The following definitions shall apply to the interpretation
and enforcement of this chapter:
AMUSEMENT PROMOTION
An outdoor activity restricted to the use of children's rides
and children's games, which may operate with or without charge.
APPLICATION
A request for a person to conduct an activity under this
chapter.
BAZAAR
An outdoor activity restricted to the sale of homemade food
and beverage, used clothing, homemade or handmade merchandise and
bric-a-brac, both new and used.
BLOCK PARTY
An outdoor activity including, but not limited to the use
of children's rides, games, food and drink, concessions and strolling
vendors.
CARNIVAL
An outdoor activity restricted to adult and children's rides,
adult and children's games, food, drink, souvenir concessions and
entertainment for which there is no admission charge.
CIRCUS
An outdoor activity restricted to the exhibition of animals
and the performance of animal acts, high wire and similar acts of
any kind, including clowns, and the sale of food and beverage, balloons,
pennants, souvenirs and similar small items.
COMMUNITY OUTREACH/ENGAGEMENT
Gatherings to create community support groups, advocate for
community issues, political campaigning, gift and other donation drives.
[Added 12-21-2022 by Ord. No. 2696-22]
CONCERT
An outdoor event for which there is an admission charge,
restricted to the use of singers, singing groups and musicians, using
electrically amplified equipment, and the sale of food, beverage and
items, such as tapes, records, T-shirts and souvenirs.
CONCESSION
A single game of chance or skill, a single food or beverage
booth, stand or mobile vehicle from which merchandise is dispensed
or a single amusement ride.
CONCESSIONAIRE
A person who operates or participates in the running or operation
of one or more concessions, a vendor or an operator.
FAIR
An outdoor activity restricted to the use of children's rides,
children's games, food and drink, concessions and strolling vendors.
FESTIVAL
An outdoor activity restricted to the sale of food and beverage.
FLEA MARKET
An open market usually held outdoors, where used household
goods, antiques and inexpensive items are sold.
FOOD DRIVE
A charity event dedicated to collecting food items for distribution
to persons who cannot afford food.
[Added 12-21-2022 by Ord. No. 2696-22]
LICENSE
The permission, in writing, from the appropriate department(s)
of the Borough of Roselle, issued in accordance with the provisions
of this chapter.
LICENSEE
The individual person named as agent for the sponsor of the
outdoor activity license application who executes the same, accepting
ultimate responsibility for the operation of the outdoor activity.
MARCH
An organized procession of demonstrators who are supporting
or protesting something.
MOTORCADE
A procession of motor vehicles, as in a parade.
OPERATOR
A person who engages in the sale or dispensation of food
or merchandise or participates in the running of games of skill or
chance or the running of amusement rides.
OUTDOOR ACTIVITY
Any activity conducted outdoors or within or about tents
or other such contrivances within the Borough in the nature of and
including but not limited to fairs; carnivals; festivals; the operation
of rides; revivals; block parties; amusement promotions; flea markets;
garage, porch or yard sales; bazaars; cake and food sales; and circuses,
which are open to the public at large; temporary outdoor displays
of merchandise, vehicles or manufactured products; promotions, gatherings
of people and similar activities.
PARADE
An organized public procession on a festive or ceremonial
occasion; to march or walk in a procession.
PERSON
Every natural person, entity, association or corporation,
whether profit or nonprofit.
PICKETING
Any person or group of persons present outside a building
to protest.
PROMOTER
Any person, who organizes, owns, operates or manages an outdoor
activity, carnival, fair, and festival, group of amusement rides or
booths.
RALLY
To call together for a common purpose; assemble; a gathering,
especially one intended to inspire enthusiasm for a cause (includes
prayer vigils).
REVIVAL
An outdoor religious gathering which imposes no charges other
than voluntary contributions, with limited food and beverage privileges.
RIDE (ADULT)
Any mechanical amusement device designed for and capable
of carrying or transporting one or more fully grown people.
RIDE (CHILDREN'S)
Any mechanical amusement device designed for carrying or
transporting one or more small children.
SITE PLAN (FINAL)
A detailed diagram, as required by the applicable provision
of this chapter.
SITE PLAN (PRELIMINARY)
A sketch or diagram which outlines the perimeter of an area
or site for which an outdoor activity license is being requested.
It shall further diagram streets both inside and bordering the area
or site.
SPONSOR
The person or entity named in the application for the outdoor
activity license on behalf of which or whom the outdoor activity is
to be held and which or who retains responsibility, including ultimate
financial responsibility, for the operation of the outdoor activity.
VENDOR
A person who, during the life of the license for an outdoor
activity, operates a booth or a stand or otherwise occupies space
in which he conducts games of skill or chance or dispenses food, beverage
or the like and merchandise of any kind.
VENDOR (STROLLING)
A person who, during the life of the license for an outdoor
activity, dispenses food, beverage or merchandise of any kind from
a portable container, tray or pushcart and who is not confined to
a fixed location.
WALK-A-THON
A walk or run covering a considerable distance, organized
especially to support or raise money for a cause.
The purpose of this chapter is the regulation, through licensing
and inspections, of outdoor activities to be conducted in the Borough
on public and private property for the protection of the health, welfare
and safety of the public in general.
All license fees indicated on the accompanying chart are nonrefundable and payable in advance to the Borough
Clerk. Unless otherwise indicated on the accompanying chart, all outdoor
activity licenses are limited to one per year, per sponsor.
The licensee shall not suffer, permit or allow any games of
skill, games of chance and gambling in any form to be engaged in on
the site of the outdoor activity except as permitted and regulated
by federal law, Title 5 of the New Jersey Statutes, Title 13, Chapter
47, of the New Jersey Administrative Code, and the Code of the Borough
of Roselle. Evidence of approval by the State of New Jersey or the
Borough Clerk, when applicable, for all games of chance or skill must
be presented to the Borough Clerk and the Police Chief or his designee
no later than one week prior to the first day of operation of the
outdoor activity.
No person participating in or attending an outdoor activity
shall negligently or willfully break, injure or destroy any public
or Borough-owned property. No person shall injure, break or destroy
any street or guide sign or lamppost or light bulb or appurtenances
thereof or other public property or Borough-owned property on any
public street, park or place.
[Amended 12-21-2022 by Ord. No. 2696-22]
Failure to obtain a license for an outdoor activity shall be
deemed a violation of this chapter. The sponsor, licensee, the promoter
and vendors/operators/concessionaires or their agents shall, upon
conviction of a violation of provisions of this chapter, be punished
by a fine not exceeding $2,000, incarceration not exceeding 90 days,
or both, per violation to be set by the Municipal Judge. Each day
a violation persists shall be a separate violation. Any person participating
in or attending an outdoor activity who shall negligently or willfully
break, injure or destroy any public or Borough-owned property, or
injure, break or destroy any street or guide sign or post, lamp or
light bulb or appurtenances thereof or other public property or Borough-owned property on any public street,
park or place shall, upon conviction of thereof, be punished by a
fine not exceeding $2,000, incarceration not exceeding 90 days, or
both, per violation to be set by the Municipal Judge.
Nothing in this chapter shall be construed to permit any outdoor
gatherings which may be in violation of any zoning or noise ordinance.