The following definitions shall apply to the
interpretation and enforcement of this chapter:
AMUSEMENT PROMOTION
An outdoor activity restricted to the use of kiddy rides
and kiddy games which may only operate without charge.
BAZAAR
An outdoor activity restricted to the sale of homemade food
and beverage, used clothing, homemade or handmade merchandise and
bric-a-brac, both new and used.
BLOCK PARTY
An outdoor activity restricted to the use of kiddy rides,
food and drink concessions and strolling vendors.
CARNIVAL
An outdoor activity restricted to adult and kiddy rides,
adult and kiddy games, food, drink, souvenir concessions and entertainment
for which there is no admission charge.
CIRCUS
An outdoor activity restricted to the exhibition of animals
and the performance of animal acts, high wire and similar acts of
any kind, including clowns, and the sale of food and beverage, balloons,
pennants, souvenirs and similar small items.
CITY
The City of East Orange.
CONCERT
An outdoor event for which there is an admission charge,
restricted to the use of singers, singing groups and musicians, using
electrically amplified equipment, and the sale of food, beverage and
items, such as tapes, records, T-shirts and souvenirs.
CONCESSION
A single game of chance or skill, a single food or beverage
booth, stand or mobile vehicle from which merchandise is dispensed,
or a single amusement ride.
CONCESSIONAIRE
A person who operates or participates in the running or operation
of one or more concessions, a vendor or an operator.
EXEMPT CITY OFFICIAL
The Mayor of the City of East Orange and the City Councilperson
or Councilpersons acting in their official capacity. This exemption
shall not apply to activity that is commercial in nature.
[Added 6-24-2019 by Ord.
No. 19-2019]
FAIR
An outdoor activity restricted to the use of kiddy rides,
kiddy games, food and drink concessions and strolling vendors.
FESTIVAL
An outdoor activity restricted to the sale of food and beverage.
FLEA MARKET
An open market, usually held outdoors, where used household
goods, antiques and inexpensive items are sold.
[Added 12-27-2005 by Ord. No. 32-2005]
LICENSE
The permission, in writing, of the Subdivision of Licensing
of the City of East Orange, issued in accordance with the provisions
of this chapter.
[Amended 12-27-2005 by Ord. No. 32-2005]
LICENSEE
The individual person named as agent for the sponsor on the
outdoor activity license application, who executes the same, accepting
ultimate responsibility for the operation of the outdoor activity.
MARCH
An organized procession of demonstrators who are supporting
or protesting something.
[Added 12-27-2005 by Ord. No. 32-2005]
MOTORCADE
A procession of motor vehicles, as in a parade.
[Added 12-27-2005 by Ord. No. 32-2005]
OPERATOR
A person who engages in the sale or dispensation of food
or merchandise or participates in the running of games of skill or
chance or the running of amusement rides.
OUTDOOR ACTIVITY
Any activity conducted outdoors or within or about tents
or other such contrivances within the City in the nature of and including
but not limited to fairs; carnivals; festivals; the operation of rides;
revivals; block parties; amusement promotions; flea markets; garage,
porch or yard sales; bazaars; cake and food sales; and circuses, which
are open to the public at large; temporary outdoor displays of merchandise,
vehicles or manufactured products; promotions, gatherings of people
and similar activities, excluding sidewalk sales for which an encroachment
has been obtained from the Engineering Department.
[Amended 12-27-2005 by Ord. No. 32-2005]
PARADE
An organized public procession on a festive or ceremonial
occasion; to march or walk in a procession.
[Added 12-27-2005 by Ord. No. 32-2005]
PERSON
Every natural person, entity, association or corporation,
whether profit or nonprofit.
PICKETING
Any person or group of persons present outside a building
to protest.
[Added 12-27-2005 by Ord. No. 32-2005]
PROMOTER
Any person who organizes, owns, operates and manages an outdoor
activity, carnival, fair, festival, group of amusement rides or booths.
[Amended 12-27-2005 by Ord. No. 32-2005]
RALLY
To call together for a common purpose, assemble a gathering,
especially one intended to inspire enthusiasm for a cause (includes
prayer vigils).
[Added 12-27-2005 by Ord. No. 32-2005]
REVIVAL
An outdoor religious gathering which imposes no charges other
than voluntary contributions, with limited food and beverage privileges.
RIDE (ADULT)
Any mechanical amusement device designed for and capable
of carrying or transporting one or more fully grown people.
RIDE (KIDDY)
Any mechanical amusement device designed for carrying or
transporting one or more small children.
SITE PLAN (PRELIMINARY)
A sketch or diagram which outlines the perimeter of an area
or site for which an outdoor activity license is being requested.
It shall further diagram streets both inside and bordering the area
or site.
SPONSOR
The person or entity named in the application for the outdoor
activity license on behalf of which or whom the outdoor activity is
to be held and which or who retains responsibility, including ultimate
financial responsibility, for the operation of the outdoor activity.
VENDOR
A person who, during the life of the license for an outdoor
activity, operates a booth or a stand or otherwise occupies space
in which he conducts games of skill or chance or dispenses food, beverage
or the like and merchandise of any kind.
[Amended 12-27-2005 by Ord. No. 32-2005]
VENDOR (STROLLING)
A person who, during the life of the license for an outdoor
activity, dispenses food, beverage or merchandise of any kind from
a portable container, tray or pushcart, and who is not confined to
a fixed location.
[Amended 12-27-2005 by Ord. No. 32-2005]
WALK-A-THON
A walk or run covering a considerable distance, organized
especially to support or raise money for a cause.
[Added 12-27-2005 by Ord. No. 32-2005]
[Amended 6-24-2019 by Ord. No. 19-2019]
A. The purpose of this chapter is the regulation, through
licensing and inspections, of outdoor activities to be conducted in
the City on public or private property and for the protection of the
health, welfare and safety of the public in general.
B. The licensing requirement under this chapter shall not be required
by an exempt City official as defined herein. However, the appropriate
applications need be filed as notice to all City departments that
need to provide for the event.
[Amended 12-27-2005 by Ord. No. 32-2005]
All license fees indicated on the accompanying
chart are nonrefundable and payable in advance to the Subdivision
of Licensing. Unless otherwise indicated on the accompanying chart,
all outdoor activity licenses are limited to one per year per sponsor.
[Amended 12-27-2005 by Ord. No. 32-2005]
A. All sponsors or licensees must utilize the services of the East Orange Police Department during the operation of certain designated activities that the Subdivision of Licensing and Police Director deem necessary. Such services must be paid for at the prevailing East Orange Police Department overtime rates and shall be subject to the provisions of Article
XVI, Chapter
60, §
60-95 et seq., of the Code of the City of East Orange.
B. Upon the written approval of the Police Director,
sponsors or licensees may provide for their own security.
[Amended 12-27-2005 by Ord. No. 32-2005]
The licensee shall not suffer, permit or allow
any games of skill, games of chance and gambling in any form to be
engaged in on the site of the outdoor activity except as permitted
and regulated by federal law, Title 5 of the New Jersey Statutes,
Title 13 Chapter 47 of the New Jersey Administrative Code and the
Code of the City of East Orange. Evidence of approval by the State
of New Jersey or the City Clerk, when applicable, for all games of
chance or skill must be presented to the Subdivision of Licensing
and the Police Director or his designee no later than one week prior
to the first day of operation of the outdoor activity.
[Amended 12-27-2005 by Ord. No. 32-2005]
A. Insurance for any outdoor activity held on City-owned
property may be required at the discretion of the Subdivision of Licensing
and the Police Director. Each application shall be reviewed by the
Subdivision of Licensing and the Police Director or his designee,
and their determination to require insurance shall be based on factors
such as the volatility of the activity, prior similar activities,
the time, place and manner in which the activity will be held and
other relevant conditions.
(1) Upon request, the sponsor shall furnish to the Subdivision
of Licensing evidence of a liability insurance policy to be in the
amount of $1,000,000/$3,000,000 to be in effect during the life of
the outdoor activity license, with the Mayor, City Council and the
City of East Orange as named insured, indemnifying the City of East
Orange and holding the City harmless.
(2) In addition, the Subdivision of Licensing may require
the sponsor to furnish evidence of property damage insurance in the
amount of $30,000 also indemnifying the City, which insurance shall
also be in effect during the life of the outdoor activity license.
(3) The insurance requirement does not include City-sponsored
activities.
B. For any outdoor activity at which animal rides, kiddy
rides and adult rides will be operated, the sponsor, operator or promoter
shall furnish to the Subdivision of Licensing evidence of a public
liability insurance policy to be in the amount of $1,000,000/$3,000,000
to be in effect during the life of the outdoor activity license.
[Amended 12-27-2005 by Ord. No. 32-2005]
The sponsor, licensee, the promoter and vendors/operators/concessionaires
or their agents shall, upon conviction of a violation of provisions
of this chapter, be punishable by a fine not exceeding $2,000, incarceration
not exceeding 90 days, and/or 90 days of community service, per violation.
Each day a violation persists shall be a separate violation.