[HISTORY: Adopted by the Township of Washington
(now Township of Robbinsville) 12-31-2001 by Ord. No. 2001-37 as § 4-2
of the 2001 Code; amended in its entirety 8-2-2019 by Ord. No. 2019-28. Subsequent amendments noted where applicable.]
The purpose of this chapter is to provide for the protection
and maintenance of the health, safety and welfare of the inhabitants
of the Township through the regulation and permitting of special events.
The provisions of this chapter shall apply to any special event
as defined by this chapter, unless otherwise exempted by law, held
within the Township of Robbinsville.
As used in this chapter, the following terms shall have the
meanings indicated:
Any individual, firm, partnership, corporation, organization,
club or association or any principal or agent thereof.[1]
Any event outside the normal business operations of a private
or a public entity that is dependent upon the use of Township roads
and/or services or which will take place on non-Township-owned public
or private property and which requires temporary exemption from certain
Township ordinances, where the public is invited and the expected
attendance of the event exceeds 50 individuals. Events taking place
in Township-owned parks and/or facilities are not special events for
the purposes of this chapter. Examples of special events may include
but are not limited to parades, concerts, festivals, and walkathons.
[Amended 11-30-2023 by Ord. No. 2023-62]
Any permit issued under this chapter to a person holding
a special event.
[1]
Editor's Note: The former definition of "food vendor" and
"food vendor festival permit," which immediately followed, was repealed 11-30-2023 by Ord. No.
2023-62.
A.
Each person holding a special event shall be required to have a special
event permit.
B.
The special event permit shall be prominently displayed in a conspicuous
place fully visible to the public at all times during the special
event.
C.
The special event permit shall be under the charge and control of
the person or persons applying therefor, and the person or persons
shall be responsible for the operation of the special event and the
conduct of the participants, if any, thereof.
D.
The person or persons applying for a special event permit shall be
responsible for securing any and all other necessary permits, licenses,
and/or approvals which may be required (i.e., by state, local or other
outside agencies) in conjunction with the proposed special event.
[Amended 8-19-2020 by Ord. No. 2020-19; 11-30-2023 by Ord. No. 2023-62]
A.
Nothing
contained in this chapter shall apply to any special event conducted
by the Township or any of its entities. Additionally, nothing contained
in this chapter shall apply to any special event conducted by any
school, church or other religious institution located in the Township,
upon or adjacent to the premises owned by the school, church or other
religious institution, where the invited and/or expected attendance
is less than 1,000 individuals, and where all of the proceeds of any
such special event are for the use of the school, church or other
religious institution or for the use or benefit of charities of the
school, church or other religious institution.
An application to conduct a special event shall be submitted
by the person or persons in charge or responsible therefor to the
Municipal Clerk at least 60 days prior to the date of the special
event on forms adopted by the Township and designed to elicit information
regarding the type of special event to be held, the details thereof,
as well as the identification of the person or persons conducting
the special event.
A.
Each person applying for a special event permit shall supply the
information requested on the application in full and verify its correctness
by his or her oath or affirmation and thereafter file the completed
application with the Municipal Clerk, together with the full amount
of the fee as hereinafter set forth.
B.
Permits provided for by this chapter shall be presented by the Municipal Clerk to the Business Administrator or their designee not more than 30 days following the filing of the completed application, as determined by the Municipal Clerk, and issued by the Business Administrator or their designee, in their discretion, based upon the standards set forth in § 70-8, as well as, but not limited to, the information provided on the completed application.
[Amended 2-19-2020 by Ord. No. 2020-1; 11-30-2023 by Ord. No. 2023-62]
C.
Every permit granted shall be countersigned by the Municipal Clerk
and shall set forth the place or places in which such special event
shall be authorized to be held and the time during which it may continue
and the price or prices which may be demanded for admission to the
same, and such permit shall not take effect until the permit fee shall
be paid to the Municipal Clerk. The permit shall provide that the
same may be revoked if the special event permitted therein shall become
disorderly or if any of the restrictions contained in the permit shall
be violated or should unauthorized lotteries or games of chance be
permitted on the premises where such permitted special event shall
be conducted.
The standards for the issuance of a permit in accordance with
this chapter shall include, but not be limited to, the following:
A.
That the proposed special event will not unreasonably interfere with
or detract from the general public's enjoyment of public parks, roadways,
or other facilities.
[Amended 11-30-2023 by Ord. No. 2023-62]
B.
That the proposed special event will not unreasonably interfere with
or detract from the protection and maintenance of the health, safety
and welfare of the inhabitants of the Township.
C.
That the proposed special event will not be likely to include violence,
crime, or disorderly conduct.
D.
That the roads and/or services desired to be used have not been reserved
for other use at the time requested in the application.
[Amended 11-30-2023 by Ord. No. 2023-62]
E.
That the person applying for the permit will restore the premises
in the same condition which existed prior to the special event.
F.
That the proposed special event will not create loud, disturbing and unnecessary noises and shall adhere to the restrictions stipulated in Chapter 66, "Noise," except that a waiver may be approved at the discretion of the Business Administrator or their designee, which shall be so stipulated on the special event permit issued by the Clerk.
[Added 11-30-2023 by Ord. No. 2023-62]
The applicable permit fee to conduct a special event shall be as provided in Chapter 109, Fees, and shall not include any fee for Uniform Construction Code, fire or health permits, if required by law, which shall be in addition to the special event permit fee.
[1]Any permit granted under this chapter may contain conditions
reasonably calculated to reduce or minimize dangers and hazards to
vehicular or pedestrian traffic and the public health, safety and
welfare, including, but not limited to, changes in time, duration
or number of participants. In all cases, the following shall apply:
A.
The conduct of the special event will not substantially interrupt
the safe and orderly movement of other traffic contiguous to its route
or location.
B.
The conduct of the special event will not require the diversion of
so great a number of police officers of the Township to properly police
the special event as to prevent normal police protection to the Township.
C.
The conduct of such special event will not require the diversion
of so great a number of ambulances as to prevent normal ambulance
service to portions of the Township.
D.
The concentration of persons, animals and vehicles at assembly points
of the special event will not unduly interfere with proper fire and
police protection of or ambulance service to areas contiguous to such
assembly areas.
E.
The conduct of such special event will not interfere with the movement
of firefighting equipment en route to a fire.
F.
Adequate restroom facilities, as determined by the Health Department,
shall be provided.
G.
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 through excessive noise or emission of light.
H.
All directional signs erected in connection with the special event
shall be removed within 24 hours of the termination of the event.
I.
The maximum
capacity of any special event shall be established by a permit approved
in accordance with this chapter and shall be determined based upon
a review of, but not limited to, the estimated attendance, location,
accessibility, and terms of admission for the special event.
[Added 11-30-2023 by Ord. No. 2023-62]
A.
All applicants must provide a certificate of insurance specifically
naming the Township of Robbinsville as an additional insured providing
general liability, bodily injury and property damage coverage with
minimum limits of liability not less than $1,000,000.
B.
The applicant shall agree to indemnify, defend and hold harmless
the Township, its agents, servants, representatives and employees,
from and against all losses, damages, claims, liabilities and causes
of action of every kind or character and nature, as well as costs
and fees, including reasonable attorneys' fees connected therewith,
and the expense of investigation thereof, based upon or arising out
of damages or injuries to third persons or their property caused by
the acts, omissions or negligence of the applicant, anyone for whose
acts the applicant may be liable, or any claims arising out of or
in any manner relating to the activities permitted pursuant to this
chapter to the extent permitted by law. The applicant shall give the
Township prompt and reasonable notice of any such claims or actions.
C.
Where it shall appear that the nature or size of the special event or the existence of other applicable insurance will not reasonably require the insurance coverage established by Subsection A above, the governing body may set lesser limits or accept such evidence of other insurance or financial responsibility as will reasonably afford protection to the participants of the event and the general public.
Any person obtaining a permit as provided for in this chapter
who shall violate or suffer to be violated any of the conditions or
restrictions contained in the permit, or who shall suffer or allow
his, her, its or their special event to become disorderly, shall forfeit
the permit and pay the penalty hereinafter provided for.
