[Ord. No. O-20-13]
Special events are of infrequent occurrence and temporary nature
and may be associated with promotions, holidays, festivals, etc. Special
events may be allowed by a special events permit granted by the Business
Administrator or his/her designated representative.
[Ord. No. O-20-13]
The following terms, when used in this chapter, shall have the
following meanings:
Includes the person or other entity applying for the special
event permit. "Applicant" shall include, but not be limited to, the
event's sponsor, organizer, or promoter.
An occasion in which a group of persons collect to engage
in or watch a sport or a form of exercise on private or public property
not designed for such activity and/or on a Township street, sidewalk,
alley, or other street right-of-way, which obstructs, delays or interferes
with the normal flow of pedestrian or vehicular traffic, or does not
comply with traffic laws or controls. Athletic events include, but
are not limited to, bicycle and foot races.
A festive gathering on private property or a street which
may or may not require the closure of a street, or a portion thereof,
to vehicular traffic, and/or use of the street for the festivity including
barbecues, picnics, music or games.
The area(s) designated by the Business Administrator or his/her
designated representative as an area within specific boundaries in
which a permitted special event may take place. Special event vendors
will be allowed within the boundaries of the entertainment areas with
proper permitting and approval of the Business Administrator or his/her
designated representative.
A march or procession consisting of any number of persons,
animals, or vehicles, or a combination thereof, on any Township street,
sidewalk, alley, or other right-of-way, which obstructs delays or
interferes with the normal flow of pedestrian or vehicular traffic,
or does not comply with traffic laws and controls.
All parks and bodies of water contained therein, squares,
drives, parkways, boulevards, trails, golf courses, museums, aquaria,
zoos, beaches, playgrounds, playfields, botanical gardens, greenbelts,
parking lots, community centers and other park, recreation and open
space areas and buildings and facilities comprising the parks and
recreation system of the Township under the management and control
of the Township of Rockaway.
The fee to be paid by the special event permit applicant
at the time the application is filed with the Township. Such fee shall
be set by the Council.
Includes parking lots, malls, streets, avenues, ways, boulevards,
drives, places, alleys, sidewalks, and planting (parking) strips,
squares, triangles and nondedicated roadways and the space above or
beneath its surface, whether or not opened or improved, where the
proposed special event is not a permitted use pursuant to the Zoning
Ordinance[1] in the zone in which the special event is proposed to
take place.
Includes streets, avenues, ways, boulevards, drives, places,
alleys, sidewalks, and planting (parking) strips, squares, triangles
and right-of-way for public use and the space above or beneath its
surface, whether or not opened or improved.
The amount of money required of a permittee by the Township
if the special event is held in a public place, in order to assure
adequate cleanup of the special event site. However, if it is reasonably
anticipated that the holding of a special event on private property
will result in the need for a cleanup in a surrounding public area,
such deposit shall also be required. The deposit shall be returned
to the permittee upon the completion of the event and approval of
the Business Administrator.
Meeting, gathering, or group of persons, animals or vehicles,
or any combination thereof, having a common purpose, design or goal,
upon a private or public facility, street, sidewalk, park, waterway,
or other place, where the special event substantially inhibits the
usual flow of pedestrian or vehicular traffic or which occupies any
private or public area and impacts use in or around such area by the
general public. A special event shall include, but shall not be limited
to farmers' markets, festival celebrations, concerts, parades, block
parties, athletic events, drive-in movies, and other similar gatherings
which meets one or more of the following:
Is reasonably expected to cause or result in more than 50 people
gathering in a park or other private or public place;
Is reasonably expected to have a substantial impact on such
park or other private or public places;
Is reasonably expected to require the provision of substantial
public services; or
Occurs no more than four times per year with each event lasting
for no longer than 48 consecutive hours.
A permitted vendor allowed to operate within entertainment
areas during permitted special events.
The permit issued by the Business Administrator or his/her
designated representative after the applicant has met all applicable
reviews and requirements set forth in this chapter.
An event which would impact in whole or in significant part
the public's normal and customary use of such place.
A material increase in the amount, scope, or level of necessary
fire, police, traffic control, crowd control, or other public services
above those that would normally be required without the event. With
respect to police resources, "substantial public services" means resources
for crowd management or traffic control required for the event over
and above the normal deployment of police in that geographic area
of the Township at the time of day during which the event will occur.
[Ord. No. O-20-13]
The provisions of this chapter shall not apply to:
A.Â
Funeral processions;
B.Â
Groups required by law to be so assembled;
C.Â
Pedestrian processions along a route that is restricted to sidewalks
and crossing streets only at pedestrian crosswalks in accordance with
traffic regulations and controls; and
D.Â
Activities and events deemed by the Mayor or his/her designated representative
to not require a special events permit.
[Ord. No. O-20-13]
The Business Administrator or his/her designated representative
shall, after consultation with appropriate departments and agencies,
have discretionary authority regarding special event permits.
[Ord. No. O-20-13]
A.Â
A special event permit from the Business Administrator or his designated
representative is required for any special event, as defined in this
chapter, except that no special event permit shall be required if
the event sponsor, organizer, or other party and the Township have
entered into a written agreement covering the same matters as would
otherwise be included in a special event permit for such an event.
Such special event permits shall be in addition to any street or park
use permits, or other regular permits as may be required by ordinance.
B.Â
When a special event permit is required, the Business Administrator
or his/her designated representative shall distribute the application
to all Township department heads for their review. After the application
has been reviewed, the Business Administrator or his/her designated
representative may, if they deem it necessary, meet with the organizer,
advise the organizer of all other permits that appear to be required
for the event and/or of the requirements of the Township to be followed,
if any, which must be adhered to by the applicant in order for the
special events permits to be approved.
[Ord. No. O-20-13]
The fee for issuance of a special events permit shall be the
designated by the Council annually by resolution.
[Ord. No. O-20-13]
A.Â
No fee shall be imposed when prohibited by the First and Fourteenth
Amendments to the United States Constitution.
B.Â
No fee shall apply to a block party that occurs on private property
and fees may be waived for special events sponsored by nonprofit agencies
and which further the goals and objectives of the Township.
[Ord. No. O-20-13]
A.Â
Any person wishing to sponsor a special event must apply for a special
event permit by filing an application with the Business Administrator
or his/her designated representative 30 days prior to the date on
which the event is to begin to occur.
B.Â
The Business Administrator or his/her designated representative shall
issue the special events permit once the application has been approved
after review of appropriate departments to include health, police,
fire, public works, building and planning, parks and recreation, zoning
and others as determined by the Business Administrator or his/her
designated representative, and the applicant has agreed in writing
to comply with the terms and conditions of the permit.
C.Â
The Business Administrator or his/her designated representative shall
approve, conditionally approve, or deny an application based on the
recommendations of departments involved in the review process.
[Ord. No. O-20-13]
A.Â
The Business Administrator or his/her designated representative may
include in a special event permit, among other provisions, reasonable
terms or conditions as to the time, place, length and manner of the
event; the implementation of a plan presented by the applicant and
approved by the Township for crowd control, traffic control, and security;
compliance with health and sanitary regulations as explicated by the
Health Department for the event; coordination with the Fire Department
or medical personnel for emergency treatment and evacuation of people
who may need immediate care, cardiopulmonary resuscitation or ambulance
service; emergency communication; fire-suppression equipment with
structures; maintenance of unobstructed emergency passageways; and,
where traffic congestion may be anticipated, encouraging the use of
public transit and carpooling. In determining conditions, the Business
Administrator or his/her designated representative shall consider
anticipated impacts of the event based on an assessment of the event,
including size, scope, complexity, and history as well as the event's
or event organizer's successful implementation of conditions
included in previous permits. Conditions shall be based upon projected
impacts on public safety, public places and public services, but shall
not be based upon the programming content of the event or message
that the proposed event may convey.
B.Â
In order to accommodate other concurrent events, the rights of abutting
owners, and the needs of the public to use streets or parks, the conditions
may include, but are not limited to, reasonable adjustments in the
date, time, route or location of the proposed event; accommodations
of pedestrian or vehicular traffic using the street; and limitations
on the duration of the event.
[Ord. No. O-20-13]
A.Â
Denial. A special event permit may be denied based upon a determination
that:
(1)Â
The proposed event would unreasonably disrupt the orderly or safe
circulation of traffic or as would present an unreasonable risk of
injury or damage to the public;
(2)Â
The event would seriously inconvenience the general public;
(3)Â
The event would unreasonably infringe upon the rights of abutting
properties;
(4)Â
The proposed event is proximate to another previously permitted or
previously scheduled event, so that the combined impacts and required
public services exceed what the Township, after reasonable efforts
have been made to accommodate both events, can reasonably provide;
or the proposed event would interfere with construction or maintenance
work in the immediate vicinity, or unreasonably infringe upon the
rights of abutting properties;
(5)Â
There are not sufficient safety personnel or other necessary Township
staff to accommodate the event;
(6)Â
The applicant failed to complete the application form after being
notified of the additional information or documents required;
(7)Â
The applicant supplies false or misleading information; the applicant
fails to complete the application or to supply other required information
or documents; or the applicant declares or shows an unwillingness
or inability to comply with reasonable terms or conditions contained
in the proposed permit;
(8)Â
The applicant cannot meet, or is unwilling to meet, all of the requirements
of this chapter or any special conditions imposed by any of the reviewing
agencies;
(9)Â
Other issues in the public interest were identified by the Business
Administrator or his/her designated representative; or
(10)Â
Failure to prepay expenses.
B.Â
Revocation. The Business Administrator or his/her designated representative
may cancel or revoke a permit already issued upon written notice to
the applicant stating the grounds for revocation if:
(1)Â
The applicant, in the information supplied, has made misstatement
of a material fact; the applicant has failed to fulfill a term or
condition of the permit in a timely manner; or the check submitted
by an applicant in payment of the fee for a permit has been dishonored;
(2)Â
The applicant requests the cancellation of the permit or cancels
the event; or
(3)Â
An emergency or supervening occurrence requires the cancellation
or termination of the event in order to protect the public health
or safety. The Township shall refund the permit fee in the event of
a revocation caused by an emergency or supervening occurrence; the
Township shall refund the balance of the fee less its costs incurred
if the cancellation occurs at the request of an applicant who is in
compliance with this chapter.
[Ord. No. O-20-13]
A.Â
Prior to the issuance of the special event permit, the applicant
must agree to reimburse the Township for any costs incurred by the
Township in repairing damage to Township property and/or the public
rights-of-way which may occur in connection with the permitted event.
B.Â
Permittee agrees to defend, indemnify and save harmless the Township,
its appointed and elected officers and employees from and against
all loss or expense, including but not limited to judgments, settlements,
attorney's fees and costs by reason of any and all claims and
demands upon the Township, its elected officials or employees for
damages because of personal or bodily injury, including death at any
time therefrom, sustained by any person or persons and on account
of damage to property or loss therefrom, arising out of any activity
under or in connection with the special event, except only such injury
as shall have been occasioned by the sole negligence of the Township,
its appointed or elected officers or employees.
C.Â
The Business Administrator or his/her designated representative has
the authority to require a refundable deposit for reimbursement of
the costs for cleanup services.
[Ord. No. O-20-13]
A.Â
As required by the Business Administrator or his/her designated representative,
the permittee shall provide the Township with proof of commercial
general liability insurance in the amount of $1,000,000 per occurrence,
and an endorsement naming the Township of Rockaway, its employees
agents and or representatives as an additional insured must be provided.
Such additional insured coverage shall be primary and noncontributory.
B.Â
Certificates of insurance along with a copy of the insurance policy
with all endorsements shall be submitted to the Township for approval
no less than 15 working days prior to the event. Acceptability of
insurance is subject to approval by the Township's legal counsel.
[Ord. No. O-20-13]
A.Â
The Business Administrator or his/her designated representative shall
have the right to designate the entertainment areas for permitted
special events. Entertainment areas may include by not be limited
to streets that have been approved for closure and public areas.
B.Â
Special event vendors listed by the special event sponsor in the
special event permit application:
(1)Â
Will be allowed within the designated entertainment area only after
having first complied with all applicable state and local laws/regulations;
(2)Â
The Business Administrator or his/her designated representative reserves
the right to determine location of special event vendors within entertainment
areas.
