[HISTORY: Adopted by the Township Committee of the Township
of Fredon 8-3-1970; amended in its entirety by Ord.
No. 25-84 (Sec. 4-1 of the 1972 Revised General
Ordinances). Amendments noted where applicable.]
A.
No person, group of persons, partnership, association or corporation,
or any combination thereof, shall maintain, conduct, promote or operate
on any lands or premises within the Township of Fredon other than
in established theaters, auditoriums or other places licensed or permitted
for public occupancy as limited by law, any use thereof for the purposes
of exhibitions or entertaining the general public, if a fee or admission
is charged or voluntary contributions solicited, except pursuant to
a special permit issued therefor by the Township as hereinafter provided.
B.
No owner, lessee, licensee or other person, partnership, association
or corporation having any right to or interest in any real property
within the jurisdiction of the Township shall license, rent, lease
or otherwise permit the use of such real property or any part thereof
for exhibitions or entertaining the general public if a fee or admission
is charged or voluntary contributions solicited other than in established
theaters, auditoriums or other places licensed for public occupancy
as limited by law, except pursuant to a special permit issued therefor
by the Township Committee as hereinafter provided.
C.
No person, group of persons, partnership, association or corporation,
or any combination thereof shall conduct or promote, by advertising
or otherwise, a gathering for public entertainment which will have
eight hours of entertainment within a forty-eight-hour period, or
any part thereof.
A.
The Township Committee may issue a special permit herein upon written
application made by such person, partnership, association or corporation,
or combination thereof, who proposes to maintain, conduct, promote
or operate such public entertainment, together with the owner, lessor
or licensor who proposes to rent, lease, license or otherwise permit
such public entertainment, all hereinafter designated as "applicant."
B.
The applicant shall file a verified application with the Township
at least 30 days before the first day of advertising, and at least
90 days before the first day of the entertainment.
C.
The applicant shall file with the Township Clerk a copy of the verified
application filed by the applicant with the Mass Gathering Review
Board pursuant to N.J.S.A. 5:11-1 et seq.,[1] the Mass Gathering Act and N.J.A.C. 8:10-1 et seq., promulgated
by the N.J. Department of Health at least 30 days before the first
day of advertising and at least 90 days before the first day of the
public entertainment.
[1]
Editor's Note: N.J.S.A. 5:11-1 through 5:11-14 were repealed
by L. 2007, c. 39, § 1, effective 1-29-2007.
D.
The application shall be signed by all persons having a financial
interest in the event, and the property owners of the whole property
upon which the proposed event is to take place.
E.
The permit application shall include the following information:
(1)
The applicant's full name, residence, telephone number and post
office address, and whether such applicant is an individual, partnership,
firm, corporation or a governmental unit or agency of the state or
local government, all applicants shall submit a financial statement
with their application.
(2)
A diagramatic sketch plan drawn to scale of the proposed site of
the public entertainment showing the locations and dimensions of the
proposed service roads, potable water facilities, sanitary facilities,
sewage disposal facilities, medical service facilities, distribution
of security personnel, and provisions for food storage as well as
camping facilities and projected plans for enclosure, if necessary,
of the proposed site.
(3)
The water supply and distribution system shall conform with the requirements
outlined in Section 4, Chapter XI, Campgrounds, of the N.J. State
Sanitary Code:
(4)
A statement for the purposes of the gathering and a program of the
events scheduled.
(5)
Written permission from the owner of the property on which the gathering
is to take place. If the premises are not owned by the applicant,
then the names of the lessor or licensor and a copy of the lease or
license shall be attached.
(6)
A statement of the number of persons expected to attend such event,
the basis upon which such estimate is made, and the duration of such
attendance.
(7)
The specific details, including certified copies of contracts entered
into or provisions relating to:
(a)
Food and drink.
(b)
Sanitary facilities.
(c)
Transportation and parking facilities.
(d)
Security and protection of surrounding area, including specific
reference to the number of guards or special police assisting in the
control of traffic and supervision of those attending. The contract
should indicate the number of security guards in shifts to cover the
event from a period of three days prior to the event until the area
is cleaned and evacuated after the event.
(e)
On-site medical facilities and hospital care.
(f)
Janitorial services and post-gathering trash removal. A contract
indicating the number of janitorial and cleanup personnel in shifts
to cover the area prior to the event, during the event and until the
area is evacuated.
(g)
Outline of the action to be taken to ensure the cleanup and
restoration of the area at which such event takes place within 48
hours after the close of the event.
(h)
The plans for sound control and sound amplification, if any,
including the number, location, and power of the amplifiers and speakers,
together with applicant's proposal to confine the sound to the
area of the assembly.
(8)
A statement containing the names of the licensed ticket printers
to be used and the plans for assuring the return of monies upon the
termination or cancellation of the events as well as the means of
notifying potential and existing ticket holders of such cancellation.
(9)
Examples of proposed advertising of the event, if any.
(10)
A certified copy of the bond or verified evidence or other suitable
financial arrangements, as hereinafter required, must be attached
to the application to include:
(a)
Reimbursement to ticket purchasers in the event of termination
or cancellation of the event or of the failure of the applicant to
conduct the event as proposed or advertised.
(b)
Cleanup and restoration of the area at which such event takes
place within 48 hours after the close of the event.
(c)
Said bond or other suitable financial arrangements shall be
in accordance with the following formula: (Number of tickets) - admission
fee for each ticket printed + $2 per printed ticket = minimum amount
of bond or other security.
(11)
A policy of insurance covering liability, personal property
and bodily damage from such insurance companies authorized to do business
in the state of New Jersey and in such amounts as to be fixed by the
Township Committee.
(12)
In addition to the insurance obligation provided for hereinabove,
the Township Committee may require of the applicant, prior to the
issuance of a permit, a cash deposit in an amount sufficient to ensure
full payment of its permit fees, and/or to ensure prompt repair of
physical damage and collection of refuse, if same is not adequately
provided for by the applicant. Such a cash deposit may include sums
sufficient to pay for special police officers and like personnel as
may reasonably be required by the event and for which the Township
will bill the applicant.
(13)
The applicant shall reimburse the Township directly for all
reasonable review and inspection fees of the municipal engineer, board
attorney, planning consultant, other Township personnel and expert
witnesses, for any such review and inspections of improvements. In
addition, the applicant shall make an initial deposit with the Township
Clerk, to be applied to the cost of these fees. The Board shall have
the right to require additional deposits to be paid by the applicant,
from time to time, in order to ensure that review and inspection fees
are adequately provided. Should the balance of said fees not be paid,
building permits and/or certificates of occupancy may be withheld
by the applicable Township official.
F.
Designated representatives of the Township Committee shall be permitted
to inspect at any time the site of the event for the purpose of investigating
the application and for the purpose of ensuring compliance with the
provisions of this chapter.
G.
Each application shall have attached thereto the written recommendations
of the following with respect to the adequacy of the provisions proposed
under the items set forth above:
H.
The applicant shall sign as part of the application the following
indemnification agreement:
|
"The applicant hereby represents, stipulates, contracts and
agrees that they do jointly and severally indemnify and hold harmless
the Township of Fredon against all liability for any and all claims
for damages to property or injury or death to persons arising out
of or resulting from the issuance of the permit or the conduct of
the public at or during the term of the event applied for."
|
I.
The Township Committee, after public hearing thereon held within
60 days after submission of such application, held pursuant to the
publication of a notice of hearing published at lease once in the
official newspaper of the Township at least 10 days prior to such
hearing, after considering the application and after causing due investigation
and report on it, and after considering the facts and circumstances
in the premises, and after giving due regard to the recommendations
of those officials mentioned above, may issue a special permit upon
such terms and conditions as it deems necessary and proper to ensure
the public health, safety and welfare. If the Township Committee rejects
the application, it shall set forth in writing the reasons for rejection.
J.
The applicant, prior to the event, shall post a bond suitable to the Township Committee as to amount and surety, pursuant to Subsection E(10) above.
L.
The Township Committee shall have the absolute discretion to waive
some or all of the application requirements.
This chapter shall not be applicable where:
A.
There are to be less than 200 people attending such event and where
such attendance does not exceed a period of more than four consecutive
hours.
B.
The event may be reasonably classified as a family picnic, outing
or the like sponsored by a charitable or nonprofit corporation or
organization.
C.
The Township Committee may waive some or all of the application requirements
where the magnitude of the proposed event does not require complete
compliance in order to insure the safety and welfare of the public.
Copies of the diagrammatic sketch plans shall be made available
to the holders of tickets of this event. This sketch plan shall be
made available at the ticket sales offices and at the site entrance
of the event and shall be distributed to the people entering same.
A.
No licensee shall permit any exhibition, performance or gathering
of persons for any unlawful purpose or any event to be conducted in
any unlawful, disorderly, obscene or lewd manner.
B.
No outdoor show, concert, festival, dance, theatrical performance,
exhibition or public gathering for purposes of amusement shall allow
any performer to perform or be displayed in the nude.
C.
No outdoor show, concert, festival, dance, theatrical performance,
exhibition or public gathering for purposes of amusement shall be
allowed which depicts sexually suggestive acts or subjects offensive
to public morals and decency.
D.
No outdoor show, concert, festival, dance, theatrical performance,
exhibition or public gathering for purposes of amusement shall allow
the use of any moving pictures or other media which are obscene, lewd,
indecent or offensive to public morals and decency.
E.
No licensee shall permit any of his employees or agents or any spectators
or other persons on the licensed premises during the period of time
licensed to completely undress, become undressed, or go about in the
nude or in a lewd, obscene or indecent manner.
F.
The licensee shall allow the state police and any special police
of the Township or any other persons duly authorized by the Township
to inspect the licensed premises or any part thereof and the performances,
exhibition and shows for public gathering at any time either prior
to or during the period of time licensed, to inspect the premises
and observe the persons upon the premises or to detect violations
of this chapter or of any law of the federal government, the State
of New Jersey or the Township.
G.
The licensee shall take all proper means to assist in the orderly
conduct and presentation of its events and to maintain a flow of traffic
and use of the premises without congestion of traffic. For such purposes,
the licensee shall employ or obtain sufficient personnel to carry
out these objectives.
H.
The licensee shall maintain at his own expense one or more persons
responsible for the proper conduct of the licensed event who shall
remain upon the licensed premises at all times during the effective
license period. The name, address and description of any such person
responsible shall be furnished to the Township before the beginning
of the licensed period and in the event that any change is made, notice
of such change with the names and addresses and descriptions of the
persons to be substituted shall be furnished to the Township Clerk
upon at least 24 hours' notice. The Mayor or other authorized officer
or agent of the Township for such purpose may require the licensee
to introduce any person responsible for the conduct of the event to
the Mayor or such other authorized officer or agent as the Township
may designate to the licensee.
A.
If any provision of this chapter is violated, the Township Committee,
through its authorized officers or agents, may suspend or revoke a
license issued hereunder. Such suspension or revocation shall be determined
as follows:
(1)
The Mayor or other person authorized by the Township Committee shall
cause a written notice of the alleged violation of this chapter or
of any others laws involved to be served upon the licensee or any
of his agents upon the premises together with a notice of the time
and place of hearing to be held, not less than 12 hours after service,
directing the licensee to show cause before the Township Committee
why the license should not be suspended or revoked.
(2)
At the hearing, the Township Committee shall hear all the evidence
offered by the Township and the licensee which is relevant to the
issue and shall make a prompt determination of its findings. If the
findings are in favor of the licensee, the charges shall be dismissed,
but if the findings are against the licensee, the license may be revoked
entirely or suspended upon such conditions as the Township Committee
may direct. In the event of full revocation, the licensed event shall
be terminated immediately and no further outdoor show, concert, festival,
dance, theatrical performance, exhibition or public gathering for
purposes of amusement shall be held under the license granted therefor
and any persons remaining upon the licensed premises may be dispersed
immediately by any peace officer of the Township or by such other
persons as may be properly authorized by the Township.
B.
A permit may be revoked by the Township Committee upon 12 hours'
notice to the applicant where it appears that:
(1)
The application is materially false or purposely misleading.
(2)
The number of persons attending the assembly is unexpectedly greater
by 50% than the number initially projected and the applicant is unable
to deposit sufficient moneys to insure adequate police protection,
or is unable by reason of such increase, to provide proportionally
greater sanitary, water, food and other health facilities.
(3)
New or substantially changed conditions have arisen so as to imperil
or materially endanger the public health, morals, safety or welfare.
C.
Notwithstanding the above, a permit may be revoked at any time after
24 hours prior to the event, and any time during the event, where
it appears that the public health, morals, safety, or welfare are
being endangered, where it appears that numerous acts of criminality,
disorderly conduct, juvenile delinquency, violations of the Controlled
Dangerous Substances Act of the State of New Jersey[1] are occurring, or where nuisances substantially impairing
the comfort or welfare of the Township are occurring.
(1)
Where such circumstances appear, a permit shall be revoked in the
following manner:
(2)
In the event of revocation under this section, the permit fee and
the cash deposit, to the extent the latter is billed, used or required,
shall not be returned to the applicant.
[1]
Editor's Note: See N.J.S.A. 24:21-1 et seq.
D.
No license fee or portion thereof shall be refunded following revocation
or suspension of any license.
Whenever notice is required to be given to the applicant or
licensee, service thereof 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 licensed premises.
[Amended by Ord. No. 99-06]
Any person, group of persons, partnership, association, corporation, individually, collectively, who shall violate or take aid in, take part in or assist in the violation of this chapter shall be liable for penalties in accord with the schedule shown in § 1-3. Each and every day that such violation occurs or continues to exist shall be considered a separate and specific violation.
Nothing contained herein shall be deemed or construed so as
to prevent the enforcement of any other remedy at law concurrent or
otherwise, available to the Township or other law enforcement authority
to avoid or prevent any violation of this law, such as, but not limited
to, an injunction or restraining order.
This act is in addition to any law, ordinance or regulation
affecting the subject matter herein and is not in limitation thereof.
