[HISTORY: Adopted by the Borough Council of the Borough of Medford Lakes as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 150.
Noise — See Ch. 163.
Peace and good order — See Ch. 168.
Vehicles and traffic — See Ch. 225.
[Adopted 5-28-2014 by Ord. No. 618]
As used in this article, the following terms shall have the meanings indicated:
BLOCK PARTY
A festive gathering on a residential public trail requiring a closure of said trail, or a portion thereof, to vehicular traffic and use of the trail for the festivity.
BOROUGH
The Borough of Medford Lakes.
COUNCIL
The Medford Lakes Borough Council.
ORGANIZER
Any person who conducts, manages, promotes, organizes, aids or solicits attendance at a special event. This person shall also be deemed the responsible person(s) who shall be the contact person prior during and after the event for all Borough employees or representatives and shall respond to all Borough inquiries and demands.
PERMIT
A permit issued pursuant to this article.
SPECIAL EVENT
Any race, walkathon, fair, carnival festival, show, exhibition, block party or other similar event in or upon any public grounds, park or trail of the Borough.
PERSON
Any natural person who is a Borough resident and owner or lessee of property on the block for which the permit is sought, or company duly formed and existing under the laws of the State of New Jersey, its owners, agents, employees or representatives, except where the context clearly requires a different meaning.
PUBLIC GROUND OR PARK
Shall not, for purposes of this article, include real property owned or leased by Medford Lakes Board of Education or the Medford Lakes Colony Club.
TRAIL
The public rights-of-way, roads, streets or trails of the Borough of Medford Lakes, whatever nature, which are publicly maintained and open to use of the public for purposes of vehicular, bicycle or pedestrian travel.
VENUE
The specific property, area or site for which a permit has been issued.
A. 
A person or organization desiring to hold any special event in or upon any public ground or park or trail of the Borough must first apply for and obtain a permit from the Borough Clerk in accordance with the requirements of this article.
B. 
Special event dates. Special event dates are permitted only on those dates approved by Council, and Council reserves the right to exclude certain dates from special events based upon other public or quasi-public events, holidays, or other observances that may impact the ability to conduct a special event on a certain date.
C. 
Application. An application for a permit required by this article shall be filed with the Clerk on a form furnished by the Borough, and signed by the organizer under penalty of perjury. The application shall evidence the consent of a majority of all affected property owners or lessees of property within the street(s) of a proposed block party. An application shall be filed not less than 30 days before the date of the proposed special event. For smaller events, such as block parties, the thirty-day time period may be waived by the Council or the Manager if an event arises on short notice, so long as it is submitted no later than four business days prior to the event.
D. 
Application fee. There shall be a fee of $50, payable upon the filing of the application. This fee may be waived by the Council under hardship or other reasonable circumstances which it deems appropriate. This fee shall not apply to block parties or any special event where the Township Council or the Manager determines that the event does not generate income to the event holder and has a general benefit to the residents of Medford Lakes.
E. 
An organizer which holds recurrent events for the benefit of the citizens of the Borough may make a single application listing all events for consideration. In such instances, only one application fee shall be paid. If such an entity wants to add an event after its application has been submitted, it shall do so with a letter addendum which will be considered as set forth herein.
F. 
A permit application shall contain:
(1) 
Names, addresses, and telephone numbers of organizer(s) and, where applicable, each owner of property whose access to the temporarily closed trail will be directly impacted by a special event street closure, and a consent and acknowledgment form signed by each such owner.
(2) 
The date and period of time for such temporary trail closings, if applicable.
(3) 
The proposed venue and description of any temporary structures, rides or other items to be placed in the roadway or other municipal property.
(4) 
A signed statement by the organizer that he/she or they agree to abide by all the conditions of the permit, the ordinances of the Borough, unless expressly by formal action of Council, the applicable rules and regulations of the Police Department, and state law.
(5) 
A designated contact and responsible person(s).
(6) 
Where applicable, an acknowledgement by property owners that no motor vehicle traffic will be permitted during the special events, except for vehicles used in connection with the special event and any municipal or emergency vehicles.
The organizer shall provide an escrow, as determined by the Borough Manager, or his or her designee, based upon the reasonably anticipated Borough costs for public works, police services and first aid services arising from the special event, no less than 10 days prior to the special event. Costs incurred as a result of the special event will be drawn from the escrow. If money remains it shall be refunded to the organizer, and any deficiency will be paid by the organizer no later than five days after notice of said deficiency. The requirement for escrow shall not apply to block parties or any special event where the Township Council or the Manager determines that the event does not generate income to the event holder and has a general benefit to the residents of Medford Lakes.
A. 
Standards. In addition to considering the health, safety, and welfare of the public, the standards for the issuance of a permit shall include:
(1) 
The time, size and venue of the special event will not disrupt, to an unreasonable extent, the movement of traffic through the Borough;
(2) 
Whether the special event is of a size or nature that it would require the diversion of so great a number of police officers of the Borough that reasonable police protection would be denied to the Borough;
(3) 
The special event will not interfere with another event for which a permit has already been issued;
(4) 
The conduct of the special event is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct, or create a disturbance;
(5) 
The conducting of the special event, or its venue, will not interfere with the movement and response of fire fighters and their equipment, police or ambulance service;
(6) 
The time, size and venue of the special event will not cause undue hardship to adjacent residences or businesses;
(7) 
The Borough reserves the right to waive any and all conditions, or to consider such other reasonable factors in approving or rejecting the application, in its sole discretion.
B. 
Borough Manager review. The Borough Manager, or his or her designee, with the advice and input of the Chief of Police, shall review each application and make the following recommendations:
(1) 
To approve or deny the permit application;
(2) 
Appropriate and necessary public entity support services, such as police, first aid, and public works;
(3) 
Appropriate health, safety and risk management techniques and measures; and
(4) 
Other permit conditions which promote the health, safety, and welfare of the public.
C. 
Council review. Council shall review the recommendations of the Manager and make the final determination of whether to issue a special events permit, by formal motion and recorded on the record and in the minutes. The motion may set forth such conditions, measures and restrictions as may be necessary to insure that the standards and obligations set forth herein, and in the permit, are complied with. The permit shall also be conditioned upon the organizer's written agreement to comply with the terms of the permit.
A. 
The following events and entities are exempt from the requirements of this article:
(1) 
No special event permit shall be required for impromptu public outpourings which do not require the closing of a roadway;
(2) 
Nonprofit, civic and community entities holding sporting or other recreational activities or events on property owned or leased by the Medford Lakes School District or the Medford Lakes Colony Club;
(3) 
Events organized and conducted by the Medford Lakes School District, Medford Lakes Home and School Association, Medford Lakes Colony Club, Medford Lakes Lions, Medford Lakes Boy Scouts and Girl Scouts, and any other similarly situated entity that is not for profit and primarily serves the Medford Lakes Community on Borough Property or trails;
(4) 
Special events arranged or organized by the Borough or one its divisions, including the Medford Lakes Fire Company.
B. 
The Council may, where they determine it to be appropriate, waive the costs associated with policing or cleaning after such an event. Entities that are exempt are still required to notify the Borough Manager in advance in order to allow the Borough to adequately anticipate and prepare for any Borough issues that may arise as a result of the event.
A. 
Insurance. The Borough shall require, as a condition of the issuance of a permit, and the organizer shall furnish evidence of a public liability insurance policy in an amount not less than $1,000,000 combined single limit, per occurrence and in the aggregate, covering personal injury and property damage, issued by an insurance company authorized to do business in the State of New Jersey. The insurance policy shall be endorsed to the Borough, with the Borough, its elected and appointed boards, officers, agents, and employees named as additional insured, and shall provide that any other insurance maintained by the Borough shall be in excess of and not contributing with, the insurance coverage provided to the Borough under the organizer's policy.
B. 
Indemnification. The organizer shall also be required to sign an indemnity agreement in a form approved by the Borough Attorney which shall expressly provide that the organizer agrees to defend, protect, indemnify and hold the Borough, its officers, employees and agents free and harmless from and against any and all claims, damages, expenses, loss or liability of any kind or nature whatsoever arising out of, or resulting from, the alleged acts or omissions of organizer, participants, its officers, agents or employees in connection with the permitted event or activity; and the permit shall expressly provide that the organizer shall, at organizer's own cost, risk and expense, defend any and all claims or legal actions that may be commenced or filed against the Borough, its officers, agents, participants or employees, and that the organizer shall pay any settlement entered into and shall satisfy any judgment that may be rendered against the Borough, its officers, agents or employees as a result of the alleged acts or omissions of organizer or organizer's officers, agents, participants or employees in connection with the uses, events or activities under the permit. This indemnification shall specifically include the provision of legal counsel for defense, including payment thereof, and any costs incurred by the Borough in seeking enforcement of the indemnification.
A. 
Any person, firm, corporation, association or legal party whatsoever who or which shall violate, or authorize or procure a violation, or cause to be violated, any provision of this article shall, upon conviction thereof, be punishable as provided under the general penalty provisions found at § 1-15 of this Code.
B. 
In addition, to the above, the violating party may be assessed police and/or public works costs incurred by the Borough as a result of said violation.
C. 
The holding or conducting of any block party subject to the provisions of this article without a valid permit issued pursuant to the provisions of this article is hereby declared a public nuisance.
D. 
The Police Department of the Borough shall, in connection with their duties imposed by law, diligently enforce the provisions of this article. The Police Department of the Borough shall have the authority to eject from the special events area any person or persons acting in violation of this article or other applicable ordinances of the Borough. The Police Department of the Borough shall have the authority to seize and confiscate any property, thing, or device used in violation of this article.
E. 
The Manager shall have the authority to suspend or revoke a permit upon a joint finding by them of a violation of any rule, permit condition, ordinance or upon good cause shown. If a permit is suspended, it may be reinstated by the Manager if the violation is demonstrated to be rectified in a timely manner.