[Ord. #1885, 7-25-2006, amended]
As used in this section, the following words
shall have the meanings given:
Shall mean any mechanical device used for entertainment,
including but not limited to merry-go-rounds, Ferris wheels and the
like, as well as inflatable devices, including but not limited to
the moonwalk and the like.
Shall mean:
Any kind of affair which is:
Open to the general public, and
Generates a parking or traffic flow situation
that could unreasonably interfere with the movement of normal traffic
or emergency vehicles or other organized groups having a similar common
purpose or goal proceeding in or upon any street, park or other public
place in Bernards Township, and
Requires the expenditure of municipal resources
or inspections from the Fire Prevention Office, Construction Office,
Department of Public Works, Police Department, Health Department,
or Recreation Department, including but not limited to a television
or movie filming, bicycle race, bikeathon, car show, carnival or circus,
ceremony, concert, fair, farmer's market, festival, fireworks display,
flea market, foot race, marathon or run, parade, or walkathon.
Those events proposed to take place at a municipal
park or facility, whether the event is open to the general public
or not, shall be considered a show, special event or public exhibition
only if the anticipated capacity of the event exceeds the number of
persons permitted at the facility as prescribed by annual resolution
of the Township Committee.
Shows, special events and public exhibitions
shall be prohibited at municipal facilities which are not included
in this resolution adopted by the Township Committee.
[Ord. #1453, 4-10-2001, adopted; Ord. #1885, 7-25-2006, amended]
No person shall conduct a show, special event
or public exhibition or operate any amusement device without having
first obtained a special event license, approved by resolution of
the Township Committee, and paid the required license fee.
[Ord. #1885, 7-25-2006, added]
The terms of this section shall not apply to
any of the following:
[Ord. #1453, 4-10-2001, adopted; Ord. #1885, 7-25-2006, amended]
a.
An application and fee must be submitted to the Municipal
Clerk at least 60 days prior to the event. Failure to submit the application
at least 60 days prior to the event may constitute cause for denial
of the event. Applications shall be made in writing on the prescribed
form and include all checklist items.
b.
In addition to the application described herein, the
applicant is also responsible for obtaining all other applicable permits,
including, but not limited to:
1.
Construction Code permits: tents, generators, mechanical
equipment and platforms.
2.
Health Department permits: food concessions, and animals.
3.
Municipal Clerk permits: alcoholic beverage, solicitor
and games of chance.
4.
Fire prevention permits: air-filled amusements, fireworks/pyrotechnics,
any open-flame activity and rides.
5.
Zoning permits: temporary signs.
c.
Incomplete applications for shows, public exhibitions,
special events and amusement devices, and fireworks, including failure
to provide all required documentation, will result in the application
being deemed incomplete and returned to the applicant.
[Ord. #1453, 4-10-2001, adopted; Ord. #1885, 7-25-2006, amended]
In investigating each application for a license
under this section, the Chief of Police, Health Officer, Township
Risk Manager, Director of Recreation, Fire Prevention Officer and
the Construction Official, as applicable, shall review the license
application. They shall inspect the premises upon which the licensed
activity is to be conducted and all equipment to be used in connection
with that activity to determine if the same is in a safe condition.
They shall make a written recommendation to the Municipal Clerk as
to whether the application can be approved consistent with public
health, safety and welfare, and if so, whether any special conditions
should be imposed.
[Ord. #1453, 4-10-2001; adopted; Ord. #1885, 7-25-2006, amended;
Ord. #2322, 11-24-2015, amended]
a.
A certificate of insurance is required and must specifically name
the Township of Bernards as an additional insured on general liability
coverage, on a primary and noncontributory basis, and shall confirm
that the coverage afforded includes a waiver of subrogation in favor
of the Township. Insurance is to be placed with an insurance company
admitted to conduct business in the State of New Jersey and rated
A III or better by A.M. Best. General liability coverage for property
damage or bodily injury must be evidenced on said certificate with
minimum limits of liability of not less than:
[Ord. #2414, 4-23-2019, amended]
1.
One million dollars general liability each occurrence; or
2.
Three million dollars liquor liability each occurrence, if the applicant
is in the business of manufacturing, distributing, selling, serving
or furnishing alcoholic beverages; or
3.
Three million dollars host liquor liability each occurrence if liquor
will be present and the applicant is not in the business of manufacturing,
distributing, selling, serving or furnishing alcoholic beverages.
b.
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.
c.
Any applicant that is included for general liability coverage in
the same joint insurance fund as the Township shall be exempt from
the requirements listed in Subsection 4-4.6a1, 2 and 3 above.
[Ord. #2414, 4-23-2019, amended]
d.
If the show, special event, public exhibition, amusement device or
fireworks will take place in or on municipal property, premises, and/or
facilities, then an executed hold-harmless agreement in favor of the
municipality must be signed by the prospective licensee.
[Ord. #2414, 4-23-2019, amended]
e.
With respect to amusement rides and/or fireworks on municipal property,
premises and/or facilities, the amusement ride contractor and/or the
fireworks contractor must also sign a hold-harmless agreement in favor
of the municipality, and provide evidence of any and all insurances
as recommended by the Risk Manager.
[Ord. #1453, 4-10-2001, adopted; Ord. #1885, 7-25-2006, amended]
If a public street is to be closed pursuant
to a license issued under this section, the applicant shall be personally
responsible to deliver a written notice of the closing to each resident
located along the portion of the street to be closed. Such notice
shall state the date and hours when the street is to be closed, identify
the portion of the street which is to be closed, and include the following
language: "During the hours of the street closing, no motor vehicles
may be operated on the street, except for an emergency. You may wish
to park your vehicle outside the closed area before the closing takes
effect." Such notices shall either be mailed at least 10 days before
the closing, or delivered by and at least seven days before the closing.
Notices may be left at the premises in a place reasonably calculated
to enable the occupant to find them, but shall not be hung on an exterior
doorknob or otherwise left in a place readily visible to passersby.
[Ord. #1453, 4-10-2001, adopted; Ord. #1885, 7-25-2006, amended]
The fees for licenses issued under this section
shall be as follows:
[Ord. #1453, 4-10-2001, adopted; Ord. #1885, 7-25-2006, amended]
Events sponsored by the Township of Bernards,
the Bernards Township Board of Education; and the Fire and Rescue
Services of the Township of Bernards shall be exempt from license
fees under this section.
[Ord. #1885, 7-25-2006, added]
All applications submitted less than 60 days
prior to an event will be assessed a late fee of $100.
[Ord. #1453, 4-10-2001, adopted; Ord. #1885, 7-25-2006, amended]
a.
In addition to the license fee, the applicant shall
be responsible to reimburse the Township for the cost of support staff
used in conjunction with the event. These costs may include but not
be limited to Police, Public Works, Recreation and Grounds Maintenance.
b.
Prior to issuance of the license, the applicant shall
be provided with a cost estimate of these expenses prepared by the
Township Administrator, and a list of conditions recommended by the
Chief of Police, Health Officer, Township Risk Manager, Director of
Recreation, Fire Prevention Officer and Construction Official. The
applicant shall confirm in writing his or her acceptance of these
estimated costs and conditions.
c.
The applicant shall be responsible to deposit into
an escrow account, payment of these costs, or a reasonable estimate
thereof, at the time the completed application is approved by the
Township Committee.
[Ord. #1885, 7-25-2006, added]
The standards for the issuance of a permit pursuant
to this chapter shall include the following findings:
a.
That the proposed event or amusement device will not
unreasonably interfere with or detract from the general public enjoyment
and use of the public property to be utilized.
b.
That the proposed activity and use will not unreasonably
interfere with or detract from the promotion of public health, welfare,
safety, and scheduled recreation activity.
c.
That the proposed activity or uses that are reasonably
anticipated will not be likely to include violence, crime, or disorderly
conduct.
[Ord. #1453, 4-10-2001, adopted; Ord. #1885, 7-25-2006, amended]
The date of the event shall be confirmed only
upon passage of a resolution by the Township Committee.
