As used in this chapter, the following terms shall have the meanings indicated:
Includes amusement activities, rides, merry-go-rounds, booths for conduct of games of skill, and food-dispensing facilities provided in conjunction therewith.
[HISTORY: Adopted by the Mayor and Council of the Borough of Bergenfield 12-3-1991 by Ord. No. 2126. Amendments noted where applicable.]
A.
Permit required. It shall be unlawful to conduct or operate within the Borough any carnival, as herein defined, which is open to the public without first securing a permit therefor.
B.
Application for permit. An application for a permit for a carnival shall be made to the Mayor and Council upon a form provided by the Borough Administrator and shall contain all of the following information:
(1)
The name, residence and business address, and telephone number of each person and/or organization sponsoring the carnival. If an organization, the application shall contain the names, residence and business addresses, and telephone numbers of the president or chairperson thereof, and all other persons:
(2)
The proposed date or dates of the carnival.
(3)
The proposed location where the carnival will take place.
(4)
The estimated number of persons who will participate.
(5)
Provisions made or area(s) designated for parking, food preparation and/or distribution and litter collection, storage and disposal.
(6)
Whether any sound-amplification equipment is proposed to be used and, if so, information describing such sound amplification; however, no sound amplification equipment shall be used in any manner contrary to any applicable Borough ordinances.
(7)
Whether or not an admission fee or other charge will be imposed or whether a donation, gratuity or offering will be solicited or accepted.
(8)
Whether sales of food, beverages or other merchandise will occur and, if so, the type(s) thereof and a description of the refrigeration facilities which will be provided for storage of food and beverages.
(9)
Such other information as the Mayor and Council deem reasonably necessary in order to carry out their duties under this chapter.
C.
If the applicant is not the record owner of the property on which the carnival is proposed to be held, the record owner of the property shall jointly sign the application and shall, as a condition of the permit, agree to be bound by the terms of this chapter and the permit issued hereunder.
D.
Time of filing. The application shall be filed with the Borough Administrator not less than 180 days prior to the proposed date of the carnival. Failure to comply with this time requirement shall be grounds for denial of the permit.
E.
Litter collection. Applicants shall, as a condition of the issuance of a permit, provide for the collection, storage and daily removal of all trash, garbage, and litter caused by or arising out of the carnival, including but not limited to, recycling containers for beverage cans and bottles. Each applicant shall enter into a written agreement, specifying the duties to be performed under this section. Such written agreement shall be in a form approved by the Borough Attorney.[1]
F.
Hold harmless. Applicants shall agree in writing to assume the defense of and indemnify and hold harmless the Borough, its elected officials, boards, commissions, officers, employees and agents, from all suits, actions, damages or claims to which the Borough may be subjected of any kind and nature whatsoever resulting from, caused by, arising out of or as a consequence of the carnival and the activities permitted in connection therewith.
G.
Personnel cost. Applicants shall pay to the Borough the cost of Borough personnel who are required by the Borough to work overtime hours or other than regular shift or perform duties during or as a result of such carnival. Applicants will deposit with the Borough a sum in an amount estimated by the Borough Administrator.
H.
No permit shall be issued pursuant to this chapter unless and until the applicant has provided to the Borough a certificate or certificates of insurance evidencing that there is in effect sufficient general public liability insurance to protect the Borough from any liability, loss or damages arising out of the activities to be conducted. Such insurance shall be in the minimum amount of $1,000,000 for each person and $3,000,000 for each accident.
I.
Compliance with laws. Prior to issuance of a permit under this chapter, all applicable ordinances and laws shall be complied with and all required permits and licenses shall be secured, and permit and licensing fees paid, in connection with such carnival or the proposed activities associated therewith including, but not limited to, charitable solicitations, collections or acceptance of gratuities, the sale of food, beverages or other merchandise, or the use of combustibles.
J.
Permit conditions. Any permit granted under this chapter may contain conditions reasonably calculated to reduce or minimize the dangers and hazards to vehicular or pedestrian traffic and the public health, safety, tranquillity, morals or welfare; to reduce or minimize the possibility of damage to public and private property; and to reduce or minimize the proliferation of trash, garbage and litter arising out of the permitted activities, including, but not limited to, changes in time, duration, number of participants or noise levels.
A permit may be issued by the Mayor and Council, by resolution adopted at a regular public meeting, when, from a consideration of the application and from such other information as may otherwise be obtained, they find that all of the following circumstances exist:
A.
The applicant is a nonprofit charitable, civic, educational or eleemosynary organization.
B.
The applicant has not knowingly and with intent to deceive made any false, misleading or fraudulent statements of material fact in the application for a permit or in any other document required pursuant to this chapter.
C.
The applicant has met the standards in this chapter, has furnished the required agreement, has paid in advance any fees, including any required permit and/or license fees, and agrees to such conditions as are imposed in the permit.
D.
The duration and size of the carnival will not substantially disrupt the orderly and safe movement of other traffic.
E.
The carnival is of a size or nature such that it will not unduly interfere with:
F.
The location or facility at or in which the carnival is proposed to be held is of a sufficient size and area to accommodate the estimated number of persons expected to attend.
G.
The proposed site of the carnival is not within 750 feet of a firehouse or fire station.
A.
The Mayor and Council shall take action with regard to the requested permit within 30 days of receipt of a complete application. The applicant, or its representative, shall be given notice of the date on which the Mayor and Council will consider the application and shall be permitted to appear and be heard at that time.
B.
Written notice of the issuance or denial of a permit shall be provided to the applicant within seven days of the decision of the Mayor and Council.
C.
If the Mayor and Council fails to take action within 30 days of receipt of a complete application, the application shall be deemed to have been denied.
For good cause shown, the Mayor and Council may waive the time limitation in § 128-2C for filing an application.
All permits granted pursuant to this chapter are temporary in nature and may not be transferred. Any permit issued pursuant to this chapter may be suspended or revoked by the Borough Administrator or his designee at any time when by reason of emergency, disaster, calamity, disorder, riot, extreme conditions, violation of this chapter or of any permit conditions, or undue burden on public services, it is determined that the health, safety, tranquillity, morals or welfare of the public or the safety of any property requires such suspension or revocation. Continuance of a carnival after the permit therefor has been suspended or revoked shall be unlawful.
All permits issued under this chapter shall be limited to five consecutive days. No more than one permit shall be issued to the same applicant, or partner, agent, licensee or representative thereof, in any twelve-month period. No more than three permits shall be issued in any year for carnivals within the Borough of Bergenfield.
A.
The purpose of this chapter is to regulate and permit carnivals sponsored or conducted by nonprofit charitable, civic, educational and eleemosynary organizations, and the issuance of permits under this chapter will be limited to such activities and to such organizations.
B.
The operator and sponsor of the carnival shall each be wholly responsible for maintaining order and for keeping the site clean, free of trash, papers and other debris. Trash containers in adequate number shall be placed in convenient locations for the use of the public. All trash, paper and/or debris shall be removed from the site on a daily basis. If trash, paper and/or debris cannot be removed at the conclusion of the carnival's daily activities, the operator and sponsor shall padlock or otherwise safeguard the dumpsters or storage containers until the next day when trash, paper and/or debris shall be removed.
C.
Beverages shall be sold and/or distributed only in recyclable cans or nonglass containers. Sale and/or distribution of beverages in bottles or glass containers is prohibited. The sale or distribution of alcoholic beverages of any type is prohibited.
D.
E.
No amusement or ride shall be placed in operation for public use until the same has been inspected for mechanical, structural, electrical and other hazards, by the appropriate state and Borough officials. Adequate safeguards shall be placed to protect both operators and the general public from inadvertently coming into contact with moving parts, belts, motor gears, electrical switches and other potential hazards.
F.
Adequate toilet facilities and hand-washing facilities shall be provided for carnival patrons and food-service employees. The facilities provided for the use of carnival patrons shall be separate from those facilities provided for food-service employees.
G.
The fee for any permit issued pursuant to this chapter shall be $50 per day and shall be paid with the application for the permit.
H.
Carnivals shall not be held on property owned by the Borough of Bergenfield or within 750 feet of a firehouse or fire station.
Any person, firm or corporation violating any provision of this chapter shall be fined not less than $100 nor more than $500 for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.