The words, terms or phrases listed below, for the purposes of
this article, shall be defined and interpreted as follows:
BLOCK
A designated area within which the public streets shall be
closed for a neighborhood party.
PARTY
A neighborhood block party, celebration or event, but shall
not include a garage sale, yard sale, bazaar, rummage sale or other
similar activity having the principal purpose of fund-raising for
an individual or organization; nor shall it include a political meeting
or rally, carnival or theatrical or musical performance such as rock
concerts or similar events.
STREET
A Borough street, highway or road.
A permit issued pursuant to this article shall be valid only
for the date and the hours specified thereon, which shall not be before
8:00 a.m. or after 10:00 p.m.
The applicant shall be responsible for removal of litter, debris
and other materials from the street or portion thereof used for the
party, which is attributable to or caused by the party. In the event
severely littered streets require Public Works to perform a cleanup
at its own expense, the applicant shall be charged such reasonable
cleanup costs.
A street or portion thereof blocked off for a party shall not
be obstructed by obstacles which cannot be readily moved to allow
emergency and hazard vehicles to enter it in response to an emergency.
No more than two permits shall be granted by the Police Department
in any calendar year for the same block or blocks.
The persons, organization or association to whom the permit
is issued shall be liable for all losses, damages or injuries sustained
by any person, whether a participant or spectator at the block party
or recreational event, whether or not said losses, damage or injuries
arise by reason of the negligence of the person, persons or organization
to whom such permit shall have been issued. The applicant shall be
required to enter into a hold harmless agreement, which agreement
shall provide that the applicant shall agree to save and hold the
Borough harmless of and from any and all obligations and liabilities
which may arise from the temporary street closing which represents
the subject matter of the application. The applicant shall further
agree as part of these provisions to hold harmless the Borough and
to defend at his own cost and expenses any claims or lawsuits instituted
by third parties, which obligations or liabilities might otherwise
exist or be asserted against the Borough.
The applicant, prior to any permit becoming effective, shall
procure and maintain for the block party an insurance policy with
not less than $1,000,000 combined single limit for bodily injury and
property damage as well as automobile public liability of applicable)
and property damage insurance with limits in amounts not less than
$1,000,000 for bodily injury and $500,000 for property damage. The
comprehensive general liability policy shall include the Borough of
Eatontown as an additional insured. The applicant shall provide the
Chief of Police with certificates evidencing the required insurance
coverage at least 10 days prior to the date of the block party, and
said insurance may not be canceled or altered without written consent
of the Borough.
Any block party permit issued pursuant to this article may be
summarily revoked by the Eatontown Police Department when, upon reason
of disaster, public calamity, riot or other emergency, the Eatontown
Police Department deems that the safety of the public or property
requires such revocation.
Any person, firm or corporation violating any provision of this
article shall upon conviction be subject to a fine not exceeding $2,000
or the maximum allowable under N.J.S.A. 40:49-5, a term of imprisonment
not exceeding 90 days or a period of community service not exceeding
90 days or any combination thereof. Each day of violation shall constitute
a separate offense.
[Added 5-13-2015 by Ord.
No. 06-2015]
[Amended 2-8-2023 by Ord. No. 07-2023]
No off-street parking shall occur in the front yard area of any residential dwelling or frontage of a commercial property beyond the limits of the hard surface parking area required in Chapter
89.
Any person, firm or corporation violating any provision of this
article shall upon conviction be subject to a minimum fine of $29,
and a fine not exceeding $2,000 or the maximum allowable under N.J.S.A.
40:49-5, a term of imprisonment not exceeding 90 days or a period
of community service not exceeding 90 days or any combination thereof.
Each day of violation shall constitute a separate offense. Unless
otherwise specifically indicated, when the minimum fine is imposed
for a violation of this provision, no court appearance shall be required
if the fine is paid to the Borough.