[HISTORY: Adopted by the Mayor and Council
of the Borough of Metuchen 9-15-1997 by Ord. No. 97-20; amended in its entirety 6-26-2023 by Ord. No. 2023-19.[1] Subsequent amendments noted where applicable.]
[1]
Editor's Note: This ordinance also renamed this chapter, previously
"Circuses and Carnivals."
The purpose of the within article is to establish special event
approval procedures and fees to remediate the impact of such events,
and it shall be construed to secure the beneficial interests and purposes
thereof, which include public safety, health and general welfare through
structural strength, stability, sanitation and safety to life and
property from fire and other hazards incidental to the congregation
of persons at special events. This article shall ensure that special
events do not create disturbances, become nuisances, menace or threaten
life, health, and property, obstruct or disrupt, or cause undue, traffic
or threaten or damage public property. It is not the intent of this
article to regulate in any manner the content of speech or infringe
upon the right to assemble, except for the time, place and manner
of speech and assembly, and this article should not be interpreted
nor construed otherwise.
As used in this article, the following terms shall have the
meanings indicated:
The cost of providing municipal services, such as public
safety and sanitation, in excess of those services and facilities
typically provided by the municipality to all other residents.
The person or group sponsoring or organizing a special event
and applying for a special event approval as required under this article.
Includes a transient outdoor show or exhibition conducted
in a temporary structure, composed wholly or partly of canvas, vinyl
or similar material, as a place of amusement or recreation or for
any other similar public assemblage in which is conducted, operated
or permitted games of chance, skill or partly chance or skill; or
wherein goods are given or awarded to persons paying a consideration
for a chance or opportunity to win or secure the same as a prize or
award; or where concession stands or amusement stands are operated,
conducted or maintained.
Includes a transient show or exhibition typically conducted
in a temporary structure, composed wholly or partly of canvas, vinyl
or similar material, in which are displayed or exhibited for the amusement
or recreation of the general public feats of horsemanship, tumbling,
acrobatics and feats of human skill and daring, together with feats
of highly trained or unusually skilled animals, either alone or in
concert with their tamers, trainers or keepers, as permitted by law,
and the performances of those persons garbed or dressed and made up
in the costumes and makeup commonly or generally associated with circus
clowns. Circuses shall not be permitted within the Borough of Metuchen.
Above-base service costs for municipal services charged by
the Borough to an applicant in conjunction with a special event permitted
under this article.
A public assembly, a meeting or gathering, a rally or protest
event, a political rally or event, speechmaking, marching, the holding
of vigils, and all other like forms of conduct, the primary purposes
of which is expressive activity or the communication or expression
of views or grievances, that: 1) is engaged in by less than 50 persons;
or 2) will not occur upon any Borough property, including a street,
sidewalk, park or alley, without compliance with the normal and customary
traffic regulations or controls governing such places (for example,
do not require street, or sidewalk closure or traffic diversion);
(which event meeting one or more of these characteristics shall be
deemed a special event). The term "demonstration" shall not mean the
casual use of Borough property which does not have an intent or propensity
to draw a crowd of onlookers.
A common facility or area where several farmers or growers
gather on a regular, recurring basis to sell a variety of fresh fruits
and vegetables or other locally grown farm products directly to consumers.
Expressive and associative activity that is protected by
the United States Constitution and/or the New Jersey Constitution,
including, but not limited to, speech, press, assembly, and/or the
right to petition, for example, but not by way of limitation, a march,
an assembly in support of or opposition to a political or social issue,
or a vigil, excluding commercial activities.
An open market, usually held outdoors where a variety of
goods are sold, including jewelry, household goods, food and other
inexpensive items.
An organization or entity which has been duly established
and operates in accordance with the New Jersey Nonprofit Corporation
Act, N.J.S.A. 15A:1-1 et seq., or a similar entity which has been
organized under the laws of a jurisdiction other than the State of
New Jersey (defined as a "foreign corporation" under N.J.S.A. 15A:1-2f)
and which may have obtained federal tax-exempt status under Section
501(c) of the Federal (IRS) Tax Code.
Organized public procession on a festive or ceremonial occasion;
to march or walk in a procession.
A competition of speed in which participants utilize various
transportation mechanisms to get from one location to another in the
shortest period of time, occurring on a Borough street and/or sidewalk;
these transportation mechanisms may include, but are not limited to,
bicycles, automobiles, and/or running.
A demonstration and/or First Amendment activity as that term
is defined above.
A noncompetitive race in which participants run and/or walk
from one location to another on a Borough street and/or sidewalk.
A preplanned event or series of events, sponsored by a public
or private person or entity, which is:
Located wholly or partially on property owned or maintained
by the Borough; or
Permissibly located on any other property and requires for its
successful execution the provision and coordination of municipal services
to a degree significantly over and above that which the Borough routinely
provides; or
Any parade or other event, such as a carnival, fair, concert,
exhibition, race, rally, run, walk or walkathon, bicycle race, celebration,
sporting event, farmers market, flea market, bonfire, show, or wedding,
traveling show, or any other type of large event generating a parking
or traffic situation that may interfere with the movement of normal
traffic and/or emergency vehicles, taking place in or upon any street,
park, or other public place, or private property, in the Borough of
Metuchen.
First Amendment activity meeting the above definition of "demonstration"
shall not be considered a special event requiring a permit.
This chapter imposes regulatory requirements on certain activities
which are held on municipal streets, public or private property defined
herein as special events. The requirements imposed by this chapter
do not alter, supersede or nullify any requirements contained in other
statutes, ordinances or regulations which may also regulate these
same activities. These requirements shall be applied in a content-neutral
manner and without discrimination as to race, religion, sex, national
origin, political affiliation or other unlawful discriminatory classification.
This article shall not apply to the following events:
A.
Events occurring inside permanently established, fully enclosed locations,
places of assembly, such as a place of worship, public auditorium,
theater, recreation hall, gym, or other enclosed structure designed
and approved primarily for housing, hosting an event for such a purpose,
provided that the maximum number of persons expected to attend or
in actual attendance does not exceed the maximum capacity of the enclosed
location or wherein the special event is to be located.
B.
Events in conjunction with school-sponsored and school-related events
on school property held in normal course of its operations, which
would include sporting events that include at least half of the participants
to be students of said school, house of worship events on house of
worship property if designed for that use, or government sponsored
public hearings. The within exception shall not apply to the lease,
license or use of the school or house of worship property to or by
a third party.
Any person or organization desiring to hold any special event as defined herein, must first apply for and obtain a special event permit in accordance with the requirements of this article. Any application for a special event sought to occur at the Metuchen Town Plaza must also fully comply with and meet all of the conditions and requirements of Article 3 of Chapter 124 of the Code of the Borough of Metuchen. Permits for block party street closure permits shall be governed by Article 2 below, §§ 75-16 through 75-19.
A.
Any person or organization seeking issuance of a permit hereunder
shall file an application with the Borough Clerk, on a form to be
provided for that purpose, on which form the applicant shall furnish
pertinent information to include, but not be limited to, the following:
(1)
The name, address, email address and telephone number of the applicant.
(2)
The name, address, email address and telephone number of the person
or persons, corporation, organization or association sponsoring and/or
conducting the activities at special event.
(3)
The name, address and telephone number of the person or persons who
will chair the special event and be responsible for the conduct thereof.
If this individual is a participant in the event, then the name, address
and telephone number of a nonparticipant who can be reached during
the event.
(4)
The address of all property upon which the special event is to be
held, together with the name and address of the record owners of such
property. Proof of ownership of all property upon which the special
event is to be held or a statement under oath by the record owner
or owners of all such property for an outdoor special event of 50
people or more for the purpose set forth on the application.
(5)
The specific nature and purpose of the special event, together with
a schedule of all events, activities or acts and examples of the proposed
advertising of the event, if any, together with the names of the performers
who will be performing at the special event.
(6)
A detailed description of the proposed event and a sketch that shows
location of the event, 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." The sketch
or plan of the proposed site, should include the area where the special
event will be situated, the location and routes of ingress and egress,
all proposed parking areas, driveways and roads as they relate to
traffic flow, traffic control and safety measures, fire access lanes
and lanes for other emergency vehicles should be shown on the sketch
or plan.
(7)
The date(s) and hours for which the permit is desired, and proposed
rain date if requested.
(8)
Complete details as to how the applicant intends to provide for security,
traffic control, adequate toilet and other sanitary facilities, site
cleanup, separation of recyclables and disposal of trash and debris
and parking (and in particular, whether any temporary parking areas
will be required). Applicant shall also include the number of staff,
including security personnel.
(9)
The number of attendees, participants, spectators, contestants, admission
tickets to be sold, and/or other people that are reasonably anticipated
to attend the event, as well as the number of the proposed vehicles.
(10)
The plans for sound control and sound amplification, if any, including
the number, location and power of the amplifiers and speakers, together
with the applicant's proposal to confine the sound to the area
of the special event. In addition, provide whether any music will
be either live or recorded or whether any other unusual noise will
accompany the event.
(11)
A detailed description of the Borough's resources or services
that are anticipated to be required to be provided in connection with
the event, police, fire, and/or emergency.
(12)
All required licenses where appropriate, i.e., for alcoholic beverage
consumption or service, use of tents, conducting of raffles, or other
licenses, approvals or permits required to conduct the event.
(13)
The name of the company or firm, address and telephone number which
will provide insurance for indemnification.
(14)
The name, address and telephone number of person(s) responsible for
clean up at the conclusion of the special event.
(15)
Such other information as the Borough Administrator, Chief of Police,
Fire Department and/or Board of Health 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.
(16)
Any applicant claiming status as a nonprofit organization shall be
required to provide the necessary documentation to that effect.
(17)
A nonrefundable application fee in the amount of $100.
B.
Upon verification that the application is complete, the Borough Clerk
shall refer the application to the Borough Administrator and Chief
of Police for preliminary review in accordance with this article.
The Borough Administrator and/or Chief of Police may require the applicant
to supplement its application with any pertinent documentation that
may be of assistance in their review of the application. The Borough
Administrator and/or Chief of Police may also require the applicant
to meet to discuss the proposed special event during the consideration
of whether to issue a permit and/or after the issuance of the permit.
C.
All completed applications must be submitted to the Borough Clerk or his or her designee at least 60 days prior to the desired event, unless the applicant receives a waiver of this requirement from the Mayor and/or Borough Council, or unless the application is for a special event of the type covered by Subsection D below. The Borough reserves the right to reject an application if fees for a prior year's event have not been paid in full or if the applicant is delinquent in payment of any Borough taxes, fines or fees.
D.
Demonstrations and/or First Amendment activities. Applications for
a First Amendment activity not encompassed within the definition of
a "demonstration" shall be processed by the Borough no later than
five business days prior to the date and time the event is proposed
to occur. In order to preserve the health, safety and welfare of the
Borough residents and guests and the general public, the Borough still
requires the receipt of a completed application. If the Borough does
not have the opportunity to complete its review prior to the Borough's
approval under these expedited circumstances, the Borough reserves
the right to modify the authorized duration, route and/or location
of the event based on content neutral public health, safety and welfare
concerns, including, but not limited to, accommodations for pedestrians,
vehicular traffic, staffing availability, and emergency vehicle access.
Notwithstanding anything to the contrary herein, the Borough Administrator
shall have the discretion to waive these time periods, in the interest
of accommodating the free expression of opinion. Such waiver shall
not be unreasonably withheld but can be denied upon a finding that
the Borough would be unable to provide for legitimate health, safety
and traffic concerns. If a waiver is denied, all efforts shall be
made to find alternative avenues for the applicant to reach his or
her intended audience.
E.
Any person or organization seeking issuance of multiple permits throughout
the course of a calendar year are strongly encouraged to and may request
an appointment with the Borough Administrator and Borough Clerk, prior
to and for the submission of an applications to the Borough for more
than one special event permit hereunder. In such a case, the Borough
Administrator shall consider a reduction in the $100 application fee
for each of the special events permits. Otherwise, to the extent that
multiple special event permits are required by said person and/or
organization a separate application fee and all of the requirements
of this chapter shall be met.
F.
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 special events permit. Premature advertising
and/or promotion may be sole grounds for denial of the permit.
A.
The standards for the issuance of a permit pursuant to this article
by the Borough Administrator shall include, but shall not necessarily
be limited to, the following findings:
(1)
That the proposed event will not unreasonably interfere with or detract
from the general public's enjoyment of public parks, facilities,
roadways, or facilities to be utilized.
(2)
That the proposed activity and use will not unreasonably interfere
with or detract from the promotion of public health, welfare, safety,
and recreation.
(3)
That the proposed activity and uses that are reasonably anticipated
will not be likely to include violence, crime or disorderly conduct.
(4)
That the facilities desired have not been reserved for other use
at the date and hour requested in the application.
(5)
That the applicant will maintain premises in the same condition which
existed prior to the event.
B.
The Borough Administrator and/or Chief of Police may consider the
following factors when considering if a special event requires cost
recovery charges and the employment of above-base municipal services
beyond the regularly scheduled shift or the employment of a private
contractor:
(1)
The number of anticipated attendees.
(2)
The size of the geographical area for which this special event requires
municipal services.
(3)
Whether the event historically has, or is likely to, produce an excessive
amount of traffic garbage, trash and litter.
(4)
The proximity of the special event to residential areas or the likelihood
that garbage from a special event will affect residential areas.
(5)
The proximity of the special event to bodies of water or any natural
resource that should be protected from garbage and pollution.
(6)
The likelihood that garbage from the event could constitute a fire
hazard.
(7)
The number of special events, the person and/or organization has
conducted throughout the course of the calendar year.
A.
The Borough Administrator and/or Chief of Police may impose any such
conditions reasonably calculated to reduce or minimize dangers and
hazards to vehicle 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.
B.
Prior to the approval of a permit by the Borough Administrator, the
Chief of Police shall determine whether in his or her judgment the
presence of off-duty Metuchen police officer(s) shall be required
at said special event. If the presence of off-duty police officer(s)
is deemed necessary by the Chief of Police, the applicant shall agree
to pay for such off-duty police officer(s) at the rate of pay established
by the Mayor and Council for off-duty police officers.
C.
For the purpose of public safety and welfare, the Chief of Police
is authorized, with prior notice to the Mayor and Borough Council,
to temporarily close Borough roads or streets for a period of 24 hours
and/or temporarily prohibit parking along the same during the event.
The sponsor(s) of the event shall be responsible for direct notification
located to each residence on the street or roadway to be temporarily
closed or where specific parking prohibitions have been approved by
way of a mailing approved by the Chief of Police.
D.
Where the event will take place and/or will impact the normal flow
of traffic on any street or road, public notice in the form designated
by the Chief of Police shall be developed and approved by the Chief
of Police prior to conducting said event.
A.
All applicants for special event permits shall be required to pay
a nonrefundable application fee, and a $100 permit fee, as well as
all other fees that are determined to be necessary by the Borough
Administrator, in consultation with the Chief of Police and other
appropriate Borough officials and employees depending upon the nature
and extent of the proposed activity. The application fee shall be
due and payable at the time that an application is submitted.
B.
Other fees that may be required include, but are not necessarily
limited to, above-base service costs, including costs associated with
the provision of police and/or fire supervision, emergency and sanitation
services, staffing, use of Borough-owned property and/or use of Borough-owned
vehicles or equipment and the creation and/or use of temporary parking
areas.
C.
Applicants shall be provided with an estimate of required fees by
the Borough Administrator after review of the contents of the application.
All required fees shall be due and payable at least five days prior
to the event. In addition to the fees payable prior to each event,
the applicant shall be required to pay for any and all additional
or unanticipated expenses which were occasioned or become necessary
during or after the special event, as a result of the special event.
The Borough Administrator may waive, some or a portion of the
fees provided for in this chapter upon the written request of any
civic association, charitable association or nonprofit corporation.
The Borough Administrator may consider the following factors when
considering a civic association, charitable organization, and/or nonprofit
corporation's request for waiver of any fee or portions thereof:
A.
Benefit to the residents of Borough of Metuchen from the civic association,
charitable organization, and/or nonprofit corporation's activities.
B.
Benefit to residents of the area from the civic association, charitable
organization, and/or nonprofit corporation's activities.
C.
Amount of money expected to be raised by the civic association, charitable
organization, and/or nonprofit corporation by the activity for which
the waiver is requested.
D.
Percentage of amount raised by the civic association, charitable
organization, and/or nonprofit corporation through the activity for
which the waiver is requested, which is expended on costs and administrative
expenses.
E.
Dollar amount of fees to be waived.
F.
Above-base services of the Borough attributable to the activity for
which the waiver is requested become necessary during or after the
event, as a direct result of the event.
G.
The number events that such civic association, charitable organization,
and/or nonprofit corporation's has conducted over the course
of the calendar year. In the event that more than two special events
have been conducted in a single month, the Borough will not waive
any such fees.
A.
Responsibility.
(1)
It shall be the permit applicant's responsibility to secure
all necessary other permits, licenses and/or approvals which may be
required (i.e., by state, local or other outside agencies), in conjunction
with the proposed event.
(2)
All permit applicants shall assume all risks associated with premature
advertisement of any event prior to the time of issuance of a permit
by the Borough Administrator, as well as any and all other costs which
may have been expended prior to the time of official approval of the
application by the Borough Administrator.
(3)
All permit holders shall be required to abide by all requirements
set forth in the permit, as well as all Borough ordinances, state
statutes (including, but not limited to, the New Jersey Riot Act,
N.J.S.A. 2C:33-1 et seq. and New Jersey's Nosey's Law, N.J.S.A.
23:2A-16, prohibiting the use of wild and exotic animals in traveling
animal acts), and all other rules and regulations which may be applicable
to the special event.
(4)
All permit holders shall be responsible for any and all additional
costs that are incurred as a result of the event, including costs
which may not have been foreseen at the time that the permit was issued
but which becomes necessary, such as costs associated with additional
resources provided by the Borough, including, but not limited to,
manpower and/or equipment costs, police and/or fire supervision, emergency
services, cleanup activities, etc.
(5)
Any personnel provided by the Borough (i.e., police, fire, emergency,
public works or other Borough employees) in connection with any special
event sponsored by an outside party shall not be considered employees
or agents of the outside party.
B.
Liability; performance guarantees/security deposit.
(1)
All permit holders shall be liable for all losses, damages and/or
injuries sustained by any person whatsoever by reason of the special
event or activities associated with the special event.
(2)
The terms of this article shall not be construed as imposing upon
the Borough or its officers or employees any liability or responsibility
for any injury or damage to any person in any way connected to the
use for which the permit was issued. The Borough and its officials
and employees should not be deemed to have assumed any liability or
responsibility by reason of any inspections performed, the issuance
of any permits, or the approval for use of any Borough property or
private property in connection with a permit issued hereunder.
(3)
All permit holders shall assume full responsibility for the acts
and conduct of all attendees, persons admitted to the event by or
with the consent of the permit holder, or of any person acting for
or on behalf of the permit holder.
(4)
If any portion of Borough property or other premises where the event
is held is damaged by the act or omission of the permit holder, or
by the permit holder's agents, employees, patrons, customers,
guests, invitees, attendees, or any other person admitted to the premises
by the permit holder, the permit holder shall be responsible for all
costs associated with restoration of the property or premises to the
condition that existed prior to the occurrence of such damage. The
amount of such damage shall be considered an additional fee.
(5)
A refundable security deposit in the amount of $500, which shall
be posted in the form of cash or by check, or a refundable security
deposit in another amount (also to be posted in the form of cash or
by check) as determined in the sole discretion of the Borough to be
sufficient to cover any damages which may be occasioned as a result
of the special event or to ensure compliance with all terms and conditions
imposed by the Borough Administrator and/or Chief of Police in connection
with issuance of the permit. The refundable security deposit shall
be required to be posted at least 10 days prior to the event.
C.
Insurance coverage.
(1)
All permit holders must submit minimum liability insurance coverage
in an amount to be determined by the Borough Administrator, depending
upon the size and nature of the event planned. The Borough of Metuchen,
its officers, employees, agents and representatives must be named
as additional insured parties on the policy. Proof of said insurance
coverage shall be provided to the Borough at least five days prior
to the event.
(2)
The applicant shall be required to submit to the Borough Clerk, a
certificate of insurance from an insurance company licensed to do
business in New Jersey, in the amount of $2,000,000 of liability per
occurrence, or $1,000,000 of liability per occurrence plus $1,000,000
of umbrella liability per occurrence, naming the Borough of Metuchen
as additional insured for the date of the event.
D.
Indemnification. All permit holders shall defend, indemnify and hold
the Borough of Metuchen, its officers, employees, contractors, agents
and representatives harmless from and against any and all liability
for claims, demands, damages, suits, judgments, fines, losses and
expenses, of any nature, which are sustained as a result of the special
event, and shall execute an indemnification and hold harmless agreement
in a form acceptable to the Borough prior to the event.
All permits issued pursuant to this article shall be temporary
and do not invest any permanent or continuing rights. No permit issued
pursuant to this article shall convey any right, interest or title
in any Borough property to the permit holder. Any permit may be revoked
at any time by the Borough Administrator and/or the Chief of Police
for violation of the conditions for which the permit was issued, or
for violation of any ordinance which relates to the conducting of
the event, for violation of any of the terms of this chapter, or violations
of any other law, regulation, code or Borough Ordinance by the permit
holder, the permit holder's agents, employees, patrons, customers,
guests, invitees, attendees, or any other person admitted and/or when
the event is found not to be in the best interests of the Borough,
or for other good cause shown.
Permits issued for special events shall not be transferrable.
The standards for denial of a permit pursuant to this chapter
shall include, but shall not necessarily be limited to, the following:
A.
That the proposed event will disrupt traffic within the Borough beyond
practical solutions.
B.
That the location of the special event will cause undue hardship
to adjacent property owners.
C.
That the proposed event will require the diversion of so many public
employees that allowing the event would unreasonably deny service
to, or jeopardize the safety of, the remainder of the Borough's
residents.
D.
That the application contains incomplete or inaccurate information,
or that the applicant has failed or refused to provide necessary information
upon request from the Borough.
E.
That the proposed event is not permitted by law, statute, regulation,
code and/or Borough ordinance, or the applicant has failed to demonstrate
that all necessary permits, licenses, permissions have been or may
be secured for the special event and/or activities proposed thereat.
F.
That the application fails to comply with all terms of this chapter,
including the failure to remit all fees or deposits, or the failure
to provide proof of proper liability insurance coverage, or the failure
to execute an indemnification and hold harmless agreement, or the
failure to provide a performance bond or cash security deposit when
required by the Borough Administrator, or for any other violation
of the terms and conditions of this chapter.
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In addition, the Borough may deny the issuance of a special
events permit if an applicant has publicly advertised in print, digital
or electronic format on the internet or on social media platforms,
prior to receiving a special event permit issued by the Borough.
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A.
Within five days after the receipt of the denial for a permit, any
aggrieved person, entity or group 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
or entity.
C.
In addition to the criteria set forth in § 75-13, 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. In
the event that the Mayor and Borough Council President are unable
to agree upon the determination of the appeal, the appeal shall be
submitted to the entire Borough Council for a determination of the
appeal, with the Mayor being able to vote in the case of a tie.
As used in this article, the following terms shall have the
meanings indicated:
A designated area with the public street shall be closed
for a neighborhood party.
A neighborhood block party, celebration or event, but shall
not include a garage sale, yard sale, bazaar, rummage sale having
the principal purpose as revenue generating, fundraising for an individual
or organization, nor shall it include a political meeting or rally,
carnival or theatrical or musical performance such as a concert or
similar events.
A Borough of Metuchen street, highway or road.
No person, association, or group except for the Borough shall
cause or permit a municipal street to be closed for the purpose of
conducting a block party, without first having obtained a permit therefor
issued by the Borough Clerk after approval; of such temporary street
closing by the Council of the Borough of Metuchen ("block party street
closure permit"). Block party street closure permits shall be limited
to two per calendar year per block/area or portion of street.
A.
Applications for block party street closure permits shall be made
to the Borough Clerk at least 45 days before the date selected for
holding of the block party and shall be made on the official forms
furnished by the Borough for that purpose.
B.
The block party street closure permit application shall contain:
(1)
A designated contact person, including their name, address, telephone
and email address.
(2)
The date and period of time for such temporary street closings.
(3)
Explanation of the extent and nature of the proposed temporary street
closing, including the estimated amount of people to attend the event.
(4)
Sketch of the location of any and all barriers to be provided by
the Borough to be used in restricting the flow of vehicular traffic
through the closed street. The sketch shall also include the proposed
location and description of any temporary items to be placed in the
roadway, i.e., tables and/or chairs. All items and/or equipment placed
upon the street must be temporary and readily available to be removed
in able to permit emergency vehicle access. Temporary rides, bounce
houses and other amusements are not permitted to be located in the
roadway during the block party.
(5)
Signed acknowledgement of at least 75% of the property owners affected
by the street closing acknowledging that no motor traffic will be
permitted during the block party except for vehicles used in connection
with the block party, municipal vehicles and emergency vehicles.
(6)
Copy of letter sent to all residents of the street providing notification
of the proposed block party with a representation of service of the
letter upon the residents.
C.
Application fee. There shall be a nonrefundable application fee of
$25 for a block party street closure permit.
D.
Referral to the Chief of Police. Upon receipt of a completed application
the Borough Clerk Shall refer the application to the Chief of Police
or their designees for evaluation based upon the following objective
criteria:
(1)
The conduct and location of the block party will not substantially
interrupt or impede the safe and orderly movement of traffic.
(2)
The conduct of the block party will not be likely to result in damage
to persons or property nor likely to cause serious harm to the public.
(3)
The conduct of the block party will not interfere with the movement
of first aid or firefighting equipment to such an extent that adequate
fire protection cannot be provided to the Borough.
(4)
The conduct of the block party will not require an increased amount
of public resources to ensure the safety of the block party participants
and/or the drivers on municipal roadways.
(5)
Such other concerns deemed necessary in order to properly provide
for traffic control, street and property maintenance and the protection
of public health, safety and welfare.
E.
Municipal Council permit issuance and denial standards.
(1)
Standards for issuance. The Borough Council may authorize the issuance
of a block party street closure permit conditioned upon the applicants
written agreement to comply with the terms of such permit unless the
Borough Council is advised by the Borough administration or a department
thereof that:
(a)
The time, size and location of the block party will disrupt
to an unreasonable extent the movement and flow of traffic;
(b)
The block party is of a size or nature that the diversion of
so great a number of police officers of the Borough that reasonable
police protection would be jeopardized;
(c)
The time, size and location of the block party will require
an increased amount of public resources to ensure the safety of the
block party participants and/or the drivers on municipal roadways;
(d)
Said block party will interfere with another block party street
closure permit or special event which has already been issued by the
Borough;
(2)
Standards for denial. The Borough Council may deny an application
for a block party street closure permit and the Borough Clerk shall
notify the applicant of such denial where:
(a)
The Borough Council makes any finding contrary to the findings
required to be made for the issuance of the permit;
(b)
The information contained in the permit application is found
to be false, inconsistent or nonexistent in any material detail;
(c)
The applicant refuses to agree to abide by or comply with all
of the conditions of the permit;
(d)
The proposed block party prevent emergency vehicles to provide
timely responses to calls for services;
(e)
A block party street closure permit of a similar portion of
the proposed roadway or roadways has been issued on two occasions
within 12 months of the requested date;
(f)
More than 25% of the residences affected by the block party
closure permit application have not signed the application form.
(3)
After the Borough Council's approval or denial of the application
for a block party street closure permit, the Borough Clerk shall notify
the designated contact representative in the application of the Borough's
Council's determination.
F.
Term of permit. The block party street closure permit shall be valid
for a period not to exceed eight continuous hours. Notwithstanding
the forgoing, no block party street closure agreement shall extend
beyond the earlier of 10:00 p.m.
A.
Responsibilities of permittee.
(1)
If a block party street closure permit is granted by the Borough
Council, the person association, or group that is granted the permit
shall be responsible for conducting the operations so authorized in
such a manner that there shall be minimum inconvenience and/or disruption
to the general public and, upon the expiration of the permit, such
street shall be reopened free of any debris, refuse, or other material
interfering with the safe and free passage of pedestrians, vehicles
and traffic.
(2)
The applicant shall be solely responsible for the removal of litter,
debris, and other material from the street or portion thereof used
and is attributable to or caused by the block party. The applicant
shall also be solely responsible to take all necessary measures to
prevent the underage consumption of alcohol during the term of the
block party street closure permit.
(3)
The persons, organizations or associations to whom the block party
street closure permit agrees to save the Borough, its officers, employees
and agents harmless from any and all losses, liabilities, damages
or injuries which may accrue or be claimed to accrue by reason of,
or during the temporary street closing and/or block party. The submission
of the signed application under this article shall constitute such
agreement. The Borough Clerk, in consultation with the Borough Administrator,
shall have the option to require that prior to the issuance of the
permit or commencement of the temporary street closure, the applicant
submit evidence of liability insurance covering damages to property
and injury to members of the general public arising out of the temporary
street closure in such an amount as may be determined by the Borough
Administrator in consultation with the Borough's Risk Manager.
(4)
Deposit. A security deposit will not be required unless the applicant
has had prior negative experience with a street closure with the Borough.
Prior negative experience is defined as the failure to return the
closed street and surrounding areas, staging areas and breakdown areas
to a condition free of debris, litter, refuse or other materials that
interfere with the safe and free passage of pedestrian and vehicles.
B.
Revocation of permit. Any block party street closure permits issued
pursuant to this article may be summarily revoked by the Chief of
Police and/or the Borough Administrator and/or their designee/s at
anytime, when by reason of disaster, public calamity, riot or other
emergency or any other situation that the Chief of Police and/or the
Borough Administrator and/or their designee/s deems that the safety
of the public, including the participants at the block party, or property
requires such revocation or that the permittee has violated any of
the required conditions of the permit or this article. Notification
of such action revoking a permit shall be delivered by contacting
the designated contact person set forth in the application.
Pursuant to P.L. 2021, c. 395,[1] the Borough designates the specific area for which a block
party street closure permit is issued as an open container area and
it shall be lawful for any person who is at least 21 years of age
to consume open containers of alcoholic beverages outdoors on any
street in the Borough of Metuchen on which a block party street closure
permit has been issued by the Borough for the hosting of a residential
block party, but only during such times and at such locations as set
forth in the approved block party street closure permit, provided
that said street has been sufficiently closed to vehicular traffic
and no vehicular traffic is permitted to travel upon same during the
times of such activity.
[1]
Editor's Note: See N.J.S.A. 33:1-24.4 et seq.
A.
Violations of this chapter, the failure to comply with any condition,
requirement or provision of the permit, or otherwise violations of
any ordinance, rule or regulation that is applicable to the event
by the permit holder, permit holder's agents, employees, patrons,
customers, guests, invitees, attendees, or any other person admitted
shall be grounds for revocation of the special event permit or block
party street closing permit approval. Upon such revocation, all activities
associated with the event shall be immediately terminated.
B.
Any person who violates any subsection of this article for sponsoring a special event or block party determined to be a public health or safety hazard, or for failure to obtain an approval, shall be subject to the penalties set forth in Chapter 1, General Provisions, Article 1, of the Borough Code. Each day's continued violation shall constitute a separate offense.
C.
Nothing provided herein shall be deemed or construed to limit the
authority or ability of the Borough to seek civil injunctions to prohibit
violations of this article or any other lawful remedy, in addition
to the criminal penalties set forth in this article.
