Editor's Note: Ordinance No 6 S+FG, 5-21-2008 amended
former Chapter 10 in its entirety. Prior ordinance history includes
portions of R.O. 1966 C.S. §§ 5:10-1 — 5:10-5
and Ordinance Nos. 6 S+FV, 10-5-1988, 6 S+FE, 10-18-1989, 6 S+FD,
11-4-1993, 6 S+FJ, 7-12-2000 and 6 S+FG, 5-21-2008.
[Ord. 6 PSF-C, 12-16-2009 § 2; Ord. 6PSF-G, 10-2-2019]
Shall mean the cost of providing municipal services for Special
Events such as public safety and sanitation, and regulatory inspections
in excess of those services and facilities typically provided by the
municipality to all other residents.
Shall mean the person or group sponsoring or organizing a
Special Event and applying for a Special Event permit as required
under Title 5, Amusements, Chapter 10, Special Events.
Shall mean a sign, streamer, balloons, or article of like
description installed upon, across or over the roadway or sidewalk
of any street in the City, as promulgated in Title 29, Streets and
Sidewalks, Chapter 21 Signs, Notices and Advertisements.
Shall mean an outdoor public event organized by block or
neighborhood residents, place of worship or a non-profit charitable
organization on a City block and held upon a residential City right-of-way,
including but not limited to a residential City street and/or residential
sidewalk, for social and/or entertainment purposes for the residents
of the designated block. A Block Party shall not include any event
commercial in nature. A block party with a commercial nature under
this ordinance is considered a "Festival."
Shall mean normal City of Newark work hours occurring Monday
through Friday 8:00 a.m. to 5:00 p.m., excluding municipal holidays.
Shall mean any enterprise consisting of one or more amusement
rides as defined in N.J.S.A. 5:3-32a and N.J.A.C. 12:195-2.1 operated
in conjunction with one or more amusements such as, but not limited
to, sideshows, shooting galleries or games of chance. Fun houses,
haunted houses or similar structures of any type are not permitted
as part of a carnival in the City of Newark.
Shall mean the City of Newark.
Shall mean above-base service costs for municipal services
charged by the City to an applicant in conjunction with a Special
Event permitted under Title 5, Amusements, Chapter 10, Special Events.
Shall mean a public assembly, a meeting or gathering, a rally
or protest event, a political rally or event, speechmaking, marching,
the holding of vigils, and all other like forms of conduct, the primary
purposes of which is expressive activity or the communication or expression
of views or grievances toward a person or controversial issue that
will occur upon any City property, including a street, sidewalk, park
or alley and interfere with the normal and customary traffic regulations
or controls governing such places (for example requires street or
sidewalk closure). The term "Demonstration" shall not mean the casual
use of City property which does not have an intent or propensity to
draw a crowd of onlookers, or a residential block party governed by
the block party permitting process provided for in this ordinance.
Shall mean an exhibition and sale of agricultural, industrial,
household and manufactured products, coupled with various amusements,
entertainment and educational displays.
Shall mean a feasting or celebration or religious ceremony
or series of performances or merry-making with music and other entertainment.
It shall not include block-party, as defined herein.
Shall mean expressive and associative activity that is protected
by the United States Constitution and/or the New Jersey Constitution,
including, but not limited to speech, press, assembly, and/or the
right to petition, for example, but not by way of limitation, a march,
an assembly in support of or opposition to a political or social issue,
or a vigil, excluding commercial activities.
Shall mean a merry-making or ceremonial or ceremonial succession,
including an organized movement of persons, vehicles, floats, bands,
things, or a combination thereof, which may include music and/or entertainment,
from one location to another that:
Is held with the intent to attract attention;
Takes place upon streets and/or sidewalks within the City or
on streets within a City-owned park;
Interferes or has a tendency to interfere with the normal flow
or regulation of pedestrian or vehicular traffic, or does not comply
with normal and usual traffic, regulations, or controls.
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Parades (other than those that take place on Federal holidays
as defined by the United States Office of Personnel Management) are
not permitted before noon (12:00 p.m.) on Sundays.
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Shall mean a body of moving persons, vehicles and or objects
proceeding in orderly succession or in a formal, ceremonious, or religious
manner, for a formal occasion. Processions do not include caravans,
which are not permitted by the City.
Shall mean a competition of speed in which participants utilize
various transportation mechanisms to get from one location to another
in the shortest period of time, occurring on a City street and/or
sidewalk; these transportation mechanisms may include, bicycles, and/or
running, but not automobiles.
Shall mean a noncompetitive race in which participants run
and/or walk from one location to another on a City street and/or sidewalk.
Mean a preplanned, single gathering event or series of related
consecutive daily gatherings or events of an entertainment, cultural,
recreational, political or sporting nature or any other nature expected
to draw people at an assembly as participants and spectators, and
sponsored by an individual or entity, which is proposed to be held
on a public property (wholly or partially owned by the City), public
rights-of-way or public facility. Such events may include a block
party,
The following events shall not be considered Special Events:
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1.
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Programmed activities organized or managed by the City;
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2.
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Events or activities that will take place on or in sports fields,
sports facilities, or recreation centers owned and operated by the
City. These facilities are permitted by the Department of Recreation,
Cultural Affairs and Senior Services.
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3.
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Any event at or on the exclusive property of any local church
or religious institution, university, college, public school facility
by the owners of these facilities provided that it does not interfere
with the normal and customary traffic regulations or controls governing
such places (for example, does not require a street or sidewalk closure
or does not require vendor, alcohol, animal, fireworks or carnival
ride licenses).
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Shall be defined as a stationary, peaceful demonstration
in support of a particular cause, typically without speeches. A devotional
watching, or keeping awake, a nocturnal devotional exercise or service,
especially on the eve before a religious or ceremonial festival or
fast.
[Ord. 6 PSF-C, 12-16-2009 § 2; Ord. 6PSF-G, 10-2-2019]
It shall be unlawful for any person, corporation, institution,
organization or association regardless of religious, charitable or
nonprofit status to set up, keep, maintain or operate, or permit to
be set up, kept, maintained or operated any Special Event in or upon
any street, lot, parcel or tract of land within the City of Newark
without obtaining a permit in compliance with this chapter.
[Ord. 6 PSF-C, 12-16-2009 § 2; Ord. 6 PSF-C, 8-3-2016 § 8; Ord. 6PSF-G, 10-2-2019]
a.
Permit and Notification Required. A permit must be obtained for every
Special Event as defined by this chapter and must be applied for at
least 60 business days prior to setting up, keeping, maintaining or
operating any special event (hereafter referred to as "event") in
or upon any street, lot, parcel or tract of land owned or maintained
by the City of Newark or if on private land, requires the provision
of municipal services for the successful execution of the event. Special
event permits shall be obtained from the Business Administrator, his
or her designee, or the Manager of the Division of Tax Abatements/Special
Taxes (hereafter referred to as "Manager"). The applicant or a person
hosting an event on private property for which a special event permit
may not be required, still has an obligation to identify and obtain
any other necessary permits as required by State or local ordinance.
For First Amendment activity deemed a special event pursuant to this
chapter, an application shall be submitted no later than five business
days prior to the event. No application or notice is required for
a spontaneous First Amendment activity.
b.
Processing Fee. There shall be a nonrefundable $50 permit application
processing fee for all permit applications, payable to the City of
Newark in the form of a money order, certified check, or cashier's
check. This fee must be paid upon submission of the permit application.
There shall be no processing fee for any demonstration as defined
herein, which does not require a vendor (which makes the event a street
fair), fireworks, alcohol or use of animals or carnival ride license.
The permit processing fee shall be waived for First Amendment
activities, as defined herein.
c.
Permit Fee. The nonrefundable permit fees shall be waived for First
Amendment activities, as defined herein, which are not associated
with other activities defined as special events.
The nonrefundable permit fees for Special Events permits are
as follows:
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Special Event Type
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Fee
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Block Party (including Street or Sidewalk Closing Permit)
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$50 per day/per block
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Carnival, Fair, Festival
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$500, plus $250 for each additional day
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Parade
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$500 per event
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Procession
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$75, plus $25 per 1/3 hour or 20 minutes after the first hour.
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Race, Run, Walk
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$500 per event
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Wenger Wagon Rental
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$750 per day, plus a $500 refundable security deposit due at
time of application. Refund shall be due 30 days after the event providing
there is no damage to wagon. If damage occurs part or all of the of
all of the security may be retained by the City and additional charges
may be assessed in order to repair the wagon.
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Park Rental (Lincoln Park, Washington Park or Peter Francisco
Park)
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$500 per day, plus $250 for each additional day and a $250 refundable
security deposit providing the is no damage to the park. If damage
occurs part or all of the of all of the security may be retained by
the City and additional charges may be assessed in order to restore
the park.
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A permit shall be issued for a maximum of four specified, or
four consecutive calendar days within a given month. An additional
fee of $150 per day shall be assessed for events transpiring five
or more specified, consecutive days or five or more specified, calendar
days within a given month. These fees, which may be collected by the
Manager of Finance, are in addition to any other fees provided for
elsewhere in City ordinances.
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d.
Rental Fee. The rental fee for use of the City Wenger Wagon shall
be $750 per day. There shall be an additional $500 security deposit
required, which will be refunded within 30 days of the conclusion
of the event provided there is no damage to wagon. If damage to the
wagon occurs, part or all of the security deposit may be retained
by the City, and additional charges may be applied in order to repair
the wagon.
e.
Special Event Application Late Fee Schedule.
1.
Late
fees shall not apply to block parties organized by residents of a
block or neighborhood or associations, which are required to submit
permit applications at least 21 days prior to the date and time at
which the event is proposed to occur.
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Number of Days Prior to 60 Business Days Deadline
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Late Fee
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50-59 Business Days
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10% of Special Event Fee, including Rental Fees
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40-49 Business Days
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20% of Special Event Fee, including Rental Fees
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30-39 Business Days
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30% of Special Event Fee, including Rental Fees
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20-29 Business Days
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40% of Special Event Fee, including Rental Fees
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10-19 Business Days
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50% of Special Event Fee, including Rental Fees
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01-09 Business Days
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60% of Special Event Fee, including Rental Fees
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2.
No late fee shall be assessed when the City proposes
a new date for the special event. Late fees shall be assessed for
each permit. Events requiring multiple permits shall pay late fees
for each permit needed. For multi-day events, late fees shall be assessed
based upon the first day of the event.
3.
No late fees shall be assessed against persons or organizations for
First Amendment activities as defined in this chapter, unless there
is an associated activity not defined as a First Amendment activity,
including but not limited to fireworks, amusement rides, use of animals
or where alcoholic beverages are distributed or made available.
4.
Late fees may be waived by a resolution of the Municipal Council,
which may be retroactive.
f.
Additional permits and or fee(s). The City shall notify the applicant
of the necessary permit(s) for the proposed event, but the applicant
is ultimately responsible for determining and obtaining the necessary
approvals, permits, or licenses.
g.
Payment(s). All permit fees, and if applicable, late fees must be
paid prior to conveyance of the permit(s) to the applicant. Permit
fees, and if applicable, late fees shall be payable to the City of
Newark in the form of money order, certified check, cashier's check,
or personal/organization check. If paying with a personal/organization
check, the check must clear the City's bank account prior to the conveyance
of the permit; hence, the City shall not accept any personal/organization
check less than 10 days prior to the proposed special event date.
[Ord. 6 PSF-C § 2, 12-16-2009; Ord. 6PSF-E, 8-6-2014; Ord. 6PSF-A(S), 1-7-2016; Ord. 6PSF-F, 6-15-2016; Ord. 6PSF-G, 10-2-2019]
a.
A permit may be granted pursuant to this chapter (1) upon approval
of the completed application, in accordance with the requirements
set forth in this chapter, by the Division of Fire, Department of
Recreation, Cultural Affairs and Senior Services, Division of Police,
Engineering Department, Department of Health and Community Wellness,
and Law Department; (2) upon payment of all applicable permit fees,
late fees, and cost recovery charges; and (3) upon final approval
by the Business Administrator or his designee.
The event shall be lawful only under the terms and conditions
approved by the permit and such permit shall not be transferable.
Failure to comply with the terms and conditions of the permit shall
result in the immediate revocation of the permit.
In addition, a permit issued pursuant to this chapter may be
revoked by the Business Administrator or his designee upon just cause
and documentation following an inspection by the following: Food and
Drug Bureau, the Division of Public Buildings in the Department of
Public Works, Office of Inspections and Enforcement, Division of Police,
Division of Fire, and/or any other appropriate Department, Division,
or Agency within the City of Newark.
The City may issue a permit as provided for herein when, after
consideration of the application and all other information, it finds
that:
1.
The proposed event is appropriate for the size and use for which
the requested location has been established or designated;
2.
The proposed event will not interfere with a previously permitted
event or a previously approved construction or maintenance project;
3.
The proposed event will not substantially or unnecessarily interfere
with traffic in the area contiguous to the event, or that, if the
activity will substantially interfere with traffic, there will be
sufficient City resources available at the time to mitigate the disruption.
4.
Sufficient City resources, including but not limited to police services,
fire services, and inspection services, are available to meet the
needs of the proposed event and the applicant agrees to defray the
cost of above base services as defined herein.
5.
Parades (other than those that take place on Federal holidays, as
defined by the United States Office of Personnel Management) are not
permitted before noon (12:00 p.m.) on Sundays.
6.
The applicant has obtained all necessary approvals, permits, or licenses
from other governmental agencies or otherwise required documentation
pursuant to this Code, State laws, or other applicable laws. The City
will endeavor to notify the applicant of permits or licenses required,
but the applicant is ultimately responsible for determining and obtaining
the necessary approvals, permits, or licenses;
7.
The application is complete and does not contain misrepresentations
of fact;
8.
The applicant has complied with the application requirements including,
but not limited to, Special Event permit fees, obtaining other required
permits and insurance and indemnification requirements, where applicable;
9.
The individual person completing the application is an authorized
representative of and is authorized to sign on behalf of the applicant
institution, organization, or association;
10.
The City has determined that the concentration of persons, animals,
and vehicles at public assembly points of the event or during a continuous
procession will not unduly interfere with property, fire and police
protection of, or ambulance service to, areas contiguous to such public
assembly or processional areas; and
11.
Other factors, considerations, and criteria deemed to be in the best
interest of the City of Newark by the Business Administrator and/or
Corporation Counsel.
b.
All denials of permits shall be in writing and may state the reason(s)
for such denial.
In the event that the permit is denied due to another event
occurring at the same time and location, the City may authorize the
conduct of the denied event at a date, time, location, or route different
from that named by the applicant. If the applicant wishes to accept
the alternate permit, the applicant shall notify the City of its acceptance
within three business days after notice of the denial.
In the event that the permit is denied, the applicant can appeal
in writing to the Business Administrator, with a copy to Corporation
Counsel. The appeal must be presented as soon as practicable but in
no event less than five business days before the event and shall contain
the applicant's argument as to why the permit should have been granted.
The Business Administrator shall render a decision on the appeal as
soon as practicable, which decision shall be final. The five business
day appeal requirement may be waived in the interests of the free
expression of opinion.
[Ord. No. 6 PSF-C, 12-16-2009 § 2; Ord. 6PSF-A(S), 1-7-2016; Ord. 6 PSF-D, 7-7-2016]
a.
An application for a special event permit may be obtained by visiting
the Division of Special Taxes and Tax Abatements, City Hall Room B-26
during normal business hours. Special Event permit applications must
be submitted to the Division of Special Taxes and Tax Abatements,
City Hall Room B-26 at least 60 days prior to the date and time at
which the event is proposed to occur. The late fees for new events
shall apply to those permit applications received less than 60 days
prior to the date and time of the proposed event. Upon receipt of
a completed application package, the City of Newark will review the
application and provide a response to the applicant within 15 business
days. This deadline shall not apply to those events which are determined
to be First Amendment activities or residential block parties.
b.
Demonstrations and/or First Amendment Activities. Permit applications
for a First Amendment activity not encompassed within the definition
of a demonstration in this chapter shall be processed by the City
no later than five business days prior to the date and time the event
is proposed to occur. The City still requires the receipt of a completed
permit application. If any agency within the City does not have the
opportunity to complete its review prior to the issuance of a permit
under these expedited circumstances, the City reserves the right to
modify the authorized duration, route and/or location of the event
based on content-neutral public safety concerns including but not
limited to accommodations for pedestrians, vehicular traffic, staffing
availability, and emergency vehicle access. Notwithstanding anything
to the contrary herein, the Manager of Special Taxes or the Business
Administration shall have the discretion to waive these time periods,
in the interest of accommodating the free expression of opinion. Such
waiver shall not be unreasonably withheld but can be denied upon a
finding that the City would be unable to provide for legitimate safety
and traffic concerns. If a waiver is denied, all efforts shall be
made to find alternative avenues for the applicant to reach his or
her intended audience.
No application is required for a spontaneous First Amendment
activity. For spontaneous First Amendment activity, the organizer
should provide written notice to the Special Event Coordinator and
the Newark Police Director 24 hours prior to the start of the event.
c.
All information requested on the Special Event application form must
be supplied and the following, if applicable, must also be attached
thereto in order for the application to be deemed complete:
1.
Permit application processing fee of $50 payable to the City of Newark
in the form of a money order, certified check, or cashier's check.
(This fee does not apply to demonstrations or First Amendment activities
not associated with other activities defined as special events.);
2.
Completed Special Event permit application form, including required
attachments as specified in the application form;
3.
Projected budget for the event;
4.
Site plan for the event with streets outlined, including but not
limited to the number of and location of structures, vendors, electrical
connections, sanitary facilities, accommodations and apparatus, etc.
Depending on the size of the structure(s), facilities, accommodations
and apparatus and type of the electrical connections, an applicant
may need to obtain a permit from the City of Newark Department of
Engineering (Uniform Construction Code);
5.
A certified true copy of the policy of insurance issued to the institution,
organization, or association sponsoring the special event in an amount
not less than $1,000,000 meeting the insurance and indemnification
requirements set forth herein. A smaller or larger amount of insurance
coverage may be required due to the nature and size of the event and
the risks posed. Such amount shall be determined by the Business Administrator
and/or Risk Manager of the City of Newark; and an executed hold harmless
agreement, meeting the indemnification requirements set forth herein,
written on the institution, organization, or association's letterhead
and signed by an authorized representative of said institution, organization,
or association (This requirement does not apply to demonstrations
or to First Amendment activities not defined as or involving activities
defined as special events in this chapter);
6.
If the event will require the closing of streets, the event and applicant
are subject to the rules and regulations set forth in Title 23, Traffic,
Chapter 4A, Temporary Closing of Streets, of the Revised General Ordinances
of the City of Newark. For street closings, the applicant shall submit
a copy of the statement of concurrence with the proposed street closing
signed by the heads of not less than 51% of the households on the
block or blocks to be closed;
7.
If the event will have a fireworks display, the event and the applicant
are subject to the rules and regulations set forth in Title 11, Fire
Prevention Code, Chapter 1, New Jersey Uniform Fire Safety Code Enforcing
Agency, Amendments to Code, of the Revised General Ordinances of the
City of Newark. The applicant shall submit a copy of the fireworks
vendor's 1) Permit to Manufacture Explosives and 2) Permit to Use
Explosives, both issued by the New Jersey Department of Labor, Office
of Safety Compliance. The applicant shall obtain and complete a "Permit
Application for Storage/Use of Explosives" issued by the City of Newark
Division of Fire, Bureau of Fire Prevention and Fire Safety Inspection;
8.
If the event will have banners displayed, the event and applicant
are subject to the rules and regulations set forth in Title 29, Streets
and Sidewalks, Chapter 21, Signs, Notices, and Advertisements, of
the Revised General Ordinances of the City of Newark. Banners shall
not be secured to any trees, utility poles, and/or street/traffic
lights. The minimum vertical clearance for banners across any roadway
shall be 14 feet or 4.3 meters in height. The applicant shall provide
proof of permission from the property owner (if not City-owned property)
to attach banner to any structure on the property;
9.
If the event will require use of a City-owned park, the event and
applicant are subject to the rules and regulations set forth in Title
20, Offenses, Miscellaneous, Chapter 20, Rules and Regulations for
Parks and Recreational Facilities, of the Revised General Ordinances
of the City of Newark;
10.
If alcohol is to be served, event organizers must acquire a Special
Permit for Social Affairs from the State of New Jersey Department
of Law and Public Safety, Division of Alcoholic Beverage Control.
Permit applications are available through the City of Newark Alcoholic
Beverage Control Board. Liquor liability insurance shall be required,
in such form and amount as set forth in this ordinance. Applicant
must comply with any applicable State or local laws;
11.
If food is to be served, the event and applicant are subject to the
rules and regulations set forth in N.J.A.C. 8:24, Title 13, Food,
Drugs, and Cosmetics, of the Revised Ordinances of the City of Newark,
and Title 11, Fire Prevention Code, Chapter 1, New Jersey Uniform
Fire Safety Code Enforcing Agency, Amendments to Code, of the Revised
General Ordinances of the City of Newark;
12.
If merchandise and/or food is to be sold, the event and applicant
are subject to the rules and regulations set forth in Title 8, Businesses
and Occupations, Chapter 7, Hawking and Peddling; Canvassing and.
Soliciting, of the Revised General Ordinances of the City of Newark.
Permit applications are available through the City of Newark Central
License and Permit Office;
13.
If applicable, the applicant must provide proof that the amusement ride's owner/operator has acquired the necessary permits from the New Jersey Department of Community Affairs, Bureau of Code Services and the insurance required in this chapter at Section 5:10-6; and
14.
If applicable, the applicant must provide proof that the owner/operator/distributor
of any game of chance has registered with the New Jersey Legalized
Games of Chance Control Commission. For coin-operated amusement devices,
the Applicant must provide a copy of the owner/operator/distributor
license issued by the City of Newark, pursuant to the rules and regulations
set forth in Title 5, Amusements and Amusement Businesses, Chapter
2, Coin-Operated Amusement Devices, Articles 2, Licensing and Regulating
Distributors of Devices of the Revised General Ordinances of the City
of Newark;
15.
If the event or applicant plans to utilize an amplified sound device,
i.e. loudspeaker, public address system, bullhorn, etc., the event
and applicant are subject to the rules and regulations set forth in
Title XX, Offenses, Miscellaneous, Chapter 3, Noise Control of the
Revised General Ordinances of the City of Newark, New Jersey, 2000,
as amended and supplemented, the application shall be obtained from
and submitted to the Department of Finance, Division of Special Taxes
and Tax Abatements.
16.
If the event is to include animals, the applicant or coordinator
shall provide to the City, at least one week prior to the date of
the event, a health certificate for each animal to participate, as
well as the name of a veterinarian who shall provide care for any
injured or sick animal, a copy of the handler's licenses required
under Federal and/or State law, and verification of access to animal
transport;
17.
If members of the public will have contact with farm animals at the
event, the City strongly encourages the applicant to comply with the
recommendations made by the Infections and Zoonotic Disease Program
of the New Jersey Department of Health and Senior Services for reducing
the risk for transmission of disease-causing microorganisms at petting
zoos and other venues where the public has contact with farm animals;
18.
The applicant accepts total responsibility for providing and maintaining
proper garbage removal, to include the source separation of recyclable
materials such as glass bottles and jars, aluminum and bi-metal cans,
and corrugated cardboard from any garbage generated during the special
event. All recyclable materials collected, shall either be recycled
by a private hauler or dropped off at the City of Newark Recycling
Depot, located at 80 Miller Street, Newark, New Jersey, from Monday
thru Friday 8:30 a.m. to 4:30 p.m., as outlined in the City of Newark's
Mandatory Recycling Ordinance. It shall be the responsibility of the
applicant to ensure that a recycling tonnage report form, which is
included with the permit application, is completed and forwarded to
the City of Newark Office of Recycling, located at 62 Frelinghuysen
Avenue, Newark, New Jersey, within 30 days after the event only if
a private hauler and another recycling market, other than the Newark
Recycling Depot is used;
Failure of the applicant to submit a complete application as
defined above and to comply with the applicable State laws and regulations
shall be grounds for denial of the permit application.
Except as otherwise provided herein, applicants for events defined
herein as First Amendment activities are not required to comply with
paragraphs d,4, 6 and 7 above.
[Ord. 6 PSF-C, 12-16-2009 § 2; Ord. 6PSF-G, 10-2-2019]
Due to the risk of personal injury and property damage, the
individual, institution, organization, or association sponsoring the
special event is required to provide a certified true copy of a general
liability insurance policy for all special events, including events
defined herein to be a First Amendment activity that include the use
of animals, fireworks, amusement rides or where alcohol will be served
or made available and those associated with other activities defined
as special events, but excluding events defined herein to be a First
Amendment activities that does not include the use of animals, fireworks,
or amusement rides and where alcohol will not be served. Each policy
must name the City and its officers and employees as additional insured.
The coverage provisions of each policy must provide coverage for any
loss or damage that may arise to any person or property by reason
of the conduct of the special event by the applicant.
a.
Insurance is required in the following types and amounts:
1.
Commercial general liability insurance must be provided with combined
single limits of liability for bodily injury and property damage of
not less than $1,000,000 for each occurrence. If a special event includes
vehicles, aircraft or other equipment, devices or activities that
are excluded from coverage in the commercial general liability insurance
policy, then separate additional liability insurance coverage for
the applicable exclusion must be provided with combined single limits
of liability for bodily injury and property damage of not less than
$1,000,000 for each occurrence.
2.
Additionally Insured Status: The
City of Newark is to be named as additional insured for liability
arising out of activities performed by or on behalf of the Special
Event/Special Event Applicant. Applicant must ensure the following:
3.
Certificate of Insurance/Endorsements: A certificate of insurance
from an insurer with a Best's rating of no less than A-indicating
compliance with the required coverage must be supplied to the City
of Newark. The Special Event applicant must notify the City of Newark
immediately, of any material change in insurance coverage, such as
changes in limits, coverage's, change in status of policy, etc. The
applicant shall maintain for the duration of the event at its cost
and expense, insurance against claims for injuries to persons or damages
to property, including contractual liability, which may arise from
or in connection with the issuance of the Special Event permit, its
agents, employees, representatives, assigns or subcontractors. Generally,
this insurance shall cover such claims as may be caused by any negligent
act or omission and shall be up to the amounts of $1,000,000 per occurrence
and $2,000,000 aggregate. The City of Newark reserves the right to
require complete copies of insurance policies at all times.
4.
If any alcoholic beverage is sold, served or otherwise made available
at the special event, then separate additional liquor liability insurance
must be provided by the alcoholic beverage license holder in an amount
of not less than $1,000,000 for each claim.
5.
If any fireworks or other special effects are displayed at the special
event, then separate additional general liability insurance must be
provided by the pyrotechnics company in an amount of not less than
$2,000,000 for each claim.
6.
If security guards (other than City staff) are used at the special
event, then separate additional security guard liability insurance
must be provided by the security guard company in an amount of not
less than $1,000,000 for each claim.
7.
If emergency response or first aid stations are provided at the special
event, then separate additional medical liability insurance must be
provided by the applicant in an amount of not less than $1,000,000
for each claim.
8.
If amusement rides are provided at the special event, proof of separate
additional general liability insurance from the operator, naming the
City as an additional insured, must be provided along with a current
certificate of inspection.
9.
If the special event if conducted at a City-owned facility that is
not covered by insurance requirements established by a City lease
and use agreement, then separate additional general liability insurance
must be provided by the applicant in an amount of not less than $1,000,000
for each claim.
In addition to the above insurance requirements, the City's
Business Administrator and/or the Risk Manager may require additional
insurance for a special event if such additional insurance is necessary
for the protection of the City or the public health, safety and welfare.
An original certificate of insurance completed by an authorized
agent of the insurance company naming the City as an additional insured
and evidencing each insurance coverage required under this section
must be delivered to the City at least 30 days before the special
event begins.
b.
Indemnification. All applicants, except those engaging in First Amendment
activities not defined as or involving activities defined as special
events, shall be required to execute a hold harmless agreement written
on the institution, organization, or association's letterhead, notarized,
and signed by an authorized representative of said institution, organization,
or association that contains the following language:
"The "Name of Applicant" shall defend, indemnify, and hold harmless
the City of Newark, its agents, servants, and administrators from
and against any and all claims, or actions at law, whether for personal
injury, property damage, or liability including any cost of defense
incurred by the City of Newark which arise from any acts, omissions
of the insured, its agents, or employees arising out of or related
to the permit(s) and use of the City of Newark's parks, streets, properties,
and/or facilities for "Name of the Event" on "Date and Time of the
Event."
If an applicant is unable to provide the executed, notarized
copy of the hold harmless agreement written on the institution, organization,
or association's letterhead and signed by an authorized representative,
a standard City of Newark hold harmless may be executed in lieu of
the aforementioned written agreement. The City of Newark hold harmless
agreement may be obtained from the Central License and Permit Office
and requires the signature of an authorized representative of said
institution, organization, or association.
[Ord. 6 PSF-C, 12-16-2009 § 2; Ord. 6PSF-G, 10-2-2019]
a.
Upon receipt of a completed permit application package, the City
will review the application and shall notify the applicant of the
projected estimated costs for City above-base services (hereinafter
referred to as total costs) for their proposed event, including but
not limited to the cost for police officers, sanitation services,
inspectors, and electricians.
b.
The applicant shall be responsible for 80% of the above-base service
costs for the Special Event. These charges to the applicant shall
be referred to as "cost recovery charges". The City shall absorb 20%
not to exceed $20,000 for the above base service costs. Only 501(c)(3)
nonprofit organizations that are based in the City of Newark and operated
by residents of the City of Newark shall qualify for the 20% cost
absorption by the City.
The applicant must pay their total cost recovery charges prior
to the City's conveyance of the applicable permit(s). This payment
for cost recovery charges shall be payable to the City of Newark in
the form of money order, certified check, or cashier's check.
The City will absorb the cost of all base-line services for
demonstrations or First Amendment activities not defined as or involving
activities defined as special events in this chapter. If the organizer
of such demonstrations or First Amendment activities request above-base-line
services, reimbursement of such expenses shall be calculated and collected
in accordance with this section. However, the City shall not be obligated
to provide any such above-base-line services in this or any other
circumstance.
The ward representative (Council Member) shall be notified of
the event at the time the application is submitted.
[Ord. 6 PSF-C, 12-16-2009 § 2; Ord. 6PSF-G, 10-2-2019]
In all instances where cost recovery charges are imposed, each
person or entity issued a Special Event permit shall within 60 days
of the conclusion of the event file a CPA certified Income and Expense
report detailing the financial activity of the event. The report shall
contain the following; revenues generated by source, expenses incurred
by type, and total contributions received delineated by individual
donor/sponsor. The expenses, revenues, and contributions shall be
supported by appropriate documentation. Failure to file the report
with the aforementioned documentation shall constitute a violation
of this chapter and grounds for denial for any subsequent special
event.
[Ord. 6 PSF-C, 12-16-2009 § 2; Ord. 6PSF-G, 10-2-2019]
The Business Administrator shall promulgate such policies and
procedures pertaining to Special Events as he or she deems necessary
to protect the health, safety, and welfare of the general public,
including but not limited to notices and inspections. A copy of the
policies and procedures shall be placed on file with the City Clerk
by the Business Administrator.
[Ord. 6 PSF-C, 12-16-2009 § 2; Ord. 6PSF-G, 10-2-2019]
Any person violating any of the provisions of this chapter shall
be subject to a fine not to exceed $1,000 per day or a period of community
service not exceeding 90 days or both.
[Ord. 6 PSF-C, 12-16-2009 § 2; Ord. 6PSF-G, 10-2-2019]
No special event shall open, operate, or utilize any fire hydrant
in the City of Newark. All events are subject to the rules and regulations
set forth in Title 33, Water, Chapter 2, Water Conservation, Section
5, Prohibited Fire Hydrant Uses of the Revised General Ordinances
of the City of Newark.
