[HISTORY: Adopted by the Township of Washington (now Township of Robbinsville) 12-31-2001 by Ord. No. 2001-37 as § 4-2 of the 2001 Code; amended in its entirety 8-2-2019 by Ord. No. 2019-28. Subsequent amendments noted where applicable.]
The purpose of this chapter is to provide for the protection and maintenance of the health, safety and welfare of the inhabitants of the Township through the regulation and permitting of special events.
The provisions of this chapter shall apply to any special event as defined by this chapter, unless otherwise exempted by law, held within the Township of Robbinsville.
As used in this chapter, the following terms shall have the meanings indicated:
- FOOD VENDOR
- Any approved, licensed retail food establishment that is in good standing with the health authority in which the establishment is located, that sells cooked or prepared food to individuals.
- FOOD VENDOR FESTIVAL PERMIT
- Any permit issued under this chapter to a person conducting a food vendor festival.
- Any individual, firm, partnership, corporation, organization, club or association or any principal or agent thereof.
- SPECIAL EVENT
- Any event outside the normal business operations of a private or a public entity that is dependent upon the use of Township facilities, lands, roads, services and/or finances or which will take place on public or private property and which requires temporary exemption from certain Township ordinances, where the public is invited and the expected attendance of the event exceeds 50 individuals. Special events shall also include any event that will require the use of any portion of Township property for the sole use by a person to the exclusion of the general public. Examples of special events may include but are not limited to parades, concerts, festivals, and walkathons.
- SPECIAL EVENT PERMIT
- Any permit issued under this chapter to a person holding a special event.
Each person holding a special event shall be required to have a special event permit.
The special event permit shall be prominently displayed in a conspicuous place fully visible to the public at all times during the special event.
The special event permit shall be under the charge and control of the person or persons applying therefor, and the person or persons shall be responsible for the operation of the special event and the conduct of the participants, if any, thereof.
The person or persons applying for a special event permit shall be responsible for securing any and all other necessary permits, licenses, and/or approvals which may be required (i.e., by state, local or other outside agencies) in conjunction with the proposed special event.
Nothing contained in this chapter shall apply to any special event conducted by the Township or any of its entities. Additionally, nothing contained in this chapter shall apply to any special event conducted by any schools or churches located in the Township, upon or adjacent to the premises of the schools or churches, where all of the proceeds of any such special event are for the use of the school or church or for the use or benefit of charities of the school or church.
Any special event, such as a community-inspired assemblage, demonstration, memorial service or vigil, taking place in a Township-owned park and/or recreational area where fees to attend are not sought or required, where no food and/or beverages will be sold or consumed, and where no fire, construction or similar permits are required shall be exempt from the requirements of this chapter, but shall be required to apply for a permit for the use of the park and/or recreational area pursuant to § 174-4 of the Code and be subject to the terms and conditions thereof.
[Added 8-19-2020 by Ord. No. 2020-19]
An application to conduct a special event shall be submitted by the person or persons in charge or responsible therefor to the Municipal Clerk at least 60 days prior to the date of the special event on forms adopted by the Township and designed to elicit information regarding the type of special event to be held, the details thereof, as well as the identification of the person or persons conducting the special event.
Each person applying for a special event permit shall supply the information requested on the application in full and verify its correctness by his or her oath or affirmation and thereafter file the completed application with the Municipal Clerk, together with the full amount of the fee as hereinafter set forth.
Permits provided for by this chapter shall be presented to the governing body at a public meeting not more than 30 days following the filing of the completed application, as determined by the Municipal Clerk, and issued by the governing body, in its discretion, based upon the standards set forth in § 70-8, as well as, but not limited to, the information provided on the completed application. Where a majority of the governing body has a conflict with an application before it, such application shall be presented to the Business Administrator and issued, in his or her discretion, in accordance with the same standards and information as if the application was being considered by the governing body.
[Amended 2-19-2020 by Ord. No. 2020-1]
Every permit granted shall be countersigned by the Municipal Clerk and shall set forth the place or places in which such special event shall be authorized to be held and the time during which it may continue and the price or prices which may be demanded for admission to the same, and such permit shall not take effect until the permit fee shall be paid to the Municipal Clerk. The permit shall provide that the same may be revoked if the special event permitted therein shall become disorderly or if any of the restrictions contained in the permit shall be violated or should unauthorized lotteries or games of chance be permitted on the premises where such permitted special event shall be conducted.
The standards for the issuance of a permit in accordance with this chapter shall include, but not be limited to, the following:
That the proposed special event will not unreasonably interfere with or detract from the general public's enjoyment of public parks, roadways, or other facilities to be utilized.
That the proposed special event will not unreasonably interfere with or detract from the protection and maintenance of the health, safety and welfare of the inhabitants of the Township.
That the proposed special event will not be likely to include violence, crime, or disorderly conduct.
That the facilities desired to be used have not been reserved for other use at the time requested in the application.
That the person applying for the permit will restore the premises in the same condition which existed prior to the special event.
The applicable permit fee to conduct a special event shall be as provided in Chapter 109, Fees, and shall not include any fee for Uniform Construction Code, fire or health permits, if required by law, which shall be in addition to the special event permit fee.
Any person seeking issuance of a food vendor festival permit shall file a supplemental application with the Municipal Clerk. Said application shall be in addition to the general special events application required pursuant to § 70-4.
A supplemental application for a food vendor festival permit shall be filed with the Municipal Clerk simultaneously with the application for a special event permit, which shall include the identity of each food vendor that will be participating in the festival.
A food vendor festival permit shall be issued in the same manner as a special event permit.
The applicable permit fee to conduct a food vendor festival shall be as provided in Chapter 109, Fees. A person applying for a food vendor festival permit shall only be required to pay the applicable fee for the food vendor festival permit and shall not be required to pay the fee for a special event permit as required by § 70-9. Uniform Construction Code, fire and/or health permit fees, if required by law, shall be paid in addition to the festival permit fee. Each participating food vendor shall be required to pay its separate Uniform Construction Code, fire and/or health permit fees, where applicable.
Any person holding a food vendor festival permit, in addition to any requirement set forth in this chapter, shall be required to abide by the following conditions:
Ensure that a food vendor participating in the permitted festival:
Holds a temporary or itinerant food-handling establishment license from the Health Department and has obtained approval from the Fire Department to ensure the safety, health and welfare of the festival participants.
A food vendor shall be exempt from the festival inspection requirement if it holds a valid mobile food vendor license issued pursuant to Chapter 158 and is using the licensed vehicle to provide service at such festival. However, said food vendor shall be subject to inspections at the discretion of the Health Department or Fire Department.
A food vendor shall be permitted to distribute alcohol in accordance with all other applicable laws and regulations.
No more than a maximum of 50 food vendors shall be permitted to participate in any single festival.
Any permit granted under this chapter may contain conditions reasonably calculated to reduce or minimize dangers and hazards to vehicular or pedestrian traffic and the public health, safety and welfare, including, but not limited to, changes in time, duration or number of participants. In all cases, the following shall apply:
The conduct of the special event will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route or location.
The conduct of the special event will not require the diversion of so great a number of police officers of the Township to properly police the special event as to prevent normal police protection to the Township.
The conduct of such special event will not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the Township.
The concentration of persons, animals and vehicles at assembly points of the special event will not unduly interfere with proper fire and police protection of or ambulance service to areas contiguous to such assembly areas.
The conduct of such special event will not interfere with the movement of firefighting equipment en route to a fire.
Adequate restroom facilities, as determined by the Health Department, shall be provided.
The conduct of the special event is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or create a disturbance through excessive noise or emission of light.
All directional signs erected in connection with the special event shall be removed within 24 hours of the termination of the event.
All applicants must provide a certificate of insurance specifically naming the Township of Robbinsville as an additional insured providing general liability, bodily injury and property damage coverage with minimum limits of liability not less than $1,000,000.
The applicant shall agree to indemnify, defend and hold harmless the Township, its agents, servants, representatives and employees, from and against all losses, damages, claims, liabilities and causes of action of every kind or character and nature, as well as costs and fees, including reasonable attorneys' fees connected therewith, and the expense of investigation thereof, based upon or arising out of damages or injuries to third persons or their property caused by the acts, omissions or negligence of the applicant, anyone for whose acts the applicant may be liable, or any claims arising out of or in any manner relating to the activities permitted pursuant to this chapter to the extent permitted by law. The applicant shall give the Township prompt and reasonable notice of any such claims or actions.
Where it shall appear that the nature or size of the special event or the existence of other applicable insurance will not reasonably require the insurance coverage established by Subsection A above, the governing body may set lesser limits or accept such evidence of other insurance or financial responsibility as will reasonably afford protection to the participants of the event and the general public.
Any person obtaining a permit as provided for in this chapter who shall violate or suffer to be violated any of the conditions or restrictions contained in the permit, or who shall suffer or allow his, her, its or their special event to become disorderly, shall forfeit the permit and pay the penalty hereinafter provided for.