[Adopted 7-16-2018 by Ord. No. 2018-16; amended in its entirety 7-10-2023 by Ord. No. 2023-21]
The Town Plaza is a publicly owned space which is managed and operated by the Borough of Metuchen. It is the intent of the Borough that the Town Plaza is a welcoming, safe, flexible, public gathering space for residents and visitors to downtown Metuchen. The Borough promotes the use of the Plaza for events where all of the public is welcome to attend. Formal events as defined herein as "special events" require a use permit to be issued by the Borough of Metuchen as provided for herein. The Town Plaza is not available for private events where members of the public are excluded, or an admission is charged. The Town Plaza is not available for private events, including, but not limited to, weddings, birthday parties or any other private event. In order to preserve the ability of all members of the public to have free access to the Metuchen Town Plaza, the Metuchen Plaza is limited to the use for events by the Borough of Metuchen or Borough of Metuchen commission-/committee-/board-sponsored events, the Metuchen Downtown Alliance and the Metuchen Farmers Market. In addition to the requirements contained herein, the Metuchen commission-/committee-sponsored events, the Metuchen Downtown Alliance, and Metuchen Farmers Market seeking to conduct a special event at the Metuchen Town Plaza shall also comply with all of the requirements and conditions of Chapter 75 of the Code of the Borough of Metuchen.
The Town Plaza shall be open daily to the public for informal
and scheduled events from 7:00 a.m. to 10:00 p.m. All Town Plaza events,
both scheduled and/or informal, must be open to the public, free of
charge, and not on an invitation only or restricted basis. Access
to and through the Plaza must be maintained at all times, including
during setup and cleanup for an event. Sidewalk and tenant access
must also be maintained at all times.
A.
No person in the Town Plaza shall:
(1)
Willfully mark, deface, disfigure, injure, tamper with or displace
or remove any tables, benches, pavings or paving materials, or appurtenances
thereof, signs, notices or placards, whether temporary or permanent,
monuments, stakes, posts, or other boundary markers, or other structures
or equipment, facilities or Plaza property or appurtenances whatsoever
either real or personal. Plaza tables and chairs should not be stacked
on top of each other.
(2)
Dig or remove any soil, rock, sand, stones, pavers, trees, shrubs
or plants or other wood or materials or make any excavation by tool,
equipment, blasting or other means or agency.
(3)
Construct or erect any structures of whatever kind, whether permanent
or temporary, or run or string any public service utility into, upon
or across such lands, except on special written permit issued hereunder.
(4)
Damage, carve, transplant or remove any tree or plant or injure the
bark, or pick flowers or seed of any tree or plant, dig in or otherwise
disturb grass areas or in any other way injure the natural beauty
or usefulness of any Plaza area.
(5)
Climb any tree or walk, stand or sit upon monuments, vases, planters,
fountains, railings, fences or upon any other property not designated
or customarily used for such purposes.
(6)
Tie or hitch any animal or leash to any tree, plant or bench.
(7)
Throw, discharge or otherwise place or cause to be placed in the
waters of any fountain, storm sewer or drain flowing into such water
any substance, matter or thing, liquid or solid, which will or may
result in the pollution of the waters.
(8)
Have brought in or shall dump in, deposit or leave any bottles, broken
glass, paper, boxes, cans, dirt, rubbish, waste, garbage or refuse
or other trash. No such refuse or trash shall be left anywhere on
the Plaza but shall be placed in the proper receptacles where these
are provided. Where receptacles are not provided, all such rubbish
or waste shall be carried away from the Plaza by the person responsible
for its presence and properly disposed of elsewhere.
(9)
Leave a bicycle in a place other than a bicycle rack or dock when
such is provided and there is space available.
(10)
Leave a bicycle lying on the ground or paving or set against
trees or in any place or position where other persons may trip over
or be injured by them.
(11)
Set up tents, canopies or any other temporary shelter unless
specifically permitted to do so by the Borough as set forth in this
chapter.
(12)
Take part in or abet the playing of any games involving thrown
or otherwise propelled objects that could cause a risk or danger to
other occupants of the Plaza, including handball or ball throwing.
(13)
Ride a bicycle, skateboard, scooter or horse, roller skate,
roller blade and/or hoverboard through the Plaza. Walking a bicycle,
skateboard, scooter, hoverboard through the Plaza is permitted. Exceptions
to the herein may be made for Borough-related safety events, i.e.,
safety demonstrations performed by the Metuchen Police Department
or groups like Bike Walk Metuchen.
(14)
Bring or possess alcoholic beverages with an intent to consume
the same within the Plaza, or to publicly consume alcohol, with the
exception being when a permitted special event takes place with the
required security, the required State of New Jersey Division of Alcoholic
Beverage Control and Borough permits and insurance coverage is provided.
All events where alcohol is served shall be in full compliance with
the New Jersey Division of Alcoholic Beverage Control rules and regulations.
(15)
Drive or park a vehicle onto the Plaza. Vehicles are only permitted
onto the Plaza for purposes of loading and unloading and only after
all necessary safety precautions are established during said times.
Vehicles are not permitted to idle while on the Plaza.
(16)
Permit a pet to walk or run in or on the Plaza without a leash.
All persons walking a pet must clean up after all pets.
(17)
Have in their possession, or set or otherwise cause to explode
or discharge or burn, any firecrackers, torpedo rockets or other fireworks,
firecrackers or explosives of inflammable material or discharge them
or throw them into any such areas from lands or highways adjacent
thereto. This prohibition includes any substance, compound, mixture
or article that in conjunction with another substance or compound
would be dangerous from any of the foregoing standpoints. At the discretion
of the Borough Administrator permits may be given for conducting properly
supervised fireworks in designated Town Plaza areas.
(18)
Build or attempt to build a fire. Fire pits are not permitted.
No person shall drop, throw or otherwise scatter burning cigarettes
or cigars, tobacco paper or other inflammable material within the
Plaza.
(19)
Enter an area of the Plaza posted as "closed to the public,"
nor shall any person use or abet in the use of any area in violation
of posted notices.
(20)
Gamble, or participate in or abet any game of chance, except
in such areas and under such regulations as may be licensed and permitted
by the Borough Administrator.
(21)
Sleep or protractedly lounge on the seats or benches or other
areas or engage in loud, boisterous, threatening, abusive, insulting
or indecent language or engage in any disorderly conduct or behavior
tending to breach the public peace.
(22)
Fail to produce and exhibit any permit issued from the Borough
claimed to have upon request of any authorized person who shall desire
to inspect the same for the purpose of enforcing compliance with any
ordinance or rule.
(23)
Disturb or interfere unreasonably with any person or party occupying
any area or participating in any activity under the authority of a
permit issued by the Borough.
(24)
Expose or offer for sale any article or thing, nor shall station
or place any stand, cart or vehicle for the transportation, sale or
display of any such article or thing. Exception is here made as to
any regularly licensed concessionaire acting by and under the authority
and regulation of the Borough.
(25)
Paste, glue, tack or otherwise post any sign, placard, advertisement
or inscription whatever, nor shall any person erect or cause to be
erected any sign whatsoever on Plaza without specific authorization
to do so. Signs belonging to stores, offices or retailers located
on the Plaza must only be displayed in front of the business and no
place else on the Plaza.
A group or gathering of 50 or more persons shall constitute
a special event requiring a permit to be issued by the Borough for
the use of the Town Plaza. No group of 50 or more persons shall utilize
the Town Plaza for an event, gathering or outing without first having
obtained a use permit in advance from the Borough. Permits are not
required by individuals using the Plaza for casual, informal gatherings.
Adult supervision of children's groups requiring a permit is required
at all times. No person shall call or hold any public meeting or give
any concert or entertainment of any kind or erect any structure, stand,
tent, or platform, utilize any loudspeaker, public address system,
or amplifier except by the specific written authority of the Borough,
as authorized by permit. Although all events shall be opened to the
public, no other organized group or persons other than the one holding
the use permit shall interfere with permit holder's use of the Town
Plaza during the time covered by the permit issued by the Borough.
All permits that are granted must be produced upon demand.
A.
All permits for the Town Plaza shall be approved by the Borough Administrator
in consultation and approval of the Chief of Police or their designee,
Fire Chief or his designee, and/or the Superintendent of Public Works
or their designee as deemed necessary by the Borough Administrator.
The issuance of use permits of the Metuchen Town Plaza shall be limited
to Metuchen commission-/committee-sponsored events, the Metuchen Downtown
Alliance and the Metuchen Farmers Market.
B.
Permits for special events in the Town Plaza shall be obtained by
application to the Borough Clerk in accordance with the following
procedure:
(1)
An organization, entity, Borough commission, Borough committee or
Borough board seeking issuance of a permit hereunder shall file an
application with the Borough Clerk providing:
(a)
The name and address of the applicant.
(b)
The name and address of the person, persons, corporation or
association of the activity and event for which is being sponsored
for, if any.
(c)
The day and hours for which the permit is desired and the type
of event planned.
(d)
The estimated size and number of attendees of the event.
(e)
A detailed map of the Plaza must be submitted showing the desired
area or location in the Town Plaza sought to be used for the event
and a detailed description of all equipment, vendors, vehicles and
associated items for use during the event.
(f)
Any other information which the Borough Administrator, Borough
Clerk, Police Chief, Fire Chief and/or the Director of Public Works
shall find reasonably necessary to a fair determination as to whether
a permit should be issued hereunder.
(2)
Applicants for a permit for a special event in the Metuchen Town Plaza shall also be required to comply with all of the requirements set forth in Chapter 75 of the Borough Code.
(3)
In addition to the completed application, an organization, entity,
Borough commission, Borough committee or Borough board seeking issuance
of a permit hereunder shall also provide the following:
(a)
A security deposit in the amount of $500 made payable to the
"Borough of Metuchen," unless waived by the Borough Administrator.
(b)
Adequate insurance information demonstrating that it will provide
the Borough with a certificate of liability insurance and additional
insured endorsement, such information shall also state the specific
dates and limits of coverage.
(4)
Application for a permit for an event can be submitted up to one
year in advance of the event date. Date selection will not be transferred
upon request after approval is provided. All applications for a permit
for an event shall be submitted no later than 60 days prior to the
requested use.
(5)
Rain dates will not be held in addition to the requested event date
for all events. Requests can be made for one rain date, in addition
to the scheduled event date. The Borough Administrator will decide
if a rain date can be approved on a case-by-case basis.
(6)
Applicants shall not advertise or promote, either in printed, digital
or electronic format on the internet and/or social media platforms
prior to obtaining a Metuchen Town Plaza special events permit. Premature
advertising and/or promotion may be sole grounds for denial of the
permit.
(7)
Standards for issuance of a use permit by the Borough Administrator
shall include the following findings:
(a)
That the proposed activity or use of the Town Plaza will not
unreasonably interfere with or detract from the general public enjoyment
of the Town Plaza.
(b)
That the proposed activity and use will not unreasonably interfere
with or detract from the promotion of public health, welfare, safety
and recreation.
(c)
That the proposed activity or uses that are reasonably anticipated
will not include violence, crime or disorderly conduct.
(d)
That the proposed activity will not entail extraordinary or
burdensome expense or police operation by the Borough.
(e)
That the proposed activity will not result in a breach of this
article, another ordinance, or law, or may be adverse to the public
interest, to public health and/or safety, or the protection of persons
and/or property.
(f)
That the Town Plaza or portions thereof desired have not been
reserved for other use at the date and hour requested in the application.
(g)
That the proposed activity or use of the Town Plaza will not
unreasonably interfere or conflict with a Borough event, or Borough-sponsored
event, whether at the Metuchen Town Plaza or some other location within
the Borough. Borough events and Borough-sponsored events shall have
priority over all applications for use of the Metuchen Town Plaza.
(8)
The office of the Borough Clerk shall maintain a final schedule of
events which have received approval for a use permit as well as a
proposed schedule of applications pending approval. Borough Events
and events sponsored by the Borough shall have a preference over all
other requests.
(9)
The Borough Administrator may approve a permit with modifications
or special conditions as the Borough Administrator deems necessary
under the circumstances. Some examples of the conditions which the
Borough Administrator may require at the applicant's sole cost and
expense include, but are not limited to, the provision of on-site
event security coverage or traffic control which must be provided
by the Metuchen Police Department and/or portable bathrooms for the
event.
(10)
Appeal.
(a)
Within five days after the receipt of the denial for a permit
any aggrieved organization, entity, Borough commission, committee
or board shall have the right to appeal to the Mayor and Council President
by submitting a formal written request. The Mayor and Council President
shall consider the request for an appeal and shall provide the applicant
with a decision, in writing, no later than 14 days in advance of the
proposed date for the special event.
(b)
In considering the request for appeal, the Borough officials
may request further information from the applicant or from any other
person, organization or entity.
(c)
In addition to the criteria set forth in § 124-19B(3), the following will be considered in the review of the request to appeal:
[1]
A report of the Borough Administrator or other Borough official
providing for the reasons for the denial and any information provided
by the applicant;
[2]
Whether the application form and/or the information provided
by the applicant was complete and accurate;
[3]
Whether the applicant is able to provide the Borough with the
adequate protection for the public health, safety, welfare and protection
of property.
(d)
The decision of the Mayor and Council President shall be final.
(11)
Notwithstanding any other section, the Borough shall refuse
to issue a permit if the Finance Department notes that the applicant
or any principal, director or officer of the applicant and/or the
sponsored entity has an outstanding and unpaid debt to the Borough,
including a debt relating to a special event regardless of whether
such debt was incurred through another organization or legal entity
in relation to a special event.
(12)
A permittee shall be bound by all Borough rules and regulations
and all applicable ordinances fully as though the same were inserted
in the permits.
(13)
The organization and/or entity to whom the permit is issued
or for whom the event is sponsored 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/or sponsored. The Borough Administrator shall have the right to
require any permittee to submit evidence of liability insurance covering
injuries to members of the general public arising out of such permitted
activities in such amounts as may be from time to time determined
by the Borough prior to the commencement of any activity or issuance
of any permit.
(14)
Revocation. The Borough Administrator, and/or the Chief of Police
or their designee shall have the authority to revoke a permit if there
is reasonable grounds to believe that the holding or continuation
of the special event:
C.
To the extent permissible, in the case of a revocation prior to the
date and time of the proposed event, the Borough official shall immediately
inform the permit holder or the permit representatives of the revocation
and the reasons for it by means of contacting the permit holder at
the address or at the telephone number provided in the permit application.
Nothing herein shall limit the Borough's right to revoke a permit
during the course of the event if determined by the Borough official
that the above criteria apply. In such a case, the Borough official
shall immediately advise the designated supervisor of the event of
the revocation and the event shall be immediately terminated and the
organization, entity, and/or the sponsored entity shall forfeit its
deposit.
A.
There shall be a permit application fee of $100 for the use of the
Town Plaza. The permit fee may be waived for the Borough commission-,
Borough committee- or Borough board-sponsored events, the Metuchen
Downtown Alliance, and/or the Metuchen Farmer's Market.
B.
A security deposit of $500 in the form of a check made payable to
the "Borough of Metuchen" shall be submitted with the application
for a use permit. The security deposit shall be refunded, without
interest, to the applicant within 30 days of the event date with any
deductions made for any damage and/or failure to comply with cleanup
policies after an event. The required security deposit may be waived
by the Borough Administrator.
C.
No permit shall be issued for the use of the Town Plaza unless the
applicant shall provide the Borough with satisfactory proof of the
following:
A.
Any organization, entity, Borough commission, Borough committee or
Borough board and/or the sponsored entity utilizing the Town Plaza
shall be solely responsible for cleaning up the Town Plaza during
and upon the conclusion of an event, whether formal or informal. The
Department of Public Works of the Borough of Metuchen shall not be
responsible for the cleanup or maintenance of the Town Plaza both
during and after an event. Any organization, entity, Borough commission,
Borough committee or Borough board and/or the sponsored entity utilizing
the Town Plaza is also responsible for moving Plaza furniture, to
the extent necessary and approved by permit for their event. Do not
stack Plaza tables and chairs on top of each other. Upon the conclusion
of the event, any organization, entity, Borough commission, Borough
committee or Borough board and/or the sponsored entity utilizing the
Town's Plaza shall return all of the Plaza furniture to its original
location. Failure to maintain, clean up and/or return Plaza furniture
will result in the loss or deduction of the security deposit.
B.
Permittees, upon approval by the Borough, are allowed to utilize
the electrical outlets available in the planting beds, and those located
throughout the Plaza. Unless, specifically authorized, permittee shall
not utilize an extraordinary amount of electricity for or during any
event.
C.
Any tent or canopy utilized in the Town Plaza must be properly weighted
for wind resistance. Tents or canopies greater than 10 feet by 10
feet must be weighted with concrete. Spikes cannot be hammered into
the Plaza surface to secure tents, canopies or other equipment. The
Plaza surface cannot be damaged or altered in any way whatsoever.
Permittees and/or occupants of the Plaza will be responsible for any
damage to the Plaza sustained during an event, whether scheduled or
informal.
D.
All applicants for a permit must agree to be responsible for indemnifying
and holding harmless both the Borough of Metuchen, its officers, employees,
agents and representatives from any claim whatsoever arising out of,
or in connection with, the use of the Town Plaza in order to obtain
a use permit.
E.
It shall be the applicant, the permittee and/or the sponsored entity's
sole responsibility, at its sole cost and expense, to obtain all necessary
inspections, permits and approvals for the proposed event to comply
with all state, county or local regulations. Applicant must provide
to the Borough copies of all necessary permits issued prior to receiving
the Town Plaza event use permit. The Borough reserves the right to
impose further conditions upon the use permit in the event that necessary
approvals are not provided.
F.
If the permittee and/or the sponsored entity leaves any item(s) at
the Plaza after the completion of the event breakdown and/or load-out,
permittee and/or the sponsored entity will be charged a minimum of
$100 per day for storage, including the hourly rates set forth below
for the transportation of the item(s).
G.
Additional fees may be deemed necessary by the Borough of Metuchen
based upon the nature and/or size of item(s) left on-site and all
security deposit funds will be forfeited. Items may be held at Metuchen
DPW for pickup for a reasonable period of time. However, under no
circumstances shall the Borough of Metuchen, its employees, officials,
agents or representatives be held responsible for the removal or liable
for any damage to items left on the premises after the prescribed
permit hours.
H.
Repairs for damages, maintenance and/or cleanup shall be calculated
at a minimum of $65 per man-hour plus the cost of materials. Additional
costs may be deemed necessary by the Borough based upon the nature
of repairs and/or replacements. Failure to pay within 30 days will
require forfeit of the deposit. In the event that the security deposit
is insufficient to cover the costs to the Borough and the permittee
and/or the sponsored entity fails to make a timely payment therefor,
an action by Borough to recover the fees will be instituted and the
permittee and/or the sponsored entity will be responsible for all
collection costs, including attorneys' fees, and disqualification
from consideration for issuance of future permits.
A.
Cancellation of any event, after a permit is issued, must be provided
to the Borough Administrator, in writing. Cancellations of events
received more than 60 days in advance may be rescheduled within 365
days of cancellation date upon the submission of a written request
and approval by the Borough Administrator without an adverse consequence.
If the cancellation occurs 30 days or less before the date of the
event, the permittee must submit a new application for a use permit.
Any applicant seeking a permit shall notify the Borough, in writing,
in the event that the event for which the party seeks a permit is
cancelled or a permit is no longer sought. Repeated cancellations
shall be considered as negative criteria in considering future requests
for use permits.
B.
Rain dates and requests therefor shall be governed by § 124-19B(5) above.
A.
The Borough Administrator, Police Chief, Fire Chief or their designee,
and/or the Superintendent of Public Works or their designee and all
members of the Metuchen Police Department shall, in connection with
their duties imposed by law, diligently enforce the provisions of
this article.
B.
The Borough Administrator, Police Chief, Fire Chief or their designee,
and/or the Superintendent of Public Works or their designee and all
members of the Metuchen Police Department shall have the authority
to eject from the Town Plaza any person or persons acting in violation
of this article.
C.
The Borough Administrator, Police Chief, Fire Chief or their designee,
and/or the Superintendent of Public Works or their designee and all
members of the Metuchen Police Department shall have the authority
to seize and confiscate any property, thing or device in the Town
Plaza used in violation of this article.
Any person, persons, organization, entity or group violating any of the provisions of this article or any rule or regulation promulgated pursuant hereto, shall upon conviction be subject to penalties as provided in Chapter 1, General Provisions, Article 1.
Each section, subsection, sentence, clause and phrase of this
article is declared to be an independent section, subsection, sentence,
clause and phrase, and the finding or holding of any such portion
of this article to be unconstitutional, void, or ineffective for any
cause, or reason, shall not affect any other portion of this article.
This article shall be in full force and effect from and after
its adoption and any publication as may be required by law.
