[HISTORY: Adopted by the Township Council
of the Township of Jefferson 3-18-2020 by Ord. No. 20-05.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Disorderly conduct — See Ch. 198.
[1]
Editor's Note: This ordinance also repealed former Ch. 342,
Outdoor Gatherings, adopted 5-21-1986 by Ord. No. 5-86 (Ch. 67 of the 1967 Code),
as amended.
No person on or after the effective date of this chapter shall
conduct or allow to be conducted any outdoor gathering as defined
in this chapter without first obtaining a license therefor in compliance
with the terms of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
A theatrical performance, public show, display, entertainment, amusement, farmer market, or other exhibition, including, but not limited to musical festivals, rock festivals, peace festivals, 5K races or similar activity conducted outdoors or within or about tents or other such contrivances within the Township of Jefferson. For the purposes of this chapter, the following activities shall not be considered "outdoor gatherings": Township sponsored or Jefferson Township Board of Education sporting events and activities, picnics, educational programs, camping. Sales, pursuant to Chapter 380, "Sales, Special," of the Township of Jefferson Municipal Code, are specifically excluded. This list is given by way of example, only as activities similar in nature shall also not be considered as "outdoor gatherings" subject to regulation.
Any person, syndicate, association, partnership, firm, corporation,
institution, agency, authority, department or other entity which is
recognized by law as the subject of rights and duties.
A.Â
A written application for a license hereunder shall be signed in
triplicate by the person, persons or parties conducting the event
and filed at least 90 days before the event, with the Township Business
Administrator, accompanied by the fee payable hereunder.
B.Â
The applicant shall set forth in the application for license the
following information:
(1)Â
The names and addresses of the person or persons or, in the case
of a corporation, the names and addresses of the president, vice president,
secretary, treasurer and directors or trustees responsible for conducting
or participating in the event.
(2)Â
The type of licensed event desired to be conducted and a statement
of the purposes of such activity, whether for pecuniary profit or
charitable purposes, and, if charitable, a statement of the charity
or charities to be benefited.
(3)Â
The proposed location and the premises or portion thereof available
for such event.
(4)Â
Whether the premises are owned by the applicant or, if not owned,
the name and address of the lessor or licensor and the terms of the
lease or license.
(5)Â
A designation of the premises or portion thereof, or other areas,
intended to be used for the parking of automobiles, including a statement
in square feet of the area to be devoted for this purpose.
(6)Â
A map or sketch showing the entire area sought to be licensed and
delineating thereon the area to be used for the parking of automobiles,
and further showing driveways or means of ingress to and egress from
said premises and the names and addresses of all property owners adjoining
the premises on which the event will be conducted and/or the area
to be used for parking purposes.
(7)Â
If applicable, a statement of the number of persons to be engaged
as performers in the event sought to be licensed.
(8)Â
A statement of the reasonable projected number of persons who are
anticipated to watch, observe or attend the event sought to be licensed.
(9)Â
A statement of the locations where the applicant has promoted, operated
or conducted similar events within the last five years.
(10)Â
A description of the existing or proposed additional sanitary
and water facilities which shall be sufficient accommodate the number
of persons reasonably projected to attend the event.
(11)Â
A plan for medical and similar facilities which the applicant
intends to provide in view of the projected number of persons expected
to attend the event.
(12)Â
Any approvals previously received by the Land Use Board for
site plan or subdivision of the property and a list of all conditions
of said approvals.
(13)Â
If alcohol is to be served, the applicant shall attach a copy
of the one-day liquor permit or a copy of the application seeking
said permit, as well as indicating the area to be licensed and control
measures for consumption and sale. If the site is already an existing
licensed facility, the applicant is to attach a diagram of the sale
and consumption area.
(14)Â
The location of all containers for solid waste disposal which
shall be adequate to meet the anticipated attendance of the event
and the applicant shall further set forth the method of disposal for
solid waste.
C.Â
Annexed to such application shall be the written permission the record
owner or owners of the premises intended to be used or, if the same
are owned by the State of New Jersey, the County of Morris or another
governmental unit, then the written permission of the officer or agent
having authority to permit the use of such premises for the purposes
stated above.
A.Â
The applicant shall pay a nonrefundable application fee of $50 to
the Township Business Administrator upon filing an application for
a license as provided hereunder to compensate the Township for its
expense in processing the application.
B.Â
The applicant shall submit to the Township Business Administrator
with the application a written commitment from a responsible insurance
company licensed to do business in the State of New Jersey with an
A.M. Best rating of A- or better, indicating that the applicant will
be insured in the minimum amount for the following occurrences:
(1)Â
Comprehensive commercial general liability coverage:
(a)Â
Bodily injury and property damage liability: $1,000,000 each
occurrence.
(b)Â
Personal injury and advertising injury: $1,000,000 each occurrence.
(c)Â
Products/completed operations: $1,000,000 each occurrence.
(d)Â
Medical payments: $10,000.
(e)Â
General policy aggregate: $2,000,000.
(f)Â
Sexual abuse and molestation exclusion removed. Can be provided
by separate policy with same limits.
(g)Â
No cross liability or cross cost exclusions or limitations.
(h)Â
Insurance will cover all operations of the applicant's
operations for which the permit is authorized.
(i)Â
A waiver of subrogation endorsement.
(3)Â
Liquor law liability coverage if applicable:
(a)Â
Bodily injury and property damage liability: $1,000,000 each
claim/$1,000,000 annual aggregate.
(4)Â
Workers compensation coverage: Coverage A: Statutory Benefits. Coverage
B: $1,000,000. Sole proprietorships, members of LLC's and partners
who will be performing work may not "opt out" of coverage in states
where allowed; coverage must be maintained.
(a)Â
With the exception of workers compensation coverage all policies
will specifically endorse and name the Township of Jefferson, its
officials, employees, volunteers, directors and agents as additional
insureds on a primary and non-contributory basis. Additional insured
status cannot be subject to a written agreement or contract.
(b)Â
Wherein the applicant hires outside vendors or contractors to
perform all or some of the services for the operations of this event,
applicant will have subcontractor and vendor provide similar or greater
insurance coverage in favor of the Township.
C.Â
Where it shall appear that the nature or size of the event or the
existence of other applicable insurance will not reasonably require
the limits hereinabove related, the Township Business Administrator
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.
A.Â
The Township Business Administrator of the Township shall, upon receipt
of the application, refer a copy of the application promptly to Chief
of Police, OEM and the Department of Health and Welfare. The Chief
of Police, OEM and Department of Health and Welfare will conduct an
investigation concerning the background of the applicant, the extent
to which the proposed event may adversely affect the health, safety
or welfare of the persons attending the event or the general public,
the extent to which any additional police activity will be required,
the adequacy of the proposed parking and traffic control plan, the
adequacy of any structures which are to be used in connection with
the event, the adequacy of provisions for sanitary facilities, water
and dispensing of food and beverages and such other matters as may
reasonably be required by the nature and size of the proposed event,
or as may be directed by the Township Business Administrator.
B.Â
The Chief of Police and Health Officer shall file reports with the
Township Business Administrator.
The Township Business Administrator shall have the right to
deny the permit, upon notification to the applicant, and the right
to appear before the Township Council, if it is the consensus of opinion
of the Council that the granting of a license to the applicant would
adversely affect the safety, health and welfare of the inhabitants
of the Township.
The applicant shall be required to comply with the following
minimum requirements as conditions for the issuance or maintenance
of any license issued hereunder:
A.Â
Adequate sanitary facilities must be provided which are sufficient
to accommodate the projected number of persons expected to attend
the event.
B.Â
Medical or first aid facilities shall be provided which are sufficient
to accommodate the projected number of persons expected to attend
the event.
C.Â
A parking and traffic control plan for the number of persons projected
to attend the event must be formulated, which plan must be sufficient
to ensure a free flow of traffic and make available rapid access for
emergency vehicles. Further, the applicant shall provide adequate
off-street parking facilities on the site or within 1,500 feet thereof
to accommodate the projected number of persons expected to attend
the event.
D.Â
If the event is to be conducted outdoors and involves the amplification of sound, the location of the performance shall be at least 1,500 feet from the nearest residential dwelling and applicant shall obtain a variance from the provisions of Chapter 321, Noise, of the Jefferson Township Municipal Ordinances, if necessary.
E.Â
The applicant shall be required to comply with such other conditions
as shall be imposed by the Township Business Administrator upon the
issuance of a license after receiving those reports provided for herein,
which such conditions shall be reasonably related to the protection
of the public health, safety and welfare.
F.Â
The Township Business Administrator, either prior to granting any
license for an outdoor gathering or as a condition to the issuance
of a license, in its discretion, may require any applicant to notify
property owners within a designated distance from the property or
properties upon which the outdoor gathering is being held to either
provide said surrounding property owners with an opportunity to be
heard considering whether or not to grant or deny the application
and/or to notify surrounding property owners that an event or events
will be conducted at certain given times.
A license shall be issued by the Township Business Administrator
and executed by the Township Business Administrator. The license shall
set forth and describe with particularity the place where the event
is to be conducted and the period of time in which it may continue,
which shall not exceed a period of 10 consecutive days. The license
shall further contain any special conditions set by the Township Business
Administrator and shall contain the hours of operation which shall
be set by the Township Business Administrator.
No licensee shall permit the following on the licensed premises:
A.Â
Shouting or crying out.
B.Â
Musical instruments, drums, sound-making devices or amplifiers played
or used in such a manner as to cause disturbance to persons occupying
residential property.
C.Â
Activity or conduct in violation of any municipal, state or federal
law, duly enacted ordinances or regulations and conditions of the
license.
The licensee shall be responsible for the cost of cleaning the
area where the event was conducted on a daily basis and after said
event is terminated, as well as the cost of providing law enforcement
security for said event and sanitary facilities. The requirement to
provide law enforcement security shall not create an affirmative obligation
on the part of the Township to provide said law enforcement security.
Nothing in this chapter shall be construed to permit any outdoor
gatherings which may be in violation of any zoning ordinance or other
ordinance regulations of the Township of Jefferson.
Any person who shall violate any provision of this chapter shall
be guilty of a summary offense and shall be fined a sum not to exceed
$500 for each violation to be set by the Municipal Judge. Each day
such violation exists shall constitute a separate violation.