[Adopted 3-10-2025 by Ord. No. 25-05[1]]
[1]
Editor's Note: This ordinance also repealed former Art. II, Circuses, Carnivals and Similar Exhibitions, adopted 8-19-1931, as amended 7-22-1974 by Ord. No. 74-122-D, 1-24-1977 by Ord. No. 77-1-VV, 8-24-1981 by Ord. No. 81-381, 7-9-1990 by Ord. No. 90-35, and 3-8-2010 by Ord. No. 10-05.
As used in this article, the following terms shall have the meanings indicated:
SPECIAL EVENT
An outside activity which occurs upon public or private property affecting the ordinary use of the public streets, rights-of-way or sidewalks. These include, but are not limited to: parades, walks, concerts, races, festivals, carnivals, public gatherings, protests and rallies to be held on public or private property, open to the public and/or will affect the private/public property or right-of-way.
A. 
No person or organization shall conduct a special event affecting the ordinary use of public streets, rights-of-way or sidewalks without first having obtained a special event permit from the Township. No permit shall be transferable or assignable.
B. 
Special event permits are needed for any event in the township that will include any of the following:
(1) 
Events on public property affecting East Brunswick streets, sidewalks and rights-of-way; events planning activities that require one or more additional permits or licenses (i.e., street closings, alcohol, fireworks, food sales, tents and temporary structures over 900 square feet);
(a) 
Community Arts Center. Events held at the Community Arts Center shall be limited to non-profits organizations qualified pursuant to the Internal Revenue Code of 1986, as amended.
(2) 
Events that require the use of East Brunswick services beyond what the Township offers residents on a daily basis (examples: street closures, crowd control, dedicated waste removal);
(3) 
Events on private property that affect the flow of traffic or create safety concerns for the community.
A. 
A person or organization seeking issuance of a permit hereunder shall file an application with the Township Clerk on a form to be provided for that purpose, on which form the applicant shall furnish pertinent information, to include but not limited to the following:
(1) 
The name, address, e-mail address, and telephone number of the applicant.
(2) 
The name, address, e-mail address, and telephone number of the person or persons, corporation, organization, or association sponsoring the activity, the "person(s) in charge."
(3) 
If the "person in charge" is not the property owner, a letter granting permission from the property owner shall be included.
(4) 
A detailed description of the proposed event and a sketch that shows the area or route to be used, along with proposed structures, tents, fences, barricades, signs, banners, and restroom facilities, more commonly referred to as a "footprint."
(5) 
The type of activity and purpose of the event.
(6) 
The dates and hours for which the permit is desired.
(7) 
The location, including block and lot, of the event and complete details as to how the applicant intends to provide for security, traffic control, site cleanup, separation of recyclables and disposal of trash and debris and parking (and in particular, whether any temporary parking areas will be required).
(8) 
The number of attendees, participants, spectators, contestants and/or other people that are reasonably anticipated to attend the event.
(9) 
If amusement rides and games of chance will be present.
(10) 
A detailed description of the Township's resources or services that shall be required to be provided in connection with the event.
(11) 
Any applicant claiming status as a nonprofit organization shall be required to provide written proof of same and/or supporting documentation.
(12) 
Proof of insurance.
B. 
The Township Clerk shall refer the application to the Review Team for review in accordance with § 135-13. The Review Team may require the applicant to supplement its application with any pertinent documentation that may be of assistance to the Committee, and to the Mayor and Township Council, in their review of the application.
C. 
A completed application shall be submitted to the Township Clerk at least 60 days prior to the desired event unless the same is not practical due to the nature and circumstances of an event (i.e., rally, protest, demonstration). The Township reserves the right to reject an application if fees for a prior year's event have not been paid in full or if the applicant is delinquent in payment of any Township taxes, fines, or fees.
D. 
Except as provided in § 135-13D, a completed application submitted with the required fees will be reviewed by the Review Team within 45 days of submission.
A. 
All applicants shall pay a nonrefundable application fee, a security deposit, and such other fees for services as determined by the Review Team based on the nature and scope of the proposed event. Such other fees include but are not limited to costs associated for: police and/or fire supervision, emergency services, staffing, use of Township-owned property and/or use of Township-owned vehicles or equipment and the creation and/or use of temporary parking areas.
(1) 
Application fee/security deposit. A nonrefundable application fee in the amount of $50 and a security deposit in the amount of $1,500 shall be submitted to the Township Clerk before the application is reviewed. The security deposit shall be returned by the Township Clerk subject to the conditions set forth in 135-15.2.
(2) 
Police. Hourly fees shall be consistent with those specified in § 3-117, Schedule of fees for police services, of the Township Code.
(3) 
Fire and EMS staff. Unless otherwise approved, EMS shall be provided by the Township's contracted provider. EMS rates shall be determined by said provider. East Brunswick Fire Prevention shall determine applicable fees.
(4) 
Public parks and recreational facilities. Hourly fees shall be consistent with those specified in the current Parks, Recreation and Community Services Fee Schedule.
(5) 
Returned checks. Returned check fee shall be $35 fee per check.
(6) 
Cancellation fee: If an applicant wishes to cancel an event, written notice of said cancellation shall be submitted to the Municipal Clerk at least 72 hours prior to the commencement of the scheduled event. Failure to notify the Municipal Clerk of a cancellation in a timely manner will result in $500 of the security deposit being forfeited, except in cases where force majeure is applicable, and may prevent said event from being rescheduled, or prevent future events to be held by the applicant within the Township.
A. 
Review team. The following Township representatives shall review and provide a written recommendation to the Township Council, through the Township Clerk, relative to each application: Business Administrator or his or her designee, the Chief of Police or his or her designee, the applicable Fire District Chief or his or her designee, the Director of Planning and Engineering or his or her designee, the Recreation Director or his or her designee, the Economic Development Officer, the Health Department official, the Code Enforcement Officer, the Emergency Management Coordinator, and any other Township official or employee as deemed necessary by the Business Administrator in order to properly review each application (hereinafter "Review Team").
B. 
Completeness. The Township Clerk shall deem an application "complete" once the applicant pays all fees and submits all requested documentation, including but not limited to insurance and plans, as determined by the Review Team.
C. 
Township Council Review. After an application is deemed "complete," the Township Clerk shall forward the application and the Review Team's recommendations to the Township Council for review and approval.
D. 
First amendment demonstrations. Permits for public gatherings and assemblies protected by the First Amendment to the United States Constitution and the New Jersey Constitution shall receive an expedited review and shall be exempt from the publication requirements of § 135-14. Such permits shall be granted or denied by the Township Clerk within three business days of receipt of a fully completed application. The granting of an approval may be with such conditions as deemed to be in the best interests of the Township, upon the recommendations of the Review Team.
A. 
If the application is deemed completed by the Township Clerk, the applicant shall publish notices in the newspaper circulating within the municipality at least 10 days in advance of the date on which the Township Council is scheduled to hear the matter.
B. 
Issuance of a special events permit shall be determined by the Township Council and may be subject to additional conditions and requirements as determined by the Township Council.
C. 
A special events permit shall not be transferable.
A. 
Reasons for denial of special events permits include:
(1) 
The event will disrupt traffic within the Township beyond practical solutions;
(2) 
The location of the special event will cause undue hardship to adjacent businesses or residences;
(3) 
The event requires significant diversion of public employees unreasonably denying service to the remainder of the Township;
(4) 
The application contains incomplete or inaccurate information; or
(5) 
The application fails to comply with all terms of this article, including failure to remit all fees or deposits or failure to provide proof of insurance bonds and a hold harmless agreement to the Township.
A. 
Liability insurance requirement. No special event permit shall be granted until the person or organization shall have first filed with the Township Clerk a comprehensive general liability policy of $1,000,000 issued to such person by a public liability insurance company authorized to do business in the State of New Jersey affording the coverages set forth below in the amounts specified. Such insurance policy shall name the Township of East Brunswick, its agents, officers, servants, representatives and employees as additional insureds with respect to the operation and maintenance of the special event.
B. 
Hold harmless agreement. The Township shall require the applicant to provide a hold harmless agreement in which the applicant agrees to defend and hold harmless the Township, its officers and employees from any and all claims or lawsuits for personal injury or property damage arising from or in any way connected with the special event, excepting any claims arising solely out of the negligent acts of the Township, its officers and employees.
This article shall not be construed as imposing upon the Township or its officers or employees any liability or responsibility for any injury or damage to any person in any way connected to the use for which special permits have been issued. The Township and its officials and employees should not be deemed to have assumed any liability or responsibility by reason of inspections performed, the issuance of any permits or the approval of any use of a right-of-way.
A. 
The applicant shall be required to clean the rights-of-way and public property of all garbage, rubbish and debris and restore the site to its prior condition by 10:00 a.m. on the following day after conclusion of the event. If the applicant fails to complete the cleanup and restoration by 10:00 a.m. on the following day, Township may use the security deposit in order to pay to cleanup services subject to the Township's sole and absolute discretion.
B. 
In the event the Township is required to add additional security as a result of a change in the nature of event, including but not limited to an increase of anticipated number of attendees, the Township reserves the right to charge the applicant for the additional security provisions and the Township may use the security deposit in order to pay for said additional security.
C. 
In the event the security deposit is not sufficient to pay for the cleanup and/or additional security provisions, the applicant shall be required to remit additional funds to the Township within five days upon receipt of written notice from the Township.
The applicant shall obtain any other permits and licenses as may be required for this special event as outlined in the Township of East Brunswick special events permit packet guidelines.
All permits issued pursuant to this article shall be temporary and do not vest any permanent rights to the applicant. A special event permit may be revoked by the Chief of Police (or his/her designee) or any member of the Review Team upon the determination that the continued use would violate any law or ordinance or would unreasonably interfere with the public's use of public land, unreasonably interfere with the use and enjoyment of adjoining properties, unreasonably impede the free flow of vehicular and/or pedestrian traffic or otherwise endanger the public's health, safety or welfare.
Violations of the provisions of this article shall be punishable by one or more of the following: a fine of not more than $1,000, imprisonment for a term of not more than 90 days or a period of community service not exceeding 90 days.