It shall be unlawful to use and/or operate,
allow to be used and/or operated and/or otherwise cause to be used
and/or operated any smoke machine and/or any device which expels any
gas, fume, vapor and/or other similar emission for the purpose of
entertainment in the interior of any structure in which human occupancy
is intended without first applying for and obtaining from the Borough
of North Haledon Bureau of Fire Prevention a certificate of compliance
with any and all relevant and applicable Fire Code regulations and
any written recommendations of the Bureau of Fire Prevention. The
Bureau of Fire Prevention shall prepare an appropriate application
for public use.
In the event that there does not exist a specific
Fire Code regulation for a particular smoke machine and/or any device
which expels any gas, fume, vapor and/or other similar emission for
the purpose of entertainment in the interior of any structure in which
human occupancy is intended, the user, operator and/or one who intends
to cause the use and/or operation of such device shall nonetheless
comply with such written recommendations as is deemed necessary to
preserve safety by the Borough of North Haledon Bureau of Fire Prevention.
The user and/or operator and/or person who authorizes the use and/or
operation of any smoke machine and/or any device which expels any
gas, fume, vapor and/or other similar emission for the purpose of
entertainment in the interior of any structure in which human occupancy
is intended shall be responsible for compliance with any terms, conditions
and/or circumstances authorizing the use and/or operation of said
devices by the Bureau of Fire Prevention.
Any certificate of compliance and/or written
recommendations as are deemed necessary by the Borough of North Haledon
Bureau of Fire Prevention shall be posted at all times in a visible
location and presented to any North Haledon police officer or member
of the North Haledon Fire Department upon request.
Any person guilty of violating the provisions of this chapter shall be punishable as provided in Chapter
1, General Provisions, Article
II, General Penalty.
Separate and apart from any fine and/or term
of incarceration which may be imposed by the Municipal Court Judge,
the North Haledon Fire Prevention Bureau, the North Haledon Fire Chief
and/or his/her designee, or the North Haledon Police Chief and/or
his/her designee may also order the immediate cessation of use of
any smoke machine and/or any device which expels any gas, fume, vapor
and/or other similar emission for the purpose of entertainment in
the interior of any structure in which human occupancy is intended
upon discovery of a violation of this chapter and without a hearing.
Separate and apart from any fine and/or term
of incarceration which may be imposed by the Municipal Court Judge,
the North Haledon Fire Prevention Bureau, the North Haledon Fire Chief
and/or his/her designee, or the North Haledon Police Chief and/or
his/her designee may also order the immediate and orderly evacuation
of all living creatures from the structure in which human occupancy
is intended upon discovery of a violation of this chapter and without
a hearing in the event said device is deemed an immediate threat to
life and/or property.