[Adopted 12-18-13 by Ord. No. 2013-36]
The purpose of this Article is to review and assess requests
for special events which may take place on or near public property
within the Town of Secaucus and which may create liability and/or
require the service of town personnel, equipment, facilities, lands,
roads, and/or finances to a degree significantly over and above that
in which the town routinely provides under ordinary circumstances.
The purpose is to manage special events through the issuance of permits
that adequately address fire, life, safety and health concerns for
attendees, participants, guests and spectators of the event, as well
as, for residents and the general public in the Town of Secaucus.
For the purpose of this Article, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this Article clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
A temporary event or gathering, using either private or public
property, that draws an estimated number of attendees, participants,
guests and spectators exceeding two hundred (200) people present on
any day of the event, and that is or may be dependent on the use of
municipal services, personnel, equipment, facilities, lands, roads,
and/or finances. This may involve one or more of the following activities:
[Amended 5-23-2023 by Ord. No. 2023-8]
Blocking or restricting streets, sidewalks, or other public
places, in whole or in part;
Erection or placement of a stage, band shell, trailer, van,
portable building, grandstand, bleachers, tent, or other apparatus
used for entertainment purposes on public property, or on private
property where otherwise prohibited by ordinance;
Sale or distribution of food or beverages on streets, sidewalks,
alleys, or other public places or public property, or on private property
where otherwise prohibited by ordinance;
Activity that requires for its successful and safe execution
the provision and coordination of municipal services to a degree over
and above that which the town routinely provides under ordinary circumstances.
A.
No person or entity shall hold a special event without first obtaining
a permit. Permit requirement may be waived for a fully municipally
sponsored event.
[Amended 5-23-2023 by Ord. No. 2023-8]
B.
To obtain a permit, an application for a special event shall be fully
completed and filed at least twenty (20) days prior to the start date
of the event with the Bureau of Fire Prevention. There shall be no
fee for the filing of an application under this Article.
[Amended 5-23-2023 by Ord. No. 2023-8]
C.
Applications for special event permits shall include, but are not
limited to, the following information:
(1)
Date(s) of the special event;
(2)
Location of the special event;
(3)
Approximate number of persons attending the special event, including
but not limited to participants, guests, spectators, vendors and attendees;
(4)
Proposed traffic management plan, including but not limited to, any
proposed street closures or anticipated heavy use of particular streets
or roadways;
(5)
Location, if applicable, of provision or consumption of alcoholic
beverages;
(6)
Location, size, and description of any temporary structures;
(7)
Location, type and duration of any entertainment that will be provided
or present;
(8)
Proposed safety and emergency plans, including but not limited to,
a proposed security plan, fire protection plan, and/or medical personnel
that will be present or contracted for;
(9)
Proposed sanitation plan, including but not limited, plan to recycle
or remove waste, trash, and litter, and/or anticipated use of the
town's Department of Public Works;
(10)
Proposed site, layout and/or seating plan, if applicable;
(11)
Name, address, and additional contact information or any person(s)
or entity(s) designated as the responsible party for the event;
(12)
Any other information requested by the Bureau of Fire Prevention
deemed relevant to fire, life, safety and health.
A.
The Bureau of Fire Prevention shall review the application submitted
and provide a response to the applicant, either via telephone or in
writing, within five days.
B.
The Bureau of Fire Prevention shall consult with any departments
deemed appropriate to ensure that fire, life, safety and health concerns
are adequately addressed for the event itself, and that the special
event will not require the diversion of police, fire or medical resources
regularly in place in the town so as to interfere with the welfare
and safety of other persons in the town. Departments consulted may
include, but are not limited to, the Police Department, Fire Department,
Office of Emergency Management, Board of Health, Emergency Medical
Services, Office of Inspections and Department of Public Works.
C.
The Bureau of Fire Prevention shall have the authority to:
(1)
Approve or deny all applications for special events.
(2)
Issue and revoke permits to hold special events.
(3)
Set deadlines for compliance and request submission of information
before issuing a permit.
(4)
Determine and require the person or entity responsible for the event
to provide essential fire and safety services on site, including,
but not limited to, security, fire protection and emergency medical
services (EMS).
(5)
Appropriate any necessary municipal support services, such as fire,
police, EMS, OEM or public works which promote fire, life, safety
and health concerns for the public.
(6)
Conduct inspections of the site in conjunction with the application
review and for compliance with permit requirements prior to and during
the special event.
D.
The person or entity responsible for the event shall provide a Certificate
of Insurance showing sufficient coverage, as determined by the Bureau
of Fire Prevention, and naming the Town of Secaucus and its agents
as an additional insured party.
E.
The person or entity responsible for the event will also provide
a hold harmless and indemnity agreement to the Town of Secaucus in
regard to any liability for injury to persons or property.
F.
The person or entity responsible for the event may be required to
deposit an amount of money, to be determined by the Bureau of Fire
Prevention, with the Town of Secaucus to be held in escrow for the
town's use to pay for the cost of any town services, personnel, equipment,
or associated items for the special event. Any amount due and owing
above the amount held in escrow shall be the responsibility of the
person or entity responsible for the event.
G.
If an inspection(s) of the site is deemed necessary by the Bureau
of Fire Prevention before the issuance of a permit, the inspection(s)
shall take place prior to the commencement of the special event at
an arranged time. Notification of an inspection(s) for compliance
with the terms of a permit during a special event is not required.
H.
A permit may be suspended or revoked by the Bureau of Fire Prevention
for violations of the permit or for failure to comply with any provisions
set forth in this Article. If a permit is suspended, the event shall
also be suspended until the violations are rectified.
Any person or entity found guilty of violating or failing to
comply with the Article by the municipal court shall be subject to
a fine of not more than $1,000. Further, any event found to be in
violation of this Article shall be subject to closure, or suspension
until compliance occurs.
The Bureau of Fire Prevention is designated as that officer/employee
responsible for enforcement of the conditions of this Article.
This Article shall take effect upon final adoption and publication as required by law. (Article IV was adopted December 18, 2013 by Ord. No. 2013-36.)
If any provision or portion of a provision of this Article is
held to be unconstitutional, preempted by federal or state law, or
otherwise invalid by any court of competent jurisdiction, the remaining
provisions of the Article shall not be invalidated.
