[HISTORY: Adopted by the Council of the Borough of Fair Lawn 2-22-2022 by Ord. No. 2610-2022. Amendments noted where applicable.]
As used in this Chapter 205, the following terms shall have the meanings indicated:
BOROUGH PROPERTY
Includes all municipal buildings, parks, pools, beaches, athletic fields and complexes, streets and other rights-of-way, parking lots, and any other property owned, leased or controlled by the Borough.
EVENT ORGANIZER
Any person or organization that conducts, manages, promotes, organizes, aids or solicits attendance at a commercial or noncommercial special event.
EXTRAORDINARY SERVICES
Reasonable and necessary services provided by the Borough which specifically result from the special event. Extraordinary services result in measureable financial costs which are beyond the normal levels of public health and safety services on a non-event day. Extraordinary services will normally be those services requiring Borough employees to be specifically assigned to tasks in support of the special event and/or those services resulting in overtime pay or similar costs which result from the event. Examples of extraordinary services may include but are not limited to police protection, traffic control, park services, and other services necessary to ensure the protection of participants and citizens, the proper functioning of Borough services, and the proper administration of this policy. The Borough will make reasonable efforts to minimize the requirement for overtime pay or other costs for extraordinary services where sufficient advanced notice of the event is provided.
NOT-FOR-PROFIT CORPORATION
A federal tax exempt, nonprofit corporation incorporated in New Jersey. A New Jersey corporation which can demonstrate proof of pending federal tax exempt status shall also be deemed a nonprofit corporation for the purposes of this chapter.
SPECIAL EVENT
A. 
A temporary gathering of people on public or private property not sponsored or cosponsored by the Borough and involving at least one of the circumstances listed below:
(1) 
The closing of public streets or public rights-of-way which increase traffic congestion and create parking problems;
(2) 
Installation or construction of temporary structures;
(3) 
Requires extraordinary services by any Borough department;
(4) 
Hours of the event extend beyond those otherwise adopted in Borough ordinances.
B. 
The Borough Manager or his/her designee shall have the authority to determine whether an event meets the definition of "special event." Examples of special events include but are not limited to outdoor activities, such as running/jogging/walking events, bicycle races and other forms of competition and athletic events, street fairs, carnivals, festivals and any other gathering meeting the above criteria. Demonstrations, rallies, protests, or vigils are not considered a special event.
A. 
No person or entity acting as an event organizer shall set up for, hold, or conduct a special event within the municipal boundaries of the Borough without first obtaining a special event permit from the Office of Borough Manager. The special event permit shall be filed no more than one year before, and no less than 45 days prior to, the event. The Borough Manager shall determine whether or not a particular event requires the approval of the Mayor and Council. If the special event requires approval by the Mayor and Council, the Borough Manager shall place the event on a Council work session for discussion and consideration.
B. 
Any special event which includes the sale of food and beverages, if permitted, shall also be referred to the Health Department for approval and issuance of a certificate of health inspection in addition to the special event permit. No special event involving the sale of prepared food will be permitted without obtaining permission from the Health Department.
C. 
If the special event includes the sale of liquor, the applicant must obtain a permit from Alcoholic Beverage Control.
D. 
To the extent permitted by law, the Mayor and Council and/or the Borough Manager may not approve the permit under the following conditions:
(1) 
The organizer(s) made material misrepresentations regarding the nature or scope of the event;
(2) 
The organizer(s) held prior special events without proper permitting or licensing or has violated the terms of the event held;
(3) 
The organizer(s) asserts that they cannot or will not pay the costs of the extraordinary services;
(4) 
The applicant has, on prior occasions, been required to pay for extraordinary expenses or damages to Borough property and has not paid in full for such expenses or damages;
(5) 
The special event would present a grave or unreasonable danger to the health or safety of the persons expected to participate in the event, the neighborhood in which the event will occur, the community as a whole, or Borough property and resources required to be involved with the proposed event;
(6) 
The number of persons expected to participate in the special event would result in a concentration of persons and/or vehicles that cannot be supported at the requested time or location due to a lack of sufficient open area, streets, off-site parking, or traffic controls.
A. 
The Borough Manager may schedule a meeting or meetings involving the organizer(s), the Mayor, Council and the affected Borough departments. Meetings will be scheduled at the discretion of the Borough Manager based upon the circumstances of the special event. The purpose of the meeting will be to discuss the special event potential impacts, the Borough services requested, and the Borough services which may be required.
B. 
Special events must comply with all applicable Borough ordinances and requirements, including but not limited to traffic rules, park rules, state health laws, fire codes, building codes, zoning, and food service regulations. Special event organizers shall use all reasonable efforts to ensure compliance of participants/attendees with all applicable Borough ordinances, traffic rules, park rules, state health laws, fire codes, and other licensing requirements.
C. 
The event organizer shall identify a designated individual who can be contacted by Borough representatives, such as the Police, Fire, Health, Recreation, Parks, and Public Works Departments, to provide information or answer questions, or to whom Borough representatives may refer questions and comments from the public.
D. 
At the request of the Borough, the special event organizer(s) may be required to address the following issues and provide additional supporting material:
(1) 
Parking: The special event organizer(s) shall include a plan identifying areas that may be reasonably expected to be utilized by event participants for off-street and on-street parking. The applicant shall take all reasonable precautions to minimize adverse effects on the neighborhoods that will be directly affected by parking and traffic related to the event.
(2) 
Sanitary facilities and potable water: All sanitary facilities and potable water facilities shall be provided for as required in the applicable codes.
(3) 
Illumination: If the special event is to continue during hours of darkness, it shall comply with all applicable codes related to illumination.
(4) 
Security: The special event organizer(s) shall work with the Police Department to ensure that appropriate security and safety is provided for the event.
(5) 
Fire Department protection/prevention: All fire protection applicable to the special event activities on the premises shall be provided by the organizer(s) as required by the Fire Prevention Code.[1]
[1]
Editor's Note: See Ch. Ch. 104, Fire Prevention, Art. I, Fire Prevention Code.
(6) 
Compliance with other code provisions: No special event shall be held unless all necessary municipal permits, licenses, and approvals applicable to the activities to be held during the special event have been issued.
(7) 
Refuse removal: The special event organizer(s) shall be responsible for taking all reasonable efforts to pick up litter and refuse during the event and for removing all litter and refuse created during the event. The event organizer is responsible not only for the event grounds, but will also take all reasonable measures for the removal of litter and refuse attributable to the event from the surrounding neighborhoods and properties.
(8) 
Notification: The special event organizer(s) may be required by the Borough to provide reasonable advance notice to residents and/or businesses, or to neighborhoods if individual notice is impractical, who may be expected to experience a substantial traffic and/or noise impact from the event.
(9) 
Barricades: Barricades may be required for street closures. All barricades used for the special event shall meet the standards as set forth in the Manual on Uniform Traffic Control Devices (MUTCD), unless they are manned barricades.
A. 
The Borough Manager shall provide an estimate of the extraordinary service costs with enough detail to allow the event organizer(s) to reasonably understand the extraordinary services and costs that are expected.
B. 
Event organizer(s) shall be liable for and pay the Borough 50% of the actual cost of the extraordinary services provided by the Borough for the event. If the special event has more than one person or entity organizer, then each of the organizers are liable to the Borough for the total amount due, regardless of how the multiple organizers may separately agree to divide these expenses. This fee shall be paid to the Borough within 30 days of the date an itemized invoice for the same is prepared and mailed by the Borough at the conclusion of the special event.
C. 
Event organizer(s) that are a not-for-profit corporation and Borough-based shall be liable for and pay the Borough 35% of the actual cost of the extraordinary services provided by the Borough for the event.
D. 
The event organizer(s) may request that the fee of the extraordinary costs be waived due to substantial financial hardship. The waiving of these fees shall be discussed and approved by the Mayor and Council.
A. 
All special event organizers shall procure, at their expense, a policy of insurance subject to the Borough's minimum requirements for special events. Minimum policy limits shall be $1,000,000 general liability with a $2,000,000 aggregate; however, the Borough reserves the right to adjust policy limits according to the level of risk associated with the special event. Each policy and endorsement must include the Borough as additionally named insured. All insurance shall be in full force prior to commencing the event and remain in force throughout the entire event, including the cleanup period after the event. The certificate of insurance shall be satisfactory proof of insurance of said policies and shall be filed with the Borough Manager's Office a minimum of five days prior to the scheduled event. A copy of the certificate of insurance may be accepted by facsimile transmission or an email attachment with the original to be received no later than three days prior to the event. The event shall not be allowed to proceed without submission of insurance documentation.
B. 
The event organizers shall agree to indemnify, defend and hold harmless the Borough, its agents, servants, representatives and employees from and against all losses, damages, claims, liabilities and causes of action of every kind or character and nature, as well as costs and fees, including reasonable attorneys' fees connected therewith, and the expense of investigation thereof, based upon or arising out of damages or injuries to third persons or their property caused by the acts, omissions or negligence of the applicant, anyone for whose acts the applicant may be liable, or any claims arising out of or in any manner relating to the activities permitted pursuant to this chapter to the extent permitted by law. The applicant shall give the Borough prompt and reasonable notice of any such claims or actions.
The Borough Manager or the Mayor and Council may cancel a special event without prior notice for any significant change in conditions which would or may adversely affect the public health or safety of the community, or for any condition that would place Borough facilities, grounds, or other resources at risk of damage or destruction.
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to the penalty as stated in Chapter 1, General Provisions, Article III, General Penalty Provisions, of this Code, or other state codes.