[HISTORY: 1973 Code §§ 62-1—62-6 as
amended through October 13, 2016. Amendments noted where applicable.]
A.
No person, group of persons, partnership, association or corporation,
or any combination thereof, shall maintain, conduct, promote or operate
on any lands or premises within the Borough of North Caldwell, other
than in established auditoriums or other places licensed or permitted
for public occupancy as limited by law, any use thereof for the purposes
of mass musical or public entertainment of various designations or
participation therein, including, but not limited to, "pop festival,"
"rock music festival," "rock festival," "jazz festival," "rock and
roll music festival" or such other combinations thereof, except pursuant
to a special permit issued therefor by the Borough of North Caldwell
as hereinafter provided, excepting, however, any civic affair approved
by the Mayor and Council.
B.
No owner, lessee, licensee or other person, partnership, association
or corporation having any right to, or interest in, any real property
within the jurisdiction of the Borough of North Caldwell shall license,
rent, lease or otherwise permit the use of such real property, or
any part thereof, for the use of mass musical or public entertainment
of various designations or participation therein, other than in established
theaters, auditoriums or other places licensed for public occupancy
or limited by law except pursuant to a special permit issued therefor
by the Mayor and Council as hereinafter provided.
A.
The Mayor and Council may issue a special permit herein upon written
application made by such person, partnership, association or corporation
or combination thereof, who proposes to maintain, conduct, promote
or operate such mass musical or public entertainment or participation
therein, together with the owner, lessor or licensor who proposes
to rent, lease, license or otherwise permit such mass musical or public
entertainment or participation therein, all hereinafter designated
as applicant.
B.
Application procedure:
(1)
The applicant shall file a verified application with the Borough
Clerk of the Borough of North Caldwell at least 60 days prior to the
date or dates upon which such event is to take place.
(2)
The application shall state:
(a)
The number of persons expected to attend such event and the
location thereof.
(b)
The date or dates thereof.
(c)
The duration of the event.
(d)
The means of accommodating the said persons as to food, shelter
(if overnight stay is requested), facilities for toilet and other
personal sanitary needs for men and women.
(e)
The application shall be signed by all persons actually in charge
of the event and the property owners on whose property the proposed
event is to take place.
(f)
A written recommendation of the New Jersey State Police.
(g)
Emergency first aid medical care, and ambulance service to be
provided.
(h)
Parking of cars, showing the means of ingress, egress and parking
areas.
(i)
Provision for public safety, guards or special police assisting
in the control of traffic and the supervision of those attending the
event.
C.
The Mayor and Council, after public hearing thereon held within 30
days after submission of such application held pursuant to the publication
of a notice of hearing, published at least once in the official newspaper
of the borough at least 10 days prior to such hearing, after considering
the application and after causing due investigation and report of
it, and after considering the facts and circumstances in the premises,
may issue a special permit upon such terms and conditions as it deems
necessary and proper to ensure the public health, safety and welfare.
D.
The applicant, prior to the event shall post a surety bond in an
amount to be determined by the Mayor and Council, to ensure cleanup
and restoration of the area at which such event takes place within
48 hours after the close of the event.
E.
A fee of $100 shall accompany each application.
This law shall not be applicable where there are to be fewer
than 300 people attending such event, and where such event does not
exceed a period of more than 12 consecutive hours, and provided further
that the New Jersey State Police and the Borough Clerk are notified
of said event at least 48 hours in advance thereof by written notice
duly receipted by the New Jersey State Police.
[New]
Any person, group of persons, partnership, association or corporation, individually or collectively, who shall violate or aid in, take part in or assist in the violation of this law shall be subject, upon conviction to a penalty as stated in Chapter 1, Article II General Penalty, Section 1-5 et seq. Each and every day that such violation occurs or continues to exist shall be considered a separate and specific violation.
Nothing contained herein shall be deemed or construed so as
to prevent the enforcement of any other remedy at law, concurrent
or otherwise, available to the Borough of North Caldwell or other
law enforcement authority to avoid or prevent any violation or attempted
violation of this law such as, but not limited to, an injunction or
restraining order.
This act is in addition to any other law, ordinance or regulation
affecting the subject matter herein and is not in limitation thereof.
