[HISTORY: Adopted by the Township Council of the Township of Pohatcong 4-18-2006 by Ord. No. 06-8. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 86.
Littering — See Ch. 182.
Noise — See Ch. 191.
Peace and good order — See Ch. 206.
Peddling, soliciting and transient merchants — See Ch. 208.
A. 
A person(s), partnership, corporation, association, organization and/or any entity desiring to hold a special event, or seasonal special event, as defined in this chapter, upon any property, including, but not limited to, sidewalks, roads and/or rights-of-way, whether public or private, within the Township of Pohatcong, must first apply for and obtain a permit from the Township Clerk in accordance with the requirements of this chapter.
[Amended 4-19-2016 by Ord. No. 16-05]
B. 
"Special event" shall include public gatherings of any nature, which are likely to require the expenditure of Township resources in the form of Department of Public Safety and/or Department of Public Works salaries, wages, or the expenses. These include, but are not limited to, concerts, festivals, parades, dances, theatrical performances, exhibitions, and outdoor shows, which may involve the closing of a public street or right-of-way; the blocking or restriction of public property; the sale of merchandise, food, or beverages on public or private property; the installation of a stage, band shell, trailer, van, portable building, grandstand, or bleachers, on public or private property; the placement of portable toilets on public or private property; or placement of temporary "no parking" signs on a public right-of-way or street. The term shall not include gatherings that are not open to the general public, including, but not limited to, birthday parties, graduation parties, wedding receptions, and such other similar, private celebrations.
C. 
"Seasonal special event" shall include a special event as defined in Subsection B above that is held regularly during a specified season of not more than three months, with the special event limited to a maximum of two days per week.
[Added 4-19-2016 by Ord. No. 16-05]
A. 
At least 30 days prior to the scheduled date of the special event, the person(s), partnership, corporation, association, organization and/or any entity seeking issuance of a permit hereunder shall file the application with the Township Clerk on a form to be provided by the Clerk for that purpose, on which form the applicant shall furnish the following information:
(1) 
The name, address, and telephone number of the applicant.
(2) 
The name, address, and telephone number of the person(s), partnership, corporation, association, organization and/or any entity sponsoring the event, including a contact individual in the event further information is required.
(3) 
A detailed description of the proposed event and a sketch that would show the area or route to be used, along with proposed structures, tents, fences, barricades, signs, banners, and rest room facilities, more commonly referred to as a "footprint."
(4) 
The date(s) and hours for which the permit is desired.
(5) 
The location of the event for which the permit is desired, and complete details as to how the applicant intends to provide for security and traffic control.
(6) 
The number of contestants, participants, spectators, and/or other people that could reasonably be anticipated to attend the event.
(7) 
A statement indicating whether the applicant is requesting police, fire, or ambulance coverage for the event.
(8) 
Any other information which the Township Council shall find reasonably necessary to a fair determination as to whether a permit should be issued hereunder.
B. 
An application for a permit shall be accompanied by an application fee made payable to the Township of Pohatcong in the amount of $50.
A. 
The application shall be reviewed initially by the Chief of Police or his designee, and the Chief of Police shall provide either a verbal or written report to the Township Council during its next regularly scheduled meeting. In the event that the Chief of Police requires additional information, he shall be authorized to undertake the necessary investigation in order to provide a complete report to the Council. The Council shall make the final determination, by resolution, adopted by majority vote, whether to issue a permit for a special event, and shall set forth in the resolution such conditions and restrictions as may be reasonably necessary to ensure that the standards set forth in § 238-4 are satisfied.
B. 
The Township Council may condition the issuance of a special event permit upon the applicant remitting a sum equivalent to the estimated expenses for police coverage, clean-up and maintenance by the Department of Public Works and any other expense specifically associated with the conduct of the special event. Any such deposit required shall be remitted prior to the permit being released by the Township Clerk. The permittee shall be responsible for all additional costs not covered by the deposited funds with respect to any additional resources needed, such as but not limited to manpower and/or equipment. If the funds deposited exceed the actual cost to the Township, the balance shall be refunded to the permittee within 30 days following the conclusion of the event.
The standards for the issuance of a permit pursuant to this chapter shall include the following findings:
A. 
That the proposed event will not unreasonably interfere with or detract from the general public enjoyment of any public property to be utilized.
B. 
That the proposed event and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety, and recreation.
C. 
That the proposed event or uses that are reasonably anticipated will not be likely to include violence, crime, or disorderly conduct.
D. 
That the facilities desired have not been reserved for other use at the date and hour requested in the application.
A. 
Liability. A permittee shall be bound by all applicable Township ordinances, rules, and regulations, except as may be expressly waived in the resolution granting the permit. The person or persons to whom the permit is issued shall be liable for all loss, damage, or injury sustained by any person whatsoever by reason of the negligence of the person or persons to whom such permit shall have been issued. The permittee may be required to submit to the Township Clerk prior to the event evidence of liability insurance in an amount required by the Township Council, naming the Township as an additional insured.
B. 
Revocation. The Chief of Police shall have the authority to revoke a permit and terminate any special event should the event be conducted in violation of the terms set forth in the resolution authorizing the issuance of the permit.
A. 
A person(s), partnership, corporation, association, organization and/or any entity commits an offense if he/she/it:
(1) 
Commences or conducts an event without a permit; or
(2) 
Fails to comply with any requirement or provision of an event permit issued under this chapter.
B. 
A person(s), partnership, corporation, association, organization and/or any entity that violates a provision of this chapter shall be guilty of a separate offense for each day or part thereof during which the violation is committed or continued. Each offense shall be punishable by one or more of the following: a fine of not more than $2,000, imprisonment for a period not to exceed 90 days in the county jail or a period of community service not to exceed 90 days.[1]
[1]
Editor's Note: For current penalty provisions, see Ch. 153, General Penalty.
A. 
The Police Department of the Township shall, in connection with its duties imposed by law, diligently enforce the provisions of this chapter.
B. 
The Police Department of the Township shall have the authority to eject from public property a person(s), partnership, corporation, association, organization and/or any entity acting in violation of this chapter.
C. 
The Police Department of the Township shall have the authority to seize and confiscate any property, thing, or device in or on public property used in violation of this chapter.
The Township Council may by majority vote waive the requirements of this chapter if the event to be held does not exceed a total of 75 participants. All events sponsored by the Township Council, any Township board or commission, the School Board, the Volunteer Fire Department, and all athletic events conducted by the youth association shall be exempt from provisions of this chapter.