[Adopted 9-3-1970; amended in its entirety 5-13-2008 by Ord. No.
2008-08]
It is the purpose and intent of this article to protect the
public's health, safety, and welfare through the issuance of permits
for outdoor entertainment activities conducted within the Township
of Sandyston.
As used in this article, the following words and terms shall
have the meaning ascribed to them in this section.
AMPLIFIED EVENT
Any event that includes electronically amplified music and/or
voices.
APPLICANT
Any person or organization who seeks an outdoor entertainment
permit to conduct or sponsor an outdoor entertainment event within
the Township.
NONAMPLIFIED EVENT
Any event that does not include electronically amplified
music and/or voices.
NONPROFIT/FUND RAISING EVENT
Any event conducted by a commercial, residential/agricultural
or nonprofit entity for the purpose of raising funds to be and which
are subsequently donated to an organization described in Section 501(c)
or (d) of the Internal Revenue Code of 1986, as amended.
OUTDOOR ENTERTAINMENT
A specific event or activity held in the open and not within
an enclosed structure. Enclosed structures do not include tents, sound
stages, pavilions or amphitheaters.
OUTDOOR ENTERTAINMENT, COMMERCIAL
A specific outdoor entertainment event or activity conducted
or sponsored by a commercial entity for profit or promotion of its
business with an estimated attendance of 300 people or more.
OUTDOOR ENTERTAINMENT, NONPROFIT
A specific outdoor entertainment event or activity conducted
or sponsored by a nonprofit community organization or club for the
purpose of raising funds for charitable, educational, religious or
other similar purposes with an estimated attendance of 300 people
or more.
OUTDOOR ENTERTAINMENT, PRIVATE
A specific outdoor event or activity conducted or held on
private, residential or agricultural property by the property owner
or the owner's lessee, such as a wedding reception, private party,
or similar family or social function, with an estimated attendance
of 300 people or more.
OUTDOOR ENTERTAINMENT, PUBLIC
A specific outdoor entertainment event or activity conducted
or sponsored by the Township or any of its agencies, and any event
or activity conducted or sponsored by a public or private school with
an estimated attendance of 300 people or more.
PERMITTEE
A person to whom an outdoor entertainment permit is issued.
PERSON
An individual, firm, partnership, corporation, trustee, association,
or any body of persons, whether incorporated or not. With respect
to acts prohibited or required herein, "person" shall include employees
and permittees.
SCHOOL
An institution or place for instruction or education where
25 or more persons receive a full course of educational instruction
with an organized body of teachers associated for the pursuit and
dissemination of knowledge.
WEEKDAY
That time between 10:01 p.m. Sunday and 12:01 a.m. Friday.
WEEKEND
That time between 12:01 a.m. Friday and 10:01 p.m. Sunday.
Any person desiring to conduct or sponsor an outdoor entertainment
activity in the Township of Sandyston shall obtain a permit from the
Township Clerk.
[Amended 2-10-2015 by Ord. No. 2015-04]
Filing of application. Any person conducting or sponsoring an
outdoor entertainment activity shall make application for a permit
by filing a completed application with the Township Clerk seven days
prior to the Township Committee meeting the month prior to the outdoor
entertainment event date. Said application may request up to four
dates per application. The application shall require the following
information:
A. The
name and address of the person or organization conducting the event
and the names of the persons or of the managers and officers of the
organization.
B. The
date, time, and place of the event to be held.
C. Whether the person conducting the event or the officers of the organization
sponsoring the event are over 18 years of age; and whether such persons
have been convicted of any crimes other than minor traffic offenses.
D. The approximate number of persons expected to attend the event.
E. A description of the type of outdoor entertainment to be conducted.
F. The name, address and telephone number of the entity providing the
entertainment.
G. Whether amplified or nonamplified music or singing will be part of
the entertainment.
H. The number of security personnel to be employed together with their
names and address.
I. A description of the lands and premises to be covered by the permit,
which shall include a reference to block and lot on the Sandyston
Township Tax Map. In the event that a portion of a tax lot is to be
covered by a permit, a sketch must be presented showing exactly what
part of said lot is to be covered by the permit.
J. A statement as to whether the applicant owns the property to be covered
by the permit. In the event that the applicant is not the owner, the
consent of the owner must be annexed to the application, together
with a copy of the lease or other agreement relating to possession
of the property by anyone other than the owner of same.
K. A map or sketch, drawn to scale with scale shown, showing the entire
area sought to be covered by the permit and showing thereon that portion
thereof to be used for the parking of automobiles, and showing all
driveways and other means of access to and from said premises.
L. The applicant shall notify property owners within 500 feet of the
boundaries of the property to be covered by the permit of the outdoor
entertainment event(s) by certified mail. It shall be sufficient to
send said notices to the addresses shown on the tax list provided
by the Tax Assessor. An affidavit or copies of the certified slips
must be filed with the Township Clerk showing compliance with this
subsection.
(1) Changes
to the date for an outdoor entertainment event, previously approved
by the Township Committee, shall:
(a) Notify
the Township Clerk of the change in writing seven days prior to the
Township Committee meeting the month prior to the outdoor entertainment
event date.
(b) Request
a new list of the property owners within 500 feet of the boundaries
of the property to be covered by the permit from the Tax Assessor,
for an additional fee of $25.
(c) Notify
the property owners of the change of date to the previously scheduled
outdoor entertainment event(s) by certified mail.
(d) An
affidavit or copies of the certified slips must be filed with the
Township Clerk showing compliance with this subsection.
(2) Any
other changes for an outdoor entertainment event, previously approved
by the Township Committee, shall:
(a) Notify
the Township Clerk of the change in writing seven days prior to the
Township Committee meeting the month prior to the outdoor entertainment
event date.
M. A statement of the type of exhibition, show or performance to be
covered by the permit, which will include the hours of the performance
and on what days it will be in operation. A program or listing of
the performers shall be furnished, together with a time schedule showing
activity during various parts of the day or night.
[Amended 2-10-2015 by Ord. No. 2015-04]
The fee for the outdoor entertainment application shall be $125
per application.
As a condition of the granting of a permit for any outdoor entertainment
conducted on public property or public streets or parking lots, the
permittee shall provide the Township a public liability insurance
policy naming the Township as an additional insured entity with limits
of not less than $1,000,000 per occurrence.
A permit may be denied based upon a determination that:
A. The
event would seriously endanger public safety;
B. The
event would unreasonably inconvenience the general public;
C. The
event would unreasonably infringe upon the rights of abutting properties;
D. The
event would conflict with another proximate event or interfere with
construction or maintenance work.
E. There
are not sufficient safety personnel or other necessary Township staff
to accommodate the event.
F. The applicant failed to complete the application form after being
notified of the additional information required;
G. The applicant cannot meet, or is unwilling to meet, all of the requirements
of this article.
H. The event anticipates a gathering of more than 1,000 persons.
I. Failure to prepay expenses.
J. The applicant has violated a provision, restriction or condition
of this ordinance or an outdoor entertainment activity permit issued
to the applicant within the past 12 months.
The Township and its agencies and a school as defined herein
shall be exempt from the permit requirements of this article.
Each person who is issued an outdoor entertainment permit shall
comply in all respects with the State noise regulations set forth
in N.J.A.C. 7:29-1.1 et. seq.
Whenever notice is required to be given to the applicant or
permittee hereunder, such service or notice may be made by registered
or certified mail directed to the person and address listed in the
application or otherwise personally upon the applicant or any of the
agents of the applicant upon the permitted premises.