[HISTORY: Articles I and II adopted by the Township Committee
(now Council) of the Township of Jackson as indicated in article histories.
Subsequent articles adopted by the Township Council as indicated in
article histories. Amendments noted where applicable.]
[Adopted 5-2-1967 by Ord. No. 6-67 (Ch. 81, Art. I, of the
1972 Code)]
From and after the passage of this article, no public meetings,
assemblies or parades in or upon the public streets, highways or other
public places of the Township of Jackson shall take place or be conducted
until a permit therefor shall first have been obtained from the Chief
of Police or, as provided hereinbelow, from the Jackson Township Committee.
Any person, persons or organizations wanting to conduct a public
meeting, assembly or parade at any public place in the Township of
Jackson shall file an application therefor with the Township Chief
of Police at least five days in advance of the proposed meeting, assembly
or parade, which application shall designate the proposed date, time
and place and, if a parade, the proposed route along which such parade
is intended to march or travel and the names of the persons in control
of the same or responsible therefor. The Chief of Police shall forthwith
issue a permit upon said application unless a prior application for
said time and place shall have been made, in which event the Chief
of Police shall indicate another time and place, and, upon the selection
of said alternative time and place by the applicant, he shall forthwith
grant a permit therefor; provided, however, that the Chief of Police
may refuse a permit for said meeting, assembly or parade when in his
judgment the conditions of vehicular and pedestrian traffic or the
effect upon stores, offices or other places of business or upon residents
in the vicinity, all considered in relation to the comfort and convenience
of the public generally, as to peace and good order, shall so warrant.
Upon denial by the Chief of Police of any application made in pursuance
of this article, the applicant may appeal from the determination of
the Chief of Police within three days thereafter to the Township Committee
of the Township of Jackson, by filing said application with the Township
Clerk of the Township of Jackson, who shall thereupon promptly convoke
a meeting of said Township Committee for the purpose of acting upon
said application. Upon such appeal, said Committee may reverse, affirm
or modify in any regard the determination of the Chief of Police by
a vote of a majority of those present at said meeting. To carry out
the judgment of said Township Committee upon an appeal, the Township
Clerk is directed to issue or deny a permit in conformity with the
judgment of the Township Committee.
[Added 8-24-1981 by Ord. No. 42-81]
Before any permit is granted pursuant to § 298-2, the person, persons or organizations applying for such permit shall provide and deposit with the Township of Jackson a certificate of public liability insurance in an amount to be determined by the Township Committee, but in no event less than the amount of $100,000, single limit, naming the applicant or applicants and the Township of Jackson as co-insured. In addition thereto, the person, persons or organizations applying for such permit shall execute an agreement holding the Township of Jackson harmless from any and all claims, judgments or demands of any kind whatsoever arising out of the issuance of the permit. The form and contents of said hold harmless agreement shall be approved by the Township Attorney.
This article shall not be construed to apply to funeral services
or funeral processions.
Any person or persons violating any of the provisions of this
article shall, upon conviction by a court of competent jurisdiction,
be punished by a fine not to exceed $500 or imprisonment in the Ocean
County Jail for a period not to exceed 90 days, or both.
[Adopted 12-5-1972 by Ord. No. 12-72 (Ch. 81, Art. II, of
the 1972 Code); amended in its entirety 10-12-2021 by Ord. No. 21-21]
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 Jackson, other than
in established auditoriums and other places licensed or permitted
for public occupancy as permitted by law, any use thereof for the
purposes of mass musical or public entertainment purposes, including
but not limited to concerts, music festivals, or such similar type
of events, except pursuant to a special permit issued therefor by
the Township of Jackson 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 jurisdictions of the Township of Jackson shall license,
rent, lease or otherwise permit the use of such real property or any
part thereof for the use of a mass musical concert or other public
entertainment, other than in established theaters, auditoriums or
other places of assembly licensed for public occupancy as required
by law, except pursuant to a special permit issued therefor by the
Township of Jackson as hereinafter provided.
A.
The Township
Administrator may issue a special permit upon written application
made therefor by such person, partnership, association or corporation,
or combination thereof, who proposes to maintain, conduct, promote
or operate a mass musical, concert or public entertainment event,
which application shall include the name and the property owner and
who together shall be herein designated as the "applicant."
B.
Application procedure.
(1)
The applicant shall file an application with the Township Clerk and
the Township Administrator of the Township of Jackson at least 60
days prior to the date or dates upon which such event is to take place.
The application shall include the appropriate name of the current
property owner acknowledging permission for the event to take place
and the name of the person or other legal entity who is conducting
said event.
(2)
The application shall be signed by all persons who have any contractual
relationship with the owner of the property as well as the property
owner regarding the event to be scheduled.
(3)
The application shall be accompanied by a diagrammatic sketch or
plan of the proposed site, showing dimensions of the parking area,
driveways and roads as they relate to traffic flow, traffic control
and parking.
(5)
The application shall further state, in specific detail, what provisions
are proposed for the accommodation of the persons attending in the
following particulars:
(a)
Food and drink.
(b)
Toilet and other sanitary facilities.
(c)
Medical care and first aid services to be available.
(d)
Parking of cars, indicating parking areas and means of ingress
and egress.
(e)
Public safety, indicating the kind and number of guards or special
police assisting in the control of traffic and supervision of those
attending the event and indicating specific details as to their posts
and assignments.
(6)
It shall be the responsibility of the Township Administrator to determine
whether to issue a special permit in accordance with this article.
(b)
After consultation with said officials, the Township Administrator
shall determine whether or not said permit should be issued.
(c)
In the event such a special permit is issued, the applicant
shall be required, at least 10 days prior to the event, to post with
the Township either a surety bond or cash deposit in an amount to
be determined by the Township Administrator to ensure appropriate
cleanup, restoration and reimbursement of costs incurred by the municipality
with respect to such event.
(d)
In addition, at least 10 days prior to said event, the applicant
shall provide proof of insurance naming the Township, its agents,
servants and/or employees as additional insureds, with a minimum liability
coverage in the amount of $1,000,000. A fee in the amount of $250
shall accompany each application.
This article shall not be applicable where there are to be less
than 1,000 people attending such event and where such event does not
exceed a period of six consecutive hours and provided further that
the Chief of Police of the Township, the Township Clerk and Township
Administrator are notified of said event at least 48 hours in advance
thereof by written notice duly acknowledged and received by the Chief
of Police, Township Clerk and Township Administrator.
Any person, group of persons, partnership, association or corporation,
individually or collectively, who shall violate or aid in, take part
in or assist in the violation of this article shall be subject, upon
conviction, to a fine of not more than $500 or imprisonment for a
period not to exceed 90 days, or both. 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 of Jackson or other law enforcement
authority to avoid or prevent any violation or attempted violation
of this article, such as but not limited to an injunction or restraining
order.
This article is in addition to any other law, ordinance or regulation
affecting the subject matter herein and is not in limitation thereof.
