[HISTORY: Adopted by the Township Committee of the Township
of Edgewater Park by Ord. No. 3-96 (Title 8, Ch. 8.32, of the 1998 Township Code). Amendments noted
where applicable.]
No person shall permit, maintain, promote, conduct, advertise,
act as entrepreneur, undertake, organize, manage, or sell or give
tickets to an actual or reasonably anticipated outdoor assembly of
500 or more people, whether on public or private property, unless
a license to hold the assembly has first been issued by the Township
Committee of the Township, application for which must be made at least
45 days in advance of the assembly. A license to hold an assembly
issued to one person shall permit any person to engage in any lawful
activity in connection with the holding of the licensed assembly.
No license, however, shall be required for any regularly operated
outdoor recreational facility for the conduct of its normal course
of business. Normal course of business, however, shall not include
the utilization of live music or any other event at which advance
tickets are sold for a single event. Traveling or other shows, circuses,
theatrical performances, plays, exhibitions, concerts, carousels or
carnivals, if the actual reasonably anticipated outdoor assembly shall
be less than 500 people, shall nevertheless be required to obtain
a license therefor from the Township Committee of the Township.
As used in this chapter, the following terms shall have the
meanings indicated:
A company of persons gathered together at any location at
any single time for any purpose.
Any individual, natural human being, partnership, corporation,
firm, company, association, society or group.
A.Â
A separate license shall be required for each day and for each location in which 500 or more people assemble or can reasonably be anticipated to assemble. The fee for each license shall be established in Chapter 240, Fees.
[Amended 2-7-2012 by Ord.
No. 2012-1]
B.Â
The license shall permit the assembly of only a maximum number of
people stated in the license. The licensee shall not sell tickets
to or permit to assemble at the licensed location more than the maximum
permissible number of people.
C.Â
The licensee shall not permit the sound of the assembly to carry
unreasonably beyond the closed boundaries of the location of the assembly.
D.Â
No such assembly shall be conducted between the hours of 11:00 p.m.
and 7:00 a.m.
E.Â
A separate license shall be required in the event of a public assembly
of less than 500 people if a public assembly involves a traveling
or other show, circus, theatrical performance, play, exhibition, concert,
carousel or carnival, and the conditions of this chapter shall apply
to the issuance of such license for the above-enumerated outside activities.
A.Â
This chapter shall not apply to any regularly established permanent
place of worship, stadium, athletic field, arena, auditorium, coliseum
or other similar permanently established place of assembly for assemblies
which do not exceed by over 250 people the maximum seating capacity
of the structure where the assembly is held.
B.Â
This chapter shall not apply to government-sponsored fairs held on
regularly established fairgrounds, or to assemblies required to be
licensed by other ordinances and regulations of the Township, or to
activities regulated by the statutes of the state of New Jersey.
Before one may be issued a license, the applicant shall first:
A.Â
Determine the maximum number of people which will be assembled or
admitted to the location of the assembly, provided the maximum number
shall not exceed the number which can reasonably assemble at the location
of the assembly, in consideration of the nature of the assembly;
B.Â
Provide proof that he will furnish, at his own expense, before the
assembly commences:
(1)Â
A fence completely enclosing the location, of sufficient height and
strength to prevent people in excess of the maximum permissible number
from gaining access to the assembly grounds, which shall have at least
four gates at least on four opposite points of the compass;
(2)Â
Potable water, meeting all federal and state requirements for purity,
sufficient to provide drinking water for the maximum number of people
to be assembled, at the rate of at least one gallon per person per
day;
(3)Â
Separate, enclosed toilets for males and females, meeting all state
and local specifications, conveniently located throughout the grounds,
sufficient to provide facilities for the maximum number of people
to be assembled, at the rate of at least one toilet for every 200
females and at least one toilet for every 300 males, together with
a sufficient sanitary means of disposing of the waste matter deposited,
which is in compliance with all state and local laws and regulations.
A lavatory with running water under pressure and a continuous supply
of soap, paper towels and toilet paper shall be provided with each
toilet;
(4)Â
A sanitary method of disposing of solid waste, in compliance with
state and local laws and regulations, sufficient to dispose of the
solid waste production of the maximum number of people to be assembled,
at the rate of at least 2.5 pounds of solid waste per person per day,
together with a plan for holding and a plan for collecting all such
waste at least once each day in the assembly, and sufficient trash
cans with tight-fitting lids and personnel to perform the task;
(5)Â
Physicians and nurses, licensed to practice in New Jersey, sufficient
to provide an average medical care enjoyed by residents of New Jersey,
for the maximum number of people to be assembled, at the rate of at
least one physician for every 500 people and at least one nurse for
every 500 people, together with an enclosed, covered structure where
treatment may be rendered, containing separately enclosed treatment
rooms for each physician, and at least one emergency ambulance ready
for use at all times;
(6)Â
If the assembly is to continue during hours of darkness, illumination
sufficient to light the entire area of the assembly at the rate of
at least five footcandles, but not to shine unreasonably beyond the
barriers of the enclosed areas of the assembly;
(7)Â
A free parking area inside of the assembly grounds sufficient to
provide parking space for the maximum number of people to be assembled,
at the rate of at least one parking space for every four persons;
(8)Â
Telephones connected to outside lines sufficient to provide service
for the maximum number of people to be assembled, at the rate of at
least one separate line and receiver for each 500 persons;
(9)Â
Security guards, either regularly employed, duly sworn off-duty New
Jersey peace officers, or private guards licensed in New Jersey, sufficient
to provide adequate security for the maximum number of persons assembled,
at the rate of at least one security guard for every 300 people;
(10)Â
Fire protection, including alarms, extinguishing devices, and
fire lanes and escapes, sufficient to meet all state and local standards
for the location of the assembly, as set forth in the statutes of
the state of New Jersey and ordinances of this municipality, and sufficient
emergency personnel to efficiently operate the required equipment;
(11)Â
All reasonably necessary precautions to ensure that the sound
of the assembly will not carry unreasonably beyond the enclosed boundaries
of the location of the assembly;
(12)Â
A bond, filed with the Clerk of the Township, either in cash
or underwritten by a surety company licensed to do business in New
Jersey, in the amount of $500,000, which indemnify and hold harmless
this municipality or any of its agents, officers, servants and employees
from any liability or causes of action which might arise by reason
of the granting of this license, and from any damage incurred by trespass,
vandalism or otherwise, and from any costs incurred in cleaning up
any waste material produced or left by the assembly.
C.Â
In the event that the application for a license is for a traveling
or other show, circus, theatrical performance, play, exhibition, concert,
carousel or carnival, one or more of the above-indicated conditions
may be waived by the Township Committee of the Township on application
of the applicant after consultation with the Chief of Police.
A.Â
Applications for a license to hold an actual or anticipated outdoor
assembly of 500 or more persons shall be in writing to the governing
body of this municipality at least 45 days in advance of such assembly.
The application shall contain a statement made upon oath or affirmation
that the statements contained therein are true and correct, to the
best knowledge of the applicant, and shall be signed and sworn to
or affirmed by the individual making the application. In the case
of an individual, signing of the application shall be by a natural
human being, by an officer in the case of a corporation, by all partners
in the case of a partnership or by all officers of an unincorporated
association, society or group, or, if there are no officers, by all
members of such association, society or group.
B.Â
The application shall contain and disclose:
(1)Â
The name, age, residence and mailing address of all persons signing
the application, and, in the case of a corporation, a certified copy
of the certificate of incorporation, together with the name, age,
residence and mailing address of each person holding 10% or more of
the stock in said corporation;
(2)Â
The name, age, residence and mailing address of all persons contributing
$500 or more to the production of the said assembly;
(3)Â
The address and legal description of all property upon which the
assembly is to be held, together with the name, residence and mailing
address of the record owner or owners of all such property;
(4)Â
Proof of ownership of all property upon which the assembly is to
be held, or statement made upon oath or affirmation by the record
owner or owners of all such property that the applicant has permission
to use such property for an outdoor assembly of 500 or more persons;
(5)Â
The nature or purpose of the assembly;
(6)Â
The total number of days and/or hours during which the assembly is
to last;
(7)Â
The maximum number of persons the applicant shall permit to assemble
at any time is not to exceed the maximum number which can reasonably
assemble at the location of the assembly, in consideration of the
nature of the assembly;
(8)Â
The maximum number of tickets to be sold, if any;
(9)Â
The plans of the applicant to limit the maximum number of people
permitted to assemble;
(10)Â
The plans for fencing the location of the assembly, and the
gates contained in such fence;
(11)Â
The plans for supplying potable water, including the source,
amount available and location of outlets;
(12)Â
The plans for providing toilet and lavatory facilities, including
the source, number and location, type and means of disposing deposits
of waste;
(13)Â
The plans for holding, collecting and disposing of solid waste
material;
(14)Â
Plans to provide medical facilities, including the location
and construction of the structure, the names and addresses and also
availability of all physicians and nurses and provisions for emergency
ambulance service;
(15)Â
The plans, if any, to illuminate the location of the assembly,
including the source, amount of power and the location of lamps;
(16)Â
The plans for parking vehicles, including size and location
of lots, points of highway entry and interior roads, including routes
between highway access and parking lots. Approved state permits must
be furnished;
(17)Â
The plans for telephone service, including the source, number
and location of telephones;
(18)Â
The plans for security, including the number of guards, the
deployment, their names, addresses, credentials and hours of availability;
(19)Â
The plans for fire protection, including the number, type and
location of all protective devices, including the alarms and extinguishers,
and the number of emergency fire personnel to operate the equipment;
(20)Â
The plans for sound control and sound amplification, if any,
including the number, location and power of the amplifiers and speakers;
(21)Â
The plans for food concessions and concessionaires who will
be allowed to operate on the grounds, including the names and addresses
of all concessionaires and their license or permit numbers.
A public hearing shall be held on each application before each
license shall be issued.
The application for a license shall be processed within 30 days
of receipt, and shall be issued if all conditions are complied with.
The license may be revoked by the governing body of this municipality
at any time if any of the conditions necessary for the issuance of
or contained in the license are not complied with or if any condition
previously met ceases to be complied with.
A.Â
The provisions of this chapter may be enforced by injunction in any
court of competent jurisdiction.
B.Â
The holding of any outdoor assembly in violation of any provision
or condition contained in this chapter shall be viewed a public nuisance
and may be abated as such.
C.Â
The penalties of this section shall apply to the owner of the premises
in which the event was held or scheduled to be held as well as the
entrepreneur, licensee, tenant or other person having actual control
in the management of said event.