[HISTORY: Adopted by the Municipal Council
of the City of Clifton 12-20-1960 by Ord. No. 3319 as Article 2 of
Chapter 6 of the Revised Ordinances of the City of Clifton, New Jersey,
1960; amended in its entirety 5-21-2024 by Ord. No. 7913-24. Subsequent amendments
noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A fair or function conducted for the sale of goods or merchandise
excluding amusements of all kinds, including amusement stands, rides
or amusement devices, or games of chance or skill as part of or incidental
to the conduct or operation of any such bazaar.
A transient outdoor amusement show conducted as a place of
amusement or recreation which includes games of chance or skill; or
wherein goods or prizes are given or awarded to persons paying consideration
for a chance or opportunity to win or secure the same; or where concession
stands, amusement stands, rides are operated, conducted or maintained.
A traveling company of acrobats, clowns, and other entertainers
which gives performances exhibiting for amusement or recreation of
the general public feats of physical skill.
An event celebrated by a community and centering on some
characteristic aspect or aspects of that community marked by special
observances, including programs of cultural and religious events or
entertainment. Festivals can include live music and dance demonstrations.
An event that occurs on a City street that includes a sidewalk,
street sale, or other similar outdoor function which celebrates the
character of a neighborhood and is comprised of booths used to sell
goods, food, or convey information. Street fairs can include carnival
rides, live music and dance demonstrations.
A.
No person as owner, lessee, manager, sponsor, officer or agent shall
establish, operate or conduct any bazaar, carnival, circus, street
fair or festival within the boundaries of the City without first obtaining
the approval of the governing body and a permit which shall be issued
by the City Clerk.
B.
A bazaar, carnival, circus or festival may not be conducted by any
person or entity that is not a house of worship, religious society,
charitable organization or veterans organization of the City and the
proceeds of the event must be for the financial benefit of the charitable
or religious organization holding the event.
C.
A street fair may be conducted or operated by any merchant, merchants'
association or neighborhood association of the City, or any house
of worship, religious society, charitable organization or veterans
organization of the City.
D.
Alcohol shall be prohibited unless a special permit is issued for
the event in accordance with applicable state and local ABC regulations.
E.
The sale or transfer of tobacco products, cigarettes, e-cigarettes,
vaping products or cannabis shall be prohibited.
F.
Entertainment that contains nudity or partial nudity that can be
considered lewd or obscene shall be prohibited.
G.
Political signs shall be prohibited on public property in accordance with Chapter 185 of the Code of the City of Clifton.
H.
Solicitation of political contributions on any public property shall be prohibited in accordance with Chapter 251 of the Code of the City of Clifton.
I.
Any applicant, or any affiliate, shall be limited to four such special
event permits per calendar year.
J.
No event shall be conducted for more than five consecutive days.
K.
The number of booths for the sale of goods or merchandise at a bazaar
shall be established by the Municipal Council taking into account
the size of the location where the event is to be held, the number
of people expected to attend the event and the effect on the health,
safety and welfare of the public. Bazaars shall not be permitted to
have rides.
L.
The maximum number of amusement rides at a carnival shall be determined
in accordance with N.J.A.C. 5:14A-9.18(g) which requires that the
clearance envelopes for the operation of amusement rides shall be
maintained as per the manufacturer's specifications at all times.
The maximum number of games of chance or skill, or winner every time
games and the maximum number of concession stands or booths at carnivals
shall be established by the Municipal Council taking into account
the size of the location where the event is to be held, the number
of people expected to attend the event and the affect on the health,
safety and welfare of the public.
M.
Circuses shall not be permitted to have rides or acts with live animals.
N.
The maximum number of amusement rides at a street fair shall be determined
in accordance with N.J.A.C. 5:14A-9.18(g) which requires that the
clearance envelopes for the operation of amusement rides shall be
maintained as per the manufacturer's specifications at all times.
The maximum number of concession stands or booths at a street fair
shall be established by the Municipal Council taking into account
the size of the location where the event is to be held, the number
of people expected to attend the event and the affect on the health,
safety and welfare of the public.
O.
Festivals shall not be permitted to have amusement rides, games of
chance or skill, or win-each-time games. The maximum number of concession
stands or booths at festivals shall be established by the Municipal
Council taking into account the size of the location where the event
is to be held, the number of people expected to attend the event and
the affect on the health, safety and welfare of the public.
A.
Any person, owner, lessee, manager, sponsor, officer or agent desiring
a permit under this chapter shall file with the City Clerk an application,
under oath, in writing on a form furnished by the City Clerk at least
60 days prior to the planned event to permit adequate time for administration
to process the application and for the governing body to consider
the application.
B.
The application shall set forth the following information:
(1)
The type of event the applicant is seeking to conduct.
(2)
A specific description of the nature of the proposed event.
(3)
The applicant's name, address, telephone number, Social Security
Number or Tax Identification Number.
(4)
The name and address of the chairperson or individual who is primarily
responsible for running the event.
(5)
If the applicant is an individual, the applicant's residence
address.
(6)
If the applicant is a partnership, the full names and residence addresses
of each partner.
(7)
If the applicant is a corporation or other entity, the full names
and residence addresses of each major officer and each stockholder,
the name and address of the registered agent and the address of the
principal office of the corporation. The term "stockholder" as used
herein means and includes any person owning or having an interest,
either legal or equitable, in 10% or more of the stock issued and
outstanding of the applicant corporation. In the case of other entities,
the full names, residence addresses of each member or each person
having any interest, either legal or equitable, aggregating in value
10% or more of the total capital of the entity, the name and address
of the registered agent, if any, and the address of the principal
office.
(8)
Whether the applicant or any partners, officers or stockholders thereof
have ever been arrested or convicted of a crime, and, if so, the name
of the person arrested or convicted, the date of the arrest, the crime
or charge involved and the disposition thereof.
(9)
The location of the proposed event.
(10)
The date(s) and time(s) of the proposed event.
(11)
A diagram setting forth the size of the location, a proposed
lay-out of the facilities, stands, booths, and rides to be conducted
at the proposed event. For those events that are permitted to have
amusement rides, the applicant shall also provide a diagram from the
company or vendor that will be providing the amusement rides setting
forth the location of each amusement ride and a certification that
safety clearance envelopes for each ride are in accordance with the
manufacturer's specifications and will be so maintained at all
times during the operation of the amusement rides as set forth in
N.J.A.C. 5:14A-9.18(g).
(12)
The approximate number of people expected to attend the event
per day.
(13)
The number of games of chance or skill that the applicant is
seeking to offer at the event.
(14)
The number of amusement devices or rides that the applicant
is seeking to offer at the event.
(15)
The number of booths that the applicant is seeking to offer
at the event.
(16)
Any arrangements made by the applicant for off-street parking
that the applicant anticipates using in connection with the event.
(17)
Whether the applicant is requesting any restrictions on the
use of public streets or public parking during the event, and, if
so, a detailed description of the restrictions being sought.
(18)
Security measures that the applicant will employee during the
event.
(19)
Whether the applicant has received any other special events
permits from the City in the twelve-month period immediately preceding
the date of the application. If so, set forth the date and description
of each event.
(20)
Any additional information which the City Manager or governing
body shall find reasonably necessary with regard to the health, safety
and welfare of the participants involved in the event or the members
of the public attending the event to make a determination as to whether
a permit should be issued.
C.
Before any application is presented to the governing body for consideration,
the City Clerk shall furnish copies of the application to the Police
Department, Fire Department, Health Department and Building Department
for their review and investigation. Upon the conclusion of the review
and investigation, each department shall issue a report containing
their recommendation concerning the proposed event and any other additional
considerations the governing body should consider in determining whether
a permit should be issued. The reports containing the results of the
investigations of the Police Department, Fire Department, Health Department
and Building Department shall be furnished by the City Clerk at the
time the application is presented to the governing body for consideration.
D.
Security shall be required at all special events. The applicant shall
be required to employ the services of unarmed private security guards
and off-duty police officers to provide security and maintain order
at the event. The number of off-duty police officers shall be determined
in the sole discretion of the Chief of Police. The applicant shall
be obligated to arrange to have present at the event the requisite
number of off-duty police officers the Chief of Police determines
is necessary to provide security and maintain order at the event.
E.
All tents, rides, exhibits, food concessions and/or amusements to
be operated at the event must successfully pass all requisite health,
safety and fire inspections which shall be conduced by the City of
Clifton at least 48 hours prior to the opening of the event.
A.
The governing body shall approve the issuance of a permit as provided
hereunder, from a consideration of the application, reports furnished
by the various departments within the City and from such other information
that it may otherwise obtain if it finds that:
(1)
The conduct of the special event will not require the diversion of
so great a number of police officers of the City so as to prevent
normal police protection to the City.
(2)
The concentration of persons, rides or amusement devices, and vehicles
at the event will not unduly interfere with proper fire and police
protection of, or ambulance service to areas contiguous to the location
of the event.
(3)
The conduct of the event will not interfere with the movement of
fire-fighting equipment or other emergency vehicles in route to an
emergency.
(4)
The event is not to be held solely for the purpose of advertising
any product or goods and is not designated to be held purely for profit.
(5)
The effect of the conducting of the proposed event will not be contrary
to the health, safety, and welfare of the public.
A.
No bond or insurance shall be required by any applicant where the
event to be held is wholly on private property.
B.
For events that are to be held either partially or wholly on public
property, upon the approval of the permit by the governing body, the
applicant shall post a security deposit with the City Clerk, at least
five days prior to the opening of the event, a certified check in
the amount of $2,500 or a surety bond from a licensed surety company
licensed to conduct business in the State of New Jersey in an amount
of $2,500. For events that anticipate more than 5,000 people in attendance
over the duration of the event, a certified check in the amount of
$5,000 or a surety bond from a licensed surety company licensed to
conduct business in the State of New Jersey in an amount of $5,000
shall be required. The certified check or bond shall be used for the
purpose of protecting and preserving the property of the City of Clifton
and shall be conditioned upon the applicant repairing or replacing
any and all damage caused to City property or equipment from the conducting
of the event and cleanup costs relating to the event. Should the applicant
fail to timely repair or replace any damage to City property or equipment
or fail to properly cleanup the facility at the conclusion of the
event, the City shall be permitted to deduct the costs to repair or
replace the damage to City property or equipment and/or the cost of
cleanup from the bond.
C.
For events that are to be held either partially or wholly on public
property, upon the approval of the permit by the governing body, the
applicant shall file with the City Clerk, at least five days prior
to the opening of the event, a certificate of liability insurance
from an insurance company licensed to conduct business in the State
of New Jersey naming the City of Clifton as an additional insured.
The policy shall be in an amount of not less than $250,000 per person
and $500,000 per occurrence and shall be in effect for the period
covering the duration of the event. The City of Clifton shall be named
as an additional insured. In addition, the applicant shall execute
a hold harmless agreement with the City of Clifton agreeing to indemnify
and save harmless the City of Clifton, its officers, agents, servants
and employees against any and all liability, claims, judgments, demands
or expenses whatsoever in the connection with the loss of life, personal
injury and/or damage to property arising out of or resulting in whole
or part from any activity associated with the event.
D.
For events that are to be held either partially or wholly on public
property that will include amusement rides, upon the approval of the
permit by the governing body, the applicant shall file with the City
Clerk, at least five days prior to the opening of the event, a certificate
of liability insurance from an insurance company licensed to conduct
business in the State of New Jersey naming the City of Clifton as
an additional insured from each vendor or company furnishing the amusement
rides that are to be utilized at the event. The policy shall be in
an amount of not less than $1,000,000 per person and $2,000,000 per
occurrence and shall be in effect for the period covering the duration
of the event. The City of Clifton shall be named as an additional
insured. In addition, each vendor or company furnishing the amusement
rides that are to be utilized at the event shall execute a hold harmless
agreement with the City of Clifton agreeing to indemnify and save
harmless the City of Clifton, its officers, agents, servants and employees
against any and all liability, claims, judgments, demands or expenses
whatsoever in the connection with the loss of life, personal injury
and/or damage to property arising out of or resulting in whole or
part from any activity associated with the operation of the amusement
rides at the event.
A.
Any person, partnership, firm corporation or entity violating any
provisions of this chapter shall, upon conviction, be punished by
one or more of the following:
B.
Each violation of any of the provisions of this chapter, and each
day same is violated, shall be deemed and taken to be a separate and
distinct offense.
C.
The minimum penalty or fine for a violation of any provision of this
chapter shall be $100.
