[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:
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.
Any person or organization that conducts, manages, promotes,
organizes, aids or solicits attendance at a commercial or noncommercial
special event.
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.
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.
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:
The closing of public streets or public rights-of-way which
increase traffic congestion and create parking problems;
Installation or construction of temporary structures;
Requires extraordinary services by any Borough department;
Hours of the event extend beyond those otherwise adopted in
Borough ordinances.
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.
(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.
