[HISTORY: Adopted by the Mayor and Council of the Township
of Clinton 4-26-2023 by Ord. No. 1181-2023. Amendments noted where applicable.]
The purpose and intent of this chapter is to clarify when and
where special events, as defined herein, may be held within the Township
of Clinton and to establish a review process to ensure that the public
health, safety and welfare will be protected and all necessary permits
obtained.
As used in this chapter, the following terms shall have the
meanings indicated:
Any type of commercial or fund-raising event, e.g., concert,
race, parade, walkathon, fair, carnival, festival, celebration, balloon
festival, bicycle race, running event, show, or other similar special
event in or upon any public grounds or private property, park or road
of the Township; and/or
Any event that is likely to involve or require the expenditure
of Township resources in the form of the Police Department, Fire Department,
Department of Public Works, Recreation Department, Building Department
and/or emergency medical services; and/or
Any event that involves the closing of a public street; the
blocking or restriction of access to public property; the sale of
merchandise, food, or beverages on public property or on private property
where otherwise prohibited by ordinance; the installation of a stage,
band shell, trailer, van, portable building, grandstand, or bleachers
on public property or on private property where otherwise prohibited
by ordinance; the placement of portable toilets on public property
or on private property where otherwise prohibited by ordinance; or
the placement of temporary "no parking" signs on a public right-of-way.
A.
Special event permit. No person or organization shall hold any type of special event, as defined herein, without first obtaining a special event permit from the Township Clerk in accordance with § 126-4 below.
B.
Exemptions. The following shall be exempt from the requirements of
this chapter:
(1)
Events or activities conducted by a governmental agency acting within
the scope of its functions.
(2)
Events sponsored by the Township of Clinton.
(3)
Events sponsored by the Clinton Township School District, the North
Hunterdon-Voorhees Regional High School District, the Hunterdon County
Vocational School District, and/or any volunteer emergency services
company of the Township of Clinton, provided that:
(4)
Noncommercial private parties, celebrations, gatherings and other
events, provided that:
A.
Application form. A person or organization seeking the issuance of
a special event permit shall file an application with the Township
Clerk on forms provided by the Clerk.
B.
Filing deadline. Any application for a special event permit shall
be filed at least 45 days prior to the scheduled date of the event,
except that the Township Clerk and Chief of Police, for good cause
shown, shall have the discretion to accept an application that is
filed less than 45 days prior to the event.
C.
Application fee.
(1)
The application fee for a special event permit shall be $100. This
fee is nonrefundable and shall be used to reimburse the Township for
its administrative costs in processing the application.
(2)
The above fee shall be reduced by 50% if:
(a)
The event is being sponsored by a verified nonprofit organization
as defined by the statutes of the State of New Jersey or Section 501(c)(3)
of the Internal Revenue Code; or
(b)
The event is a private event for the residents of a specific
block or neighborhood, is not open to the general public, and will
not involve the closure of more than one public street.
D.
Other charges. In addition to the nonrefundable application fee, permittees shall be responsible for any costs established pursuant to § 126-5C below.
E.
Contents. The application for a special event permit, at a minimum,
shall contain the following information:
(1)
The name, address, telephone number and email address of the person
requesting the permit.
(2)
The name, address, telephone number and email address of the person,
persons, corporation, or association sponsoring the activity.
(3)
The name, address, telephone number and email address of the person
or persons overseeing the special event and responsible for the conduct
thereof, including a mobile telephone number where that person may
be reached during the event.
(4)
The location of the event for which the permit is sought.
(5)
A detailed description of the proposed event and a sketch showing
the area or route to be used, along with proposed structures, tents,
fences, barricades, signs, banners, and restroom facilities, more
commonly referred to as a "footprint."
(6)
The date(s) and hours for which the permit is sought, including any
"rain" dates, if applicable.
(7)
Whether any music or other entertainment will be provided, either
live or recorded, whether the music or other entertainment will be
amplified, whether it will be conducted indoors or outdoors, the hours
during which it will be conducted, and what types of sound attenuation
measures will be employed, if any.
(8)
Whether any food or beverages (alcoholic or nonalcoholic) will be
served.
(9)
Whether any police or emergency services will be required.
(10)
The purpose of the event, the estimated number of persons to
participate and otherwise attend, and the plans for parking of all
vehicles.
(11)
Complete details as to how the applicant intends to provide
for security and traffic control (subject to review and recommendation
of the Chief of Police).
(12)
Whether an admission fee will be charged.
(13)
The number and location of any sanitary facilities that will
be provided, if applicable.
(14)
The provisions that will be made for trash and recycling.
(15)
The method of notifying participants of the terms and conditions
of the special event.
(16)
An acknowledgment that, if the permit is issued, the applicant
will:
(17)
Such other information as the Chief of Police may deem necessary
in order to properly provide for traffic control, street and property
maintenance and the protection of the public health, safety and welfare.
A.
Procedure. Upon the filing of a complete application and payment
of the application fee, the Township Clerk shall promptly transmit
the application to the Chief of Police, who shall review the application
for compliance with the standards and criteria below. In conducting
this review, the Chief shall also obtain the input of the Zoning Officer,
Construction Code Official, Fire Official, Public Works Director,
and any other staff member or official as may be necessary or applicable
to determine compliance with the requirements of this chapter.
B.
Standards and requirements.
(1)
When considering whether to approve a special event permit application,
the Chief of Police shall take the following into consideration, based
on his or her own judgment and the recommendations of other applicable
Township officials:
(a)
The proposed event's impact on the public health, public
safety and general welfare of the public.
(b)
The impact of the proposed event on the public's enjoyment
of the Township's amenities, if applicable.
(c)
The impact of the proposed special event on the Township's
resources and/or services.
(d)
Whether or not the proposed event will unreasonably interfere
with the public's use of the streets and sidewalks and private
properties and can be conducted in a safe manner.
(e)
Whether or not the proposed event will conflict with another
proposed or scheduled special event, including events sponsored by
the Township of Clinton, the Clinton Township Board of Education,
and/or emergency volunteer services of the Township of Clinton, in
such a fashion that the Township's Police Department and/or other
departments would have insufficient resources to adequately provide
for the public safety of the community.
(f)
Whether or not there will be a sufficient number of ambulances,
emergency service and firefighting equipment and the attendant personnel
designated for the special event, and the conduct of the event will
require the diversion of such a quantity of ambulances, emergency
service, firefighting equipment or related personnel as to prevent
normal ambulance, emergency, or firefighting service for the rest
of the Township during the event. The applicant will consult with
and comply with any recommendations of the chiefs of all applicable
fire companies and emergency service organizations with primary responsibility
for serving the portion of the Township in which the event will be
taking place.
(g)
Whether or not the special event will have an adverse impact
on the health, safety or welfare of the neighborhood or the Township.
(h)
Whether or not adequate parking will be provided.
(i)
Whether or not adequate sanitary facilities will be provided.
(j)
The Chief of Police shall not consider the content of the speech,
actions or event in reaching her or his decision on whether to grant
the permit or to incorporate any conditions, unless the Township Attorney
first determines that such conditions meet a strict scrutiny test
in conformance with the United States Constitution and the Constitution
of the State of New Jersey and there is a compelling public interest
in imposing such stipulations.
(2)
Limitation on number of events. Not more than five days of special
events may be held on a property during a single calendar year.
(3)
Outstanding violations, fines and penalties. A permit shall be denied
if there are any outstanding zoning, construction or fire code violations
against the property on which the event will be taking place, including
unpaid fines or penalties assessed for such violations, or if there
are unpaid taxes for the property in question.
C.
Conditions.
(1)
Any permit issued under this chapter may contain conditions reasonably
calculated to reduce or minimize dangers and hazards to vehicular
or pedestrian traffic and the public health, safety and welfare, including
but not limited to changes in the date, time, duration or number of
participants as requested by the applicant. Additional conditions
may include, but not be limited to:
(a)
Conditions for the applicant's provision of refuse collection
receptacles and portable restrooms for attendees.
(b)
If the special event will be taking place in a residential area,
requirements for providing notice to adjacent residents of the special
event.
(c)
Sound attenuation measures, if the event will include amplified
music.
(2)
For the purposes of public safety and welfare, the Chief of Police
may order the temporary closing of streets and/or the temporary prohibition
of parking along same during the event and shall direct the posting
of proper warning signs in connection with said event, as provided
by law.
(3)
Additionally, if the Chief of Police indicates that additional police
officers shall be made available for the purpose of preserving the
public health, safety and welfare during the course of the event,
the permittee shall deposit in advance of the holding of the event
a sum of money to be determined by the Chief to pay in full for all
police services which the Chief deems necessary in connection with
the event, which shall be based on the extra-duty rate then in effect.
After the conclusion of the event, if additional costs are incurred
for the purpose of providing police protection, the holder of the
permit shall be required to pay to the municipality the additional
funds within 14 days of notification by the municipality as to the
exact figure due. In the event that the sum of money so deposited
in advance exceeds the funds needed to pay for actual police protection,
the municipality shall refund any excess deposit within 14 days after
the holding of the event.
D.
Post-event cleanup. Any special event permit granted pursuant to
this chapter shall contain a guarantee from the applicant that the
areas used for the special event shall be cleaned up as soon after
the conclusion of the special event as is reasonably possible. This
cleanup shall include, but not be limited to, such items as refreshments,
signage and any litter or debris generated from the special event.
E.
Compliance; liability. The permittee shall be bound by all applicable
Township ordinances, rules, and regulations; shall be liable for all
loss, damage, or injury sustained by any person whatever by reason
of the negligence of the person or persons to whom such permit shall
have been issued; and shall be responsible for all additional costs
incurred in the event that, as a result of this activity, additional
resources are needed, such as but not limited to manpower and/or equipment.
F.
Insurance and indemnification. The permittee shall agree, in writing,
to indemnify and hold harmless the Township, its servants, agents
and employees for any and all claims caused by or arising out of the
activity covered in the permit. Further, the holder of the permit
shall present to the Chief of Police an insurance policy, in a form
acceptable to the Chief, which will provide for indemnification as
aforementioned.
G.
Other permits or outside approvals. The issuance of a permit pursuant
to this chapter shall not excuse the applicant from securing all other
approvals or permits that may be required from any other governmental
agency having jurisdiction over the event, including, but not limited
to, the Township Construction Official, Township Fire Official, Hunterdon
County Board of Health, New Jersey Division of Alcoholic Beverage
Control, and New Jersey Department of Environmental Protection.
A.
The Township shall approve or deny the application for a special
events permit no later than 14 days after the filing thereof and shall,
within such time, notify the applicant of its action and, in the event
of a denial of the permit, the reasons for the denial.
B.
Any applicant aggrieved by the denial of a special events permit
shall have the right to appeal the denial to the Township Mayor and
Council. Such appeal shall be submitted, in writing, within three
days after notice of denial. The Mayor and Council shall act upon
the appeal as soon as practicable after receiving notice of the appeal.
Alternatively, the applicant may seek redress in a court of competent
jurisdiction, and the failure to appeal to the Mayor and Council shall
in no way affect the ability to seek redress in court.
The Chief of Police shall have the authority to revoke a permit
upon a finding of violation of any rule or ordinance or upon good
cause shown.
Any person or organization found to be in violation of the requirements of this chapter shall, in addition to revocation of any permit issued, be subject to the penalties set forth in § 1-17 of this Code.
A.
The Chief of Police and other authorized personnel shall, in connection
with their duties imposed by law, diligently enforce the provisions
of this chapter.
B.
The Chief of Police and other authorized personnel shall have the
authority to eject from the special event area any person or person
acting in violation of this chapter.
C.
The Chief of Police and any other authorized personnel shall have
the authority to seize and confiscate any property, thing, or device
used in violation of this chapter.
