This section shall be known and may be cited as the "Public Events Ordinance of the Township of Howell."
[HISTORY: Adopted by the Township of Howell 9-16-2025 by Ord. No. 25-34. Amendments noted where applicable.]
The Township Council of the Township of Howell find that streets, parks, public facilities and other public places in the Township are from time to time temporarily closed and used as sites for fairs, art shows, neighborhood celebrations and other public events, which are privately sponsored but open to the public to varying degrees. Events of this kind serve to improve the quality of life of the residents of the Township and often result in large numbers of people congregating within the confines of the temporarily closed streets or public places, and the resulting crowd conditions create concerns relating to the health, safety and welfare of the public at large and of persons and property in and near the closed area. It is, therefore, essential that a policy be established for governing these events, which shall facilitate control over them by the sponsor and by the Township officials from departments involved with the event to safeguard persons and property.
As used in this section, the following terms shall have the meanings indicated:
An individual or organization submitting an application for an event subject to regulation by this chapter.
A form issued by the Township Manager for approval for any event subject to regulation by this chapter.
A festive neighborhood gathering on public property, but shall not include a garage sale, yard sale, bazaar, rummage sale or other similar activity having the principal purpose as fundraising for an individual or organization, nor shall it include a political meeting or rally, carnival or theatrical or musical performances, such as rock concerts or similar events, or a private party, e.g., birthday, graduation or wedding.
A permit required by this section to conduct a block party.
Collectively, block parties and special events.
The written approval for block parties and special events, in a form approved by the Township Manager.
An applicant granted any permit authorized by this chapter.
Any individual, firm, partnership, association, corporation, company or organization of any kind.
Property which is owned, operated, maintained and/or controlled by the Township. Examples of public property include but are not limited to parking lots, plazas, streets, sidewalks, alleys, and parks.
A preplanned event that, because of its nature, interest, location, promotion or any combination of similar influences, is expected to draw a large number of people, sponsored by a sponsor other than the Township or its designee, proposed to be held on public property or private property but affecting public property or requiring Township support services, for the purpose(s) of entertainment, celebration, amusement, cultural recognition, arts and crafts displays and/or sales, amateur sports demonstrations or competitions, grand openings or similar activities generally considered recreational in nature. Examples include, but are not limited to festivals, street fairs, art shows, exhibitions, public celebrations, outdoor concerts, parades and road races.
A permit required by this section to conduct a special event.
The individual, group of individuals, corporation or other entity responsible for organizing an event, and on whose behalf the applicant submits an application.
Those which can or must be provided by the Township to ensure that a special event is conducted in such a manner as to protect the safety, health, property and general welfare of the residents of the Township of Howell. Examples include, but are not limited to, fire protection, crowd management and control, and traffic management control.
The Township of Howell.
A.
No event as defined in this chapter shall be advertised or held unless a permit for such event has been issued.
B.
In granting or denying permits, the Township will not discriminate on the basis of age, gender, race, creed, religion, national origin or sexual preference, the content of the speech or the identity of the speaker(s).
A.
All permits, demonstration, block party and special event permits may be approved by the Township Manager or designee after consultation with the Department Directors.
B.
Applications for permits shall be made available by the Township Manager and his/her designees, who shall receive completed applications and maintain files of all applications, issued permits and denials of permits.
The following provisions apply to all events subject to this section:
A.
Public property authorized for use in connection with any event shall not be obstructed by obstacles which cannot be readily moved to allow the passage of emergency vehicles, and events shall not unduly interfere with movement of emergency vehicles and emergency service to contiguous areas.
B.
The Township Manager or their designee may revoke a permit or terminate any event in order to protect public safety and welfare or where the permit conditions have been violated.
C.
Permits shall be issued to individuals and shall not be transferred or assigned, nor shall a permit be used at any location or on any date other than as specified in the permit.
D.
Funeral processions, school-sponsored events and any governmentally sponsored events are exempt from the provisions of this section.
E.
Except as prohibited by law, the Township Council shall retain the authority to set application fees via resolution in connection with payment for the administrative obligations imposed by this chapter.
F.
Each applicant shall agree in writing to reimburse the Township for any reasonable and foreseeable expenses incurred by the Township resulting from the event, including but not limited to police service, setup and cleanup costs.
G.
Events may not be held for the sole purpose of advertising any products, goods or services and may not be held for private profit.
H.
Information provided in the application shall be complete and accurate in all material details. Incomplete applications shall be returned to the applicant.
I.
An applicant shall not be issued a permit until such time as the applicant has complied with all terms of this section, including the submission of any required fees.
J.
The conduct of the event shall not negatively affect or impair public health, welfare, and safety.
K.
An event shall not be scheduled at a time when school is in session, when such event is located near a route or location adjacent to a school or class thereof without approval of the Superintendent of Schools for Howell Township Public Schools District or Freehold Regional High School District, as the situation requires. The noise created by the activities of the event shall not substantially disrupt the activities of the school or class thereof.
L.
Before a permit is issued, the applicant shall execute an endorsement on the permit agreeing to comply with the terms and conditions of this section and any special conditions and terms specified in the permit.
M.
Applications for the use of the same public property at the same time shall be processed based upon the first received complete application. Applicants so denied a permit shall, if possible, be given alternative sites by the issuing officer.
N.
An applicant shall at all times be present at the event and shall carry the permit upon his/her person during the conduct of the event.
O.
In addition to the requirements of this section, all applicants, sponsors and event participants shall comply with all applicable local, state and federal law and regulation. Issuance of an event permit is not a substitute for any other required permit(s). Alcoholic beverages may not be served or consumed on public property at any event unless the applicant receives special permission in accordance with all other requirements pursuant to this section and/or any other chapter of the Howell Township Code. Breach of any law or regulation shall be cause for revocation of permits.
P.
For all events, as defined in this chapter, the Township Administration and Howell Police Department shall post notice of such events on official social media accounts.
Q.
Should the location of an event be in an area in which the rules and regulations of a homeowners' association are in effect, approval by the respective association shall be required prior to Township approval of any event application.
Any person or entity who fails to comply with the terms of this chapter, including the failure to obtain a permit for a special event, shall be liable for a fine in an amount up to $2,000. The Township additionally shall have the authority to terminate the special event and/or issue an appropriate notice of violation for the failure to comply with the terms of this chapter. The Township manager shall maintain overall authority to enforce this chapter with the power to appoint designees for enforcement purposes.
Public events may be held only pursuant to a permit issued in accordance with the provisions of this chapter. Issuance of said permit may be made contingent upon payment of a fee as set forth by resolution of the Township Council from time to time except as prohibited by law.
An applicant seeking a special event permit shall file an application with the Township Manager's office upon a form provided by the Township Manager or his/her designee, no later than 30 days before the special event. If an application is submitted to the Township Manager less than 30 days before the special event, such application shall only be accepted at the discretion of the Township Manager. The application shall include:
A.
The name, address, telephone number and email address of the applicant, who must be at least 18 years of age.
B.
The name, address, telephone number, email address and website address of the person sponsoring the special event; if a corporation or other organization, the name and address of the officers of the organization and the relationship of the applicant to said organization.
C.
The name, address, telephone number and email address of the individual, who must be at least 18 years of age, who will be present and in charge of the special event on the day of the event.
D.
The date and time of the proposed special event.
E.
The location of the proposed special event.
F.
The hours of operation of the proposed special event, which shall not be before 8:00 a.m. or after 10:00 p.m.
G.
The schedule of proposed activities at the special event.
H.
The number of participants anticipated to attend the special event.
I.
Whether an admission fee will be charged and, if so, how much.
J.
Whether the event is open to the general public and, if not, what group or groups are permitted to attend.
K.
The nature or purpose of the special event.
L.
Whether any merchandise, food or beverages will be sold at the special event.
M.
The type and estimated number of vehicles, animals, and structures, if any, which will be used at the special event.
N.
Information pertaining to parades, races and other events occurring along a specified route, including but not limited to the following:
(1)
The assembly point for the special event, the time at which units of the parade or other event will begin to assemble.
(2)
The route to be traveled.
(3)
Whether the parade or other event will occupy all or only a portion of the streets in the proposed route.
(4)
The number, type and size of floats.
(5)
Material and maximum size of any signs or banners to be carried along the route.
A.
The Township Manager shall promptly forward completed applications to the relevant Township Administration Department Directors or their designees.
B.
The Police Chief, Chief of the Fire Bureau, Code Enforcement Director and other Department Directors or their designees shall review the application and make a public safety assessment for the Township Manager. The Township Manager or his/her designee shall authorize issuance of the special event permit upon finding the following:
(1)
The conduct of the special event will not require the diversion of so great a number of police officers to properly police the special event and the area contiguous thereto so as to prevent normal police protection for the Township of Howell.
(2)
If a parade, race, or other event is occurring along a specified route, the special event is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays in route.
(3)
The special event will not tend to unreasonably interfere with the public use of streets and sidewalks and private properties and can be conducted in a safe manner.
(4)
The conduct of the special event will not unreasonably disrupt traffic within the Township.
(5)
The location of the special event will not cause unreasonable hardship to adjacent businesses or residences.
(6)
The special event will not entail extraordinary Township services or unreasonable burdensome expense to the Township.
(7)
The location requested for the special event will not unreasonably interfere with mass transit.
C.
A special event permit shall be approved, conditionally approved or denied, contingent upon the conditions specified above, within five business days after receiving a completed application. If the application is denied or conditionally approved, the applicant shall be advised, in writing, of the grounds for denial or conditional approval and his/her right of appeal. If the Township Manager relied on information about the event other than that contained within the application, the applicant shall be advised of such information. The applicant shall be notified of any permit conditions at the time the application is approved and his/her right of appeal of the permit conditions.
D.
When the grounds for denial of an application are due to the noncompliance with any conditions which can be corrected by altering the time, date, duration, route, or location of the event, the application shall be approved conditionally, contingent upon the applicant's acceptance of conditions for permit issuance.
A.
The Township Manager or his/her designee may condition the issuance of a special events permit by imposing reasonable requirements concerning the time, place and manner of the event and such other requirements as are necessary to protect the safety of persons and property and the control of traffic, provided such conditions shall not unreasonably restrict the right of free speech. Such conditions include, but are not limited to:
(1)
Alteration of the date, time, duration, route or location of the event proposed on the special event application.
(2)
Conditions concerning the area of assembly and disbanding of parade or other events occurring along a route.
(3)
Conditions concerning accommodation of pedestrian or vehicular traffic, including restricting the special event to only a portion of public property.
(4)
Requirements for the use of traffic cones and barricades.
(5)
Requirements for provision of first aid or sanitary facilities.
(6)
Requirements for use of special event monitors and providing notice of permit conditions to special event participants.
(7)
Restrictions on the number and type of vehicles, animals, or structures at the event and inspection and approval of floats, structures, and decorated vehicles for safety purposes by the Fire Bureau, the Monmouth County Health Department and Department of Code Enforcement, where applicable.
(8)
Compliance with animal protection ordinances and laws.
(9)
Requirements for use of garbage containers, cleanup and restoration of Township property. If the permit holder does not clean the area under permit or inadequately cleans the area, the Howell Township Department of Public Works shall provide the necessary services at the expense of the permit holder.
(10)
Restrictions may be placed on the use of amplified sound to ensure the reasonable enjoyment of public spaces to others.
(11)
In situations where the Township Manager, Police Chief or other Department Directors deem it necessary to have additional police officers, safety personnel or other Township staff and/or any other security measures made available for the purpose of preserving the public safety and welfare during the course of the special event, the applicant shall be so advised. If additional expenses or cost are incurred for the purpose of providing such staff or services, the permit holder shall be required to reimburse the Township for such expenses or costs.
(12)
Applicants may be required to post escrows in amounts to cover the estimated cost of additional expenses borne by the Township but are the responsibility of the applicant.
A.
The Township Manager shall not process more than one special event permit for any one twenty-four-hour period (12:01 a.m. to 12:00 midnight) unless approved by the Township Manager or his/her designee. Where more than one special event application is received for the same date, the application received first will be considered first.
B.
No permit shall be issued to any applicant who unlawfully discriminates based on age, sex, race, creed, religion, national origin or sexual preference or for an event sponsored by an organization which so discriminates. All applicants shall submit to the Township Manager's office a sample of any and all advertisements for said event, at least 14 days prior to said event and as they occur in the days leading up to the event.
Any aggrieved applicant or permit holder shall have the right to appeal the special conditions, denial or revocation of a special events permit to the Township Manager. The written notice of appeal shall be filed within two days after notice of special conditions, denial or revocation. The Township Manager shall act upon the appeal within three business days after its receipt. Such action shall include the scheduling and conduct of a plenary hearing if requested by the aggrieved party in his/her written notice of appeal. A written decision of the appeal shall be provided to the aggrieved party within three business days after the conclusion of the hearing. The decision shall indicate the reasons for the Township Manager's decision. Permit holders whose permits are revoked during the event shall not have a right to appeal.
A.
The applicant/sponsor of a special event must submit a certificate evidencing broad form comprehensive liability insurance. Such insurance shall name the Township of Howell, its officers, employees, elected officials, and agents on the policy or by endorsement as additional insured. Insurance coverage must be maintained for the duration of the special event. Coverage shall be as follows:
B.
A certificate of insurance, along with all necessary endorsements, must be filed with the Township Manager no less than five days before the date of the special event. The special event permit shall not be issued by the Township Manager until after the insurance policy or certificate of insurance, along with necessary endorsements, have been filed by the applicant or sponsor.
A.
The Township Manager shall be authorized to issue a permit for the temporary closure of public property for an approved block party. At least 30 days before the commencement of any block party, an application for such permit shall be filed with the Business Administrator by a bona fide resident, who is at least 18 years of age, of the neighborhood conducting the block party. Such application shall contain:
(1)
The name, address, telephone number, and email address of the applicant.
(2)
The name, address, telephone number, email address and website address, if available, of the sponsor.
(3)
The name of the public property, including any streets, on which the block party is to be held, and a description of the portions thereof to be closed.
(4)
Proof from the applicant that a majority of the residents on any street or block(s) for the proposed block party have been notified and approved of the proposed block party, location, date, and hours. Such proof shall take the form of a page of signatures from more than 50% of homeowners in the affected area.
(5)
The date and the hours thereof, which shall not be before 10:00 a.m. or after 10:00 p.m.
B.
The application may require such additional information as the Township Manager deems necessary to determine whether to approve or conditionally approve the block party.
A.
Completed applications shall be sent by the Township Manager to all Department Directors or their designees and by regular mail to the owners of all property immediately abutting the concerned public property at the addresses maintained by the Tax Assessor for such property owners.
B.
The Township Manager and Department Directors or their designees shall review the application and make a public safety assessment for the Township Manager. The Township Manager or his/her designee shall authorize issuance of the block party permit upon finding the following:
(1)
The conduct of the block party will not cause a diversion of police officers so as to prevent normal police protection for the Township of Howell.
(2)
The block party will not unreasonably interfere with access to private property.
(3)
The conduct of the block party will not unreasonably disrupt traffic within the Township.
(4)
The location of the block party will not cause unreasonable hardship to adjacent businesses or residences.
(5)
The block party will not cause extraordinary Township services or cause an unreasonably burdensome expense for the Township.
(6)
The applicant has complied with all relevant terms of this chapter, including the submission of any required fees.
(7)
The location requested for the block party will not unreasonably interfere with mass transit.
C.
A block party permit shall be approved, conditionally approved or denied, contingent upon the conditions specified above, within five business days after receiving a completed application. If the application is denied or conditionally approved, the applicant shall be advised, in writing, of the grounds for denial or conditional approval. If the Business Administrator relied on information other than that contained within the application, the applicant shall be advised of such information.
A.
The Township Manager or his/her designee may condition the issuance of a block party permit by imposing reasonable requirements concerning the time, place and manner of the event and such other requirements as are necessary to protect the safety of persons and property and the control of traffic. Such conditions include, but are not limited to:
(1)
Alteration of the date, time, duration, or location of the event proposed on the block party application.
(2)
Conditions concerning accommodation of pedestrian or vehicular traffic, including restricting the block party to only a portion of public property.
(3)
Requirements for the use of traffic cones and barricades.
(4)
Requirements for use of garbage containers, cleanup and restoration of Township property.
(5)
Restrictions on use of amplified sound.
(6)
In situations where the Police Chief or his/her designee deems it necessary to have additional police officers and any other security measures made available for the purpose of preserving the public safety and welfare during the course of the block party, the applicant shall be so advised. If additional expenses or cost are incurred for the purpose of providing such police protection, the permit holder shall be required to reimburse the Township for such expenses or costs.
(7)
Applicants may be required to post escrows in amounts to cover the estimated cost of additional expenses borne by the Township but are the responsibility of the applicant.
(8)
Requirements for posting of signage in affected area of the block party as many as seven days in advance of the event.
No more than two block party permits shall be granted by the Township Manager in any calendar year for the same public property.