[Adopted 12-18-2012 by Ord. No. 2012-13]
The following terms shall have the meanings indicated:
A party, celebration or event taking place in a designated
area within which the public streets shall be closed, and which event
shall be sponsored by residents in such designated area. The term
"block party" shall not include a garage sale, yard sale, bazaar,
rummage sale or other similar activity having its principal purpose
as fund-raising for an individual or organization, nor shall it include
a political meeting or rally, a carnival or a theatrical or musical
performance, such as rock concerts or similar events.
No block party shall be conducted on public property or a street
right-of-way unless a permit is issued pursuant to this article.
A.
At least 20 days before a block party, an application for such permit
shall be filed by a bona fide resident, who is over the age of 18,
of the street to be blocked.
B.
Upon receipt of a complete application meeting the standards required
by this article, the Borough Clerk shall place the application on
the agenda for the next available meeting of the Mayor and Council.
The Mayor and Council, may, by resolution, delegate the authority
to issue a permit for the block party to a Borough official.
No fee shall be charged for an application under this article.
A.
The permit shall be granted if the party seeking the permit is authorized
and responsible and satisfies the requirements of this article.
B.
No permit shall be granted if blocking the street or portion thereof
on the date requested in the application will unduly interfere with
the flow of vehicular traffic or upon determining that the party is
not authorized.
C.
If a permit is denied, the Borough Clerk shall advise the applicant,
in writing, of the reason for the 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
12:00 noon or after 10:00 p.m.
Within 30 minutes after the end of the block party, but in any
event no later than 10:30 p.m., the applicant shall:
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 one block party permit shall be granted in any
calendar year for the same designated area.
A.
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, damages or injuries arise by reason
of the negligence of the person, persons or organization to whom such
permit shall have been issued.
B.
Prior to the issuance of a permit or commencement of the temporary
street closing, the applicant shall submit evidence of liability insurance,
covering damages to property and injuries to members of the general
public arising out of the temporary street closing, in such amounts
as may be established from time to time by the Mayor and Council as
part of the application.
C.
The application shall contain a hold harmless agreement, which agreement
shall provide that the applicant shall agree to:
(1)
Save and hold the Borough of East Rutherford 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;
and
(2)
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 of East Rutherford.
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction, be subject to the penalty described in § 257-5.
