permit
directions and conditions and with all applicable laws and ordinances.
The Borough Administrator shall, upon receipt of a completed application, confer with the Police Chief to determine the manner of policing the event. The Administrator thereafter shall determine whether the event will require participation by the Caldwell Police Department and, if so, the number of man-hours that will be required to provide adequate levels of police protection for the event. The Administrator thereafter shall notify the applicant of the cost of police participation, and the applicant shall pay the Borough for such cost upon approval of the application. The cost for police participation shall be as set forth in Chapter A270 and shall be in addition to the fee required by § 101-4 herein.
The Borough Administrator shall have the authority to revoke
any permit issued under this chapter upon failure to comply with the
standards for issuance of such permit as herein set forth.
Despite the prohibitions set forth in Chapter 53, § 53-16 herein pertaining to restrictions on possession and consumption of alcoholic beverages in public places, an applicant may apply for permission and, provided the application otherwise is approved, may be granted permission to serve alcoholic beverages on public property.
The fee required pursuant to this chapter shall be in addition
to any other applicable license fee required to be paid pursuant to
any other section of the Caldwell Code.
The Borough Council may require a bond or other security to
ensure the proper maintenance and restoration of the Borough property.
Despite anything contained in this chapter to the contrary,
no more than two permits per calendar year shall be issued for use
of the Kiwanis Oval.
No permit allowing use of Borough property shall be issued for
more than seven consecutive days.
No permittee or employee or agent thereof shall be allowed to
use Borough property for temporary lodging during the term of a permit
to conduct an event or otherwise.
A.
No person shall unreasonably hamper, obstruct or impede or interfere
with any parade or parade assembly or with any person, vehicle or
animal participating or used in a parade.
B.
No driver of a vehicle, truck or bus shall drive between the vehicles
or persons comprising a parade when such vehicles or persons are in
motion and are conspicuously designated as a parade, except by direction
of a member of the Police Department.
The Chief of Police shall have the authority, when reasonably
necessary, to prohibit, limit or restrict the parking of vehicles
along a highway or part thereof constituting a part of the route of
a parade. The Chief of Police shall post signs to such effect, and
it shall be unlawful for any person to park or leave unattended any
vehicle in violation thereof. No person shall be liable for parking
on a street unposted in violation of this chapter.
Any violation of this chapter shall be punishable by a fine
that is not less than twice the amount that the applicant would have
paid had an application for a permit been submitted to and approved
by the Borough Administrator but not exceeding $2,000. In addition,
any violation of this chapter may be punishable by imprisonment for
a term not exceeding 90 days, or a period of community service not
exceeding 90 days, or a combination thereof.
[Adopted 6-11-1985 by Ord. No. 747-85]
A.
No person, partnership, association or corporation,
or any combination thereof, shall permit, maintain, promote, conduct,
act as entrepreneur, undertake, organize, manage, sell or give tickets
to an outdoor assembly of 3,000 or more people for the purpose of
mass musical or public entertainment of various designations, or participation
therein, including but not limited to pop festivals, rock music festivals,
folk or ethnic festivals, rock-and-roll festivals, country and western
festivals, jazz festivals, concerts, operas, symphonies, dances and
picnics, or any combination thereof, whether the assembly be on public
or private property, where an admission charge is made, or where donations
or contributions of money or amounts of value are solicited in lieu
of an admission charge, unless a license to hold such assembly has
first been issued by the Mayor and Council of the Borough of Caldwell,
application for which must be made at least 30 days in advance of
the assembly.
B.
The prohibitions hereinabove expressed shall not include
or pertain to such assemblies, even though enumerated above, which
take place in established permanent indoor structures, theaters, lounges,
resorts, auditoriums, convention centers or other indoor places licensed
for public occupancy, unless otherwise limited by applicable law.
Tents, temporary prefabricated enclosures or roofs and similar nonpermanent
structures housing assemblies are deemed to be outdoors.
C.
A single applicant may seek a license or permit for more than one assembly when the applicant seeking the multiple licenses or 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 licensing assembly fees referred to in § 101-11 hereafter shall be payable for each assembly requiring a license.
[Amended 8-31-1999 by Ord. No. 1086-99]
D.
No assembly for which a license or permit is required
shall be held within 13 days of any other such assembly.
A.
Assembly event.
(1)
A separate license shall be required for each assembly event on the day requested in the application for each assembly site in which 3,000 or more people assemble or can reasonably be anticipated to assemble. The applicant shall pay a deposit in the amount set forth in Chapter A270, Fees, for each license to be obtained. The aforesaid sums will be utilized not for revenue purposes, but shall be considered a deposit towards additional services to be provided by the Borough, to include payment of the permit fee in the amount set forth in Chapter A270, Fees, as well as the Borough's payment of expenses for additional salaries and the direct purchase of supplies, equipment or rental of equipment for each assembly event, its Police Department, Fire Department, Public Works Department, Health Department affiliation, first aid squad and medical team, and for meals for the aforesaid Department personnel on the event day. The actual costs and services shall be calculated from the initial filing date through all phases of the application process, inspections, reviews and the date or dates of events.
[Amended 8-31-1999 by Ord. No. 1086-99]
(2)
The foregoing shall govern any assembly site for which
a license is sought, including all assembly grounds and parking areas,
as more particularly defined hereafter, which shall be subject to
the terms and conditions of this article and by license issued hereunder.
B.
The license shall permit the assembly of only the
maximum number of people as stated in the licenses. The licensee shall
not sell nor permit to assemble at the licensed premises more than
the maximum number of people permitted by the license, nor shall the
licensee permit alcoholic beverages of any kind or controlled dangerous
substances to be brought onto the assembly site or consumed thereon.
If the requirements set forth herein are complied
with, the Mayor and Borough Council shall issue a license upon written
application made by any person, partnership, association or corporation,
or any combination thereof, who propose to maintain, conduct, promote
or operate an assembly as set forth herein. No assembly for which
a license is issued shall begin prior to 11:00 a.m. or continue after
10:00 p.m.
A.
Application procedure; filing. The applicant shall
file a verified application with the Borough Clerk of the Borough
of Caldwell at least 30 days prior to the date or dates which the
assembly is to take place. Corporate applications shall be duly signed,
attested and verified by the appropriate corporate officers and shall
be accompanied by a current status report, issued under seal by the
Secretary of State and a copy of the certificate of incorporation.
B.
Application procedure; contents.
(1)
The application shall contain the following:
(a)
Name, age, residence and mailing address of
the applicant. Corporate applications shall show the name, residence
and mailing address of each person or other corporation and the name
and address of all officers and directors thereof holding 10% or more
of the stock in said corporation.
(b)
The address, block and lot number and legal
description of all property constitute the assembly site, together
with the name and address of the record owner of such property.
(c)
Proof of ownership of all property constituting
the assembly site or a statement under oath by the record owner or
owners and occupants of all such property consenting to an outdoor
assembly of 3,000 or more for the purpose set forth on the application.
(d)
The specific nature and purpose of the assembly,
together with a schedule and names and addresses of all events or
acts. Examples of the proposed advertising of the event, to the extent
known, shall also be submitted. All advertising and public announcements
concerning the assembly shall include a statement that no alcoholic
beverages or controlled dangerous substances are permitted into or
on the assembly site.
(e)
The dates upon which the assembly will take
place and the time the assembly will open and finish each day.
(f)
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 assembly for whatever purpose and/or
to ensure compliance with all existing ordinances of the Borough of
Caldwell or any laws/regulations of the State of New Jersey. Such
other documents and/or contracts that have a relationship to the assembly
that may be requested.
(2)
The application shall be accompanied by a diagrammatic
sketch or plan of the proposed site, showing the area where the assembly
grounds and required fencing will be situated, the location and capacity
of all parking areas, driveways and roads as they relate to traffic
assembly and the location and capacity of all parking areas, driveways
and roads as they relate to traffic flow, traffic control and safety.
Also, fire access lanes and lanes for other emergency vehicles shall
be shown on the sketch or plan.
(3)
The applicant shall state whether any permits or licenses
for assemblies 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 the promotion, operation and conduction
of similar events.
C.
Application procedure; additional requirements. The
application shall further state in specific detail the provisions
proposed for the accommodations or persons attending the assembly
in the following particulars:
(1)
Food and beverage service and concessions.
(2)
Toilet and other sanitary facilities. At least two
toilets designated "men" and at least two toilets designated "women"
for each 350 persons shall be provided, or such other number as may
be required by the Board of Health.
(3)
Medical and ambulance services or squads shall be
provided, which shall be in attendance at the assembly site during
the licensed hours and one hour before and one hour after said hours.
(4)
A parking and traffic control plan for the number
of persons and vehicles projected to attend the event must be formulated.
The plan must be sufficient to ensure, to the extent practicable,
a free flow of traffic and make available fire lanes and rapid access
for emergency vehicles, must comply with the BOCA Basic Fire Protection
Code Regulations as may be applicable and must designate means of
ingress and egress. The applicant shall specify the number of off-street
parking spaces provided at the assembly grounds and shall, to the
extent practical, make all such spaces available for parking at the
time of the assembly. The applicant shall detail arrangements for
the parking of cars in excess of the number that can be accommodated
on the assembly grounds. The Borough will make available additional
off-street parking in public parking lots to accommodate as much of
the excess that cannot be accommodated on the assembly grounds as
is practical consistent with existing parking ordinance and parking
meter fees regulations. To ensure the free flow of traffic and access
for emergency vehicles, the Borough may prohibit on-street parking
in the vicinity of the assembly grounds.
(5)
As to public safety, the applicant shall provide the
number of on-site (assembly grounds) security guards to be employed
for each assembly event date, including their duties, responsibilities
and proposed hours of employment of the premises of the assembly.
Unless a licensed private detective business is employed to provide
security guards, the names, addresses and credentials of those to
be employed as security guards shall be supplied. In order to assist
the applicant in establishing the number of security guards to be
utilized, the applicant is advised that under § 101-11A
above, an expense of the actual direct administrative costs shall
be the deployment by the Borough of a minimum of one sworn police
officer for each 250 persons attending the assembly.
(6)
The plans, if any, to illuminate the location of the
assembly 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.
(7)
The plans for holding, collecting and disposing of
solid waste material debris and litter.
(8)
The plans for supplying potable water, including the
source, amount available and location of all outlets. There shall
be one outlet per 500 persons in attendance.
(9)
The plans for 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 assembly. The sound DBA levels shall comply
with all local and state regulations, statutes and ordinances.
(10)
One pay telephone per 500 persons in attendance.
(11)
A fence completely enclosing the location of
the assembly grounds of sufficient height and strength to prevent
people in excess of the maximum permissible number from gaining access
to the assembly grounds, which shall have at least four gates located
as remotely from each other as possible.
(a)
The fence shall form the perimeter of the assembly
grounds, which perimeter shall not be nearer than 250 feet to the
nearest boundary line of any residential property.
(b)
One gate shall be designated as the main gate.
Persons attending the assembly shall be admitted only through the
designated main gate, at which location a position will be made available
to the Borough for the purpose of stationing a person to monitor and
count the number of persons being admitted to assemble.
(12)
Copies to be distributed.
(a)
Upon receipt of each application, the Borough
Clerk shall immediately transmit copies of the same to each of the
following individuals or Boards, and each such individual shall respond
to the Mayor and Borough Council within 15 days of the date of the
filing of such application with a written report of their recommendations,
if any, within their respective fields of expertise to effectuate
the pertinent requirements of this article and all other Borough ordinances
and state and federal law:
[1]
The Chief of Police of the Borough of Caldwell
or his designee.
[2]
The Fire Chief of the Fire Department in which
the designated assembly is to take place, as well as the Inspector
of the Fire Borough.
[3]
The Borough Board of Health or its designee.
[4]
The Borough Construction Official.
[5]
The Borough Attorney.
(b)
The responses of each of the foregoing individuals
or Boards shall promptly, upon receipt by the Mayor or Council, be
furnished to the applicant.
(13)
The filing of a license pursuant to this article
does not eliminate the filing of all other municipal, county and state
license permit requirements. The requirements for all other appropriate
licensing are in addition to the required license hereunder.
The application shall also contain the following
proof of financial responsibility and adequate insurance coverage:
A.
The applicant shall submit to the Borough Clerk, with
his application, written commitment from an insurance company licensed
to do business in New Jersey, to insure the applicant and the Borough
of Caldwell as a named co-insured during the assembly in the following
limits: General liability, bodily injury and property damages combined
in the amount of $500,000. Excess liability, bodily injury and property
damages combined $5,000,000; workers' compensation $1,000,000. Where
it appears that the nature or size of the event or existence of other
applicable insurance will not reasonably require the limits hereinabove
provided, the Mayor and Borough Council may fix such lesser amounts
of limits or accept such evidence of other insurance or financial
responsibility as will reasonably afford protection to the participants
and to the public.
B.
In addition to the foregoing, the Borough shall immediately
after the date of an assembly event forward a bill to the applicant
for any balances due for the actual direct expenses and service costs
incurred by the Borough when the same exceeds the deposit or deposits
previously paid by the applicant for an assembly event; thereafter,
the applicant shall make payment of any balance due within five working
days from the receipt of said bill. In the event that the applicant
is owed a balance as a result of the paid deposit being in excess
of the actual direct expenses and services incurred by the Borough,
the Borough shall make direct payment to the applicant within five
working days after the assembly event date.
C.
The applicant, within five working days after the
assembly event date, shall submit evidence that it has paid all third
persons to which the Borough may be contractually obligated as a result
of requirements imposed by the licensing of the assembly.
D.
In the event that the applicant fails to make payments
as above-mentioned, said applicant shall be responsible for counsel
fees and costs as may be incurred by the Borough in enforcing the
terms of any license issued hereunder.
A.
The Borough Mayor and Council shall conduct a hearing
on an application for a license hereunder at a regular meeting of
the Borough Mayor and Council within 25 days of the submission of
a completed application. An application shall be deemed complete upon
the submission of all required documents heretofore stated and the
confirmation of receipt of such documents by the Clerk, in writing,
to the applicant, which shall be provided within seven days from the
date of submission. In the alternative, the applicant shall be notified,
in writing, within seven days from the date of submission of any deficiencies.
When the deficiencies are corrected by submission, the application
shall be deemed complete, and the hearing shall then be granted as
above-mentioned. A notice of such hearing shall be published at least
once in the official newspaper of the Borough at least five days prior
to the date of the hearing.
B.
The Borough Mayor and Council, after considering the
application and recommendations made pursuant to § 101-12C(12)(a),
may issue a conditional license subject to compliance by the applicant
with those recommendations, adopted by the Mayor and Council. If the
Mayor and Council determine that the provisions of this article are
satisfied and that no such conditions are necessary, a final license
shall be issued.
C.
The applicant shall comply with the conditions of
a conditional license by submission of an affidavit verifying compliance
with said conditions, or, where compliance cannot be practically accomplished
at the time of submission of the affidavit, by an affidavit reciting
the reasons for such noncompliance and verifying that the applicant
will comply with the conditions prior to the assembly.
D.
Upon the submission of an affidavit of compliance
pursuant to Subsection (C), the applicant shall be entitled to the
issuance of a final license within three working days. If, because
of a deficiency in the affidavit, the final license is not issued,
the applicant shall be entitled to a hearing at the next regularly
scheduled meeting of the Borough Council.
A.
The provisions of this article may be enforced by
injunction in any court of competent jurisdiction.
B.
The holding of any outdoor assembly in violation of
any provision or conditions contained in this article shall be viewed
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 license, may be punishable by
a fine not exceeding $2,000, imprisonment for a term not exceeding
90 days or a period of community service not exceeding 90 days, or
a combination thereof.
[Amended 7-13-1999 by Ord. No. 1073-99; 10-14-2008 by Ord. No.
1187-08]
