[HISTORY: Adopted by the Township Council of the Township
of Moorestown 4-26-2021 by Ord. No. 14-2021. Amendments noted
where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any planned gathering on public property, a public street,
or in the public right of way, lasting between four hours and 24 hours,
including set-up time, that contemplates the presence of 50 or more
persons, is free and open to all members of the public, fosters community-wide
enjoyment, and stimulates broad economic activity and cultural enjoyment.
By way of example, and not limitation, past events that would meet
this definition include the Annual Moorestown Paddle Board and Kayak
Race, Moorestown Day and Autumn in Moorestown.
A person or entity which conducts business during a community
event.
It is the intent of this chapter to provide uniform standards
and a uniform procedure for the approval and conduct of community
events.
No person or entity shall conduct, host, or otherwise hold a
community event without first having obtained approval pursuant to
this chapter.
A.
Application. In order to receive approval to hold a community event,
the person or entity organizing the event shall submit an application
to the Chief of Police of the Township of Moorestown upon forms provided
by the Township. If a road closure is requested, the application shall
be submitted at least 90 calendar days prior to the community event;
otherwise, the application shall be submitted at least 45 calendar
days prior.
B.
Fee. When submitting the application, the applicant shall pay an
application fee in the amount of $100 for events which involve a road
closure; otherwise, the application fee will be $75.
C.
Information required. The applicant shall provide the name, address,
e-mail address, and telephone number, including cellular phones where
the organizer can be reached while the event is taking place, a detailed
description of the community event for which the applicant is seeking
approval, including the date, location, hours of operation, whether
any street closure is requested, whether alcohol will be served, whether
community event vendors will be present at the event, and such other
information the Police Department may require to ensure safety of
the attendees and members of the general public.
D.
Insurance; indemnification. The applicant is required to provide
general liability, bodily injury and property damage coverage with
minimum limits of liability acceptable to the Township. A certificate
of insurance specifically naming the Township as an additional insured
must be furnished to the Township no less than 10 calendar days prior
to the commencement of the community event. As a condition of approval,
the applicant shall also sign an indemnification agreement that provides
that the organizer agrees to indemnify, defend, and hold harmless
the Township and each of its officers, officials, employees, and agents
(all collectively referred to as the Township) from any and all loss,
liability, costs and damages (whether in contract, tort or strict
liability, including but not limited to personal injury, death at
any time and property damage) incurred by any person, including attorney's
fees and litigation expenses, arising or alleged to have arisen directly
or indirectly out of a community event.
E.
Alcoholic beverages. In the event alcoholic beverages are intended
to be served in connection with a community event, the applicant shall
obtain a social affairs permit issued by the Division of Alcoholic
Beverage Control.
A.
The Chief of Police, or the Chief's designee, shall review the
application to determine whether the proposed community event can
take place in a manner that will ensure the safety and well-being
of the attendees as well as members of the general public. The Chief
shall have the discretion to recommend public safety measures be required
as a condition of approval of a community event, which may include
requiring that police officers be assigned to the event, at a cost
to be borne by the organizer.
B.
Upon the recommendation of the Chief of Police, the Township Council
shall adopt a resolution to memorialize the approval of the community
event.
Community events shall be conducted in accordance with the following
standards:
A.
The event shall be conducted consistent with the information provided
on the application, and in accordance with any conditions imposed
by the Chief of Police.
B.
If any combustible fuel, such as a gasoline or propane, whether for
cooking, heating, or any other reason, will be used, any required
Fire Department approval shall be obtained, and such fuel shall be
used in accordance with appropriate safety precautions.
C.
The event shall not be conducted in a manner that creates a threat
to the health, safety, and welfare of any individual or the general
public.
D.
Community event vendors shall not be required to obtain a permit in accordance with Chapter 132 of the Township Code to participate in an approved community event.
E.
Food vendors must obtain and display the appropriate certificate
from the County Health Department.
F.
Smoking shall not be permitted.
G.
At the conclusion of the event, the organizer shall ensure the site
is restored to the condition it was in prior to the event. All litter
generated by the event shall be collected, all garbage must be removed,
and the site must be clean and free of debris.
A.
Generally. Any approval issued under this chapter may be suspended
or revoked at the discretion of the Chief of Police, or the Chief's
designee, for violation of any of the following:
B.
Notice. Notice of suspension or revocation may be delivered verbally
or in writing (which may be hand delivered, or sent by first-class
mail or email to the address of the person or entity that submitted
the application), and shall identify the basis for the suspension
or revocation. If the event has already started when notice is provided,
the organizer shall cease conducting the event, and shall immediately
announce to those in attendance that the event is concluded. If notice
is given prior to the start of the event, the organizer shall provide
such notice as is necessary to reasonably inform the intended attendees
that the event is suspended or terminated. Failure to comply with
such notice shall constitute a violation of this chapter.
C.
Appeal. Any person or entity whose approval is suspended or revoked
under this section shall have the right to appeal that decision to
a court of competent jurisdiction.
Any person or entity that violates any provision of this chapter shall be fined as set forth in Chapter 66. Every day that a violation continues shall constitute a separate and distinct offense.
