[Added 2-22-2012 by Ord. No. 01-2012]
The words, terms or phrases listed below, for the purposes of
this article, shall be defined and interpreted as follows:
A designated area within which the public streets shall be
closed for a neighborhood 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.
A Borough street, highway or road.
A.
No person, association or group shall cause or permit a Borough street
to be closed for the purpose of conducting a block party, without
first having obtained a permit issued by the Chief of Police on a
temporary street closing.
B.
Applications for block party permits shall be made with the Chief
of Police of the Borough of Eatontown no sooner than a year prior
to the date selected for holding the event, and at least 30 days before
the date of such event. Applications shall be made on a form to be
provided by the Chief of Police for that purpose and will then be
forwarded to the Traffic Safety Officer for review. Applications shall
contain the following information:
(1)
Names, addresses and telephone numbers of applicant(s) and each owner
of property whose access to the temporarily closed street(s) will
be impacted by the permit.
(2)
The date and period of time for such temporary street closings, including
a rain date if applicable.
(3)
Explanation of the extent and nature of the proposed temporary street
closing.
(4)
Description of the proposed method of effecting the temporary street
closing and the location of any and all barriers to be used in restricting
the flow of vehicular traffic on the closed street(s).
(5)
The proposed location and description of any temporary structures,
rides or other items to be placed in the roadway.
(6)
A signed statement by the applicant(s) that he/she or they agree
to abide by all the conditions of the permit, the ordinances of the
Borough and the applicable rules and regulations of the Police Department.
(7)
A designated contact person.
(8)
An acknowledgement by property owners that no motor vehicle traffic
will be permitted during the block party except for vehicles used
in connection with the block party, municipal vehicles and emergency
vehicles.
C.
The applicant shall give notification to Public Works at least 72
hours prior to the event to drop off barricades based upon availability.
A security deposit of $50 will be required. The applicant shall give
notification to Public Works on the next business day following the
block party to request pickup of the barricades. If any equipment
is broken upon return, the applicant's security deposit may be used
by the Borough towards reimbursement costs.
A.
The application shall be accompanied by a fee in the amount of $75,
which shall be refundable in the event that the permit is denied.
The Chief of Police shall authorize the issuance of a block party
permit conditioned upon the applicant's written agreement to comply
with the terms of such permit, unless the Chief of Police is advised
by the Traffic Safety Officer that:
(1)
The time, size and location of the event will unreasonably disrupt
the movement of traffic.
(2)
The event is of a size or nature that requires diversion of Borough
police officers to the extent that reasonable police protection would
be denied to the Borough.
(3)
Such event will interfere with another event for which a block party
permit has already been issued.
(4)
The information contained in the application is found to be false
or nonexistent in any material detail.
(5)
The applicant refuses to agree to abide by or comply with all conditions
of the permit.
(6)
The proposed block party prevents or interferes with the movement
of firefighting, first aid or other safety and/or emergency vehicles
to the point of interfering with normal fire protection, ambulance
service or other safety services in the Borough.
B.
The Chief of Police or his designee shall advise the applicant, in
writing, of the reason for any denial of the application.
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.
