[HISTORY: Adopted by the City Council of
the City of East Orange 4-11-1983 by Section
3 of Ord. No. 19-1983. Amendments noted
where applicable.]
GENERAL REFERENCES
Land use — See Ch. 51.
Peddlers, solicitors and mobile food vendors — See Ch. 118.
Curfew — See Ch. 127.
Hours of operation — See Ch. 138.
Licenses and fees — See Ch. 170.
Littering — See Ch. 172.
Loitering — See Ch. 173.
Noise pollution — See Ch. 184.
Parental responsibility — See Ch. 190.
Public parks — See Ch. 193.
Peace and good order — See Ch. 198.
Poles and wires — See Ch. 203.
Recreational facility fees — See Ch. 214.
Streets and sidewalks — See Ch. 238.
Vehicles and traffic — See Ch. 260.
Board of Health regulations — See
Part IV of the Code.
The following definitions shall apply to the
interpretation and enforcement of this chapter:
An outdoor activity restricted to the use of kiddy rides
and kiddy games which may only operate without charge.
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.
An outdoor activity restricted to the use of kiddy rides,
food and drink concessions and strolling vendors.
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.
[1]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.
The City of East Orange.
The City Council of the City of East Orange.
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.
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.
A person who operates or participates in the running or operation
of one or more concessions, a vendor or an operator.
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]
An outdoor activity restricted to the use of kiddy rides,
kiddy games, food and drink concessions and strolling vendors.
An outdoor activity restricted to the sale of food and beverage.
[2]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]
An outdoor activity restricted to the sale of used merchandise
and bric-a-brac of a household nature.
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]
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.
An organized procession of demonstrators who are supporting
or protesting something.
[Added 12-27-2005 by Ord. No. 32-2005]
A procession of motor vehicles, as in a parade.
[Added 12-27-2005 by Ord. No. 32-2005]
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.
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]
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]
Every natural person, entity, association or corporation,
whether profit or nonprofit.
Any person or group of persons present outside a building
to protest.
[Added 12-27-2005 by Ord. No. 32-2005]
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]
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]
An outdoor religious gathering which imposes no charges other
than voluntary contributions, with limited food and beverage privileges.
Any mechanical amusement device designed for and capable
of carrying or transporting one or more fully grown people.
Any mechanical amusement device designed for carrying or
transporting one or more small children.
A detailed diagram to scale, as required by § 188-3B(10) of this chapter.
[Amended 2-23-2015 by Ord. No. 7-2015]
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.
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.
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]
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]
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.Â
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.Â
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.
A.Â
General provisions.
(1)Â
No application for a license for outdoor activities
shall be considered unless and until the sponsor desiring to conduct
the outdoor activity shall have made and signed a written application
to the Subdivision of Licensing for a license, in the form provided
by the City, and paid the proper fee therefor. Each application must
be completed with a preliminary site plan and delivered to the Subdivision
of Licensing not less than 45 days prior to the first day of operation
of the proposed outdoor activity. The aforementioned restrictions
may be waived by the City Administrator.
[Amended 12-27-2005 by Ord. No. 32-2005]
(2)Â
No outdoor activity license shall issue for more than
one carnival, circus or concert, or any combination thereof, to be
held within the same calendar week.
(3)Â
No more than an aggregation of eight carnivals or
circuses may be held within one calendar year.
B.Â
The outdoor activity license application shall be
denied upon failure to meet the following requirements within the
prescribed time limits:
[Amended 9-26-1983 by Ord. No. 39-1983; 5-12-1986 by Ord. No. 7-1986; 5-27-1986 by Ord. No. 25-1986; 12-27-2005 by Ord. No. 32-2005]
(1)Â
The sponsor must, at least 20 days prior to the proposed opening date of the outdoor activity, obtain from the City Council permission to use property owned by the City. Marches, motorcades, parades, picketing, rallies and walk-a-thons shall not be subject to the requirements of this subsection unless otherwise determined pursuant to § 188-3C.
(2)Â
When applicable, the sponsor must request and obtain
permission to close the street or streets upon which the sponsor intends
to conduct the outdoor activity pursuant to N.J.S.A. 40:67-16.9.
(3)Â
Where required, the sponsor must obtain the approval
by the Fire Department upon a satisfactory examination of the premises
with respect to compliance with Fire Department regulations as hereinafter
set forth in the fire prevention section of this chapter.[1]
|
City Council may approve a resolution each year
authorizing the Tax Collector or her designee to close certain streets
for preapproved outdoor activities during the months of June through
December. All applications for such activities shall be reviewed and
approved at the discretion of the Tax Collector or her designee.
|
(4)Â
Deposits.
(a)Â
The sponsor shall put on deposit with the Subdivision
of Licensing, at the time of filing of the application, in cash or
certified check made payable to the City, the following amounts:
|
Activity
|
Amount of Deposit
| |
|---|---|---|
|
Amusement promotions
|
$1,5001
| |
|
Bazaars
|
$Â Â 1001
| |
|
Block parties
|
$Â Â Â Â 0
| |
|
Carnivals
|
$2,500
| |
|
Circuses
|
$2,500
| |
|
Concerts
|
$2,500
| |
|
Fairs
|
$1,5001
| |
|
Festivals
|
$1,5001
| |
|
Flea markets
|
$1,5001
| |
|
Garage, yard and porch sales
|
_____
| |
|
Revivals
|
$1,5001
| |
|
NOTES:
| ||
|
1 Except when held
on tax-exempt property owned by the sponsor.
| ||
(b)Â
Deposits are to ensure that, upon termination
of the outdoor activity, the general area where the outdoor activity
has been conducted will be left in good condition, cleaned up and
cleared of all paper, litter, refuse, waste materials and debris within
one day from the termination of the outdoor activity and to cover
any extraordinary expenses incurred by any department of the City
as a result of the operation of the outdoor activity. If any person
fails to meet this requirement, the City, in its discretion, may clean
and restore the area to its condition prior to the outdoor activity,
deducting the cost of the cleanup from the deposit as liquidated damages
and not as a penalty. Restoration shall include, but not be limited
to, damage to curbs, sidewalks, pavement and shrubbery in the public
rights-of-way.
(5)Â
The sponsor shall provide copies of all agreements
relating to the operation of the outdoor activity to the Subdivision
of Licensing no later than two weeks prior to the first day of operation
or, if none exist, so state.
(6)Â
The approval of the Police Director must be obtained, upon a satisfactory examination of the site plan and premises with respect to security, law enforcement and lighting as it pertains to safety and security. The evidence of the approval of the Police Director or his designee shall be submitted to the Subdivision of Licensing no later than one week prior to the first day of operation of the outdoor activity. Garage, yard and porch sales shall be exempt from the preceding requirement when the activity is confined to property owned by the sponsor. When applicable, the sponsor or licensee shall comply in all respects with § 188-5, Security, of this chapter.
(7)Â
Excluding garage, porch and yard sales conducted on property owned by the sponsor, the sponsor must obtain the approval by the Health Officer of the City or his designee upon a satisfactory demonstration that all health and sanitary requirements, regulations and licensing are being adhered to by the sponsor, licensee, promoter and vendor/operator of the outdoor activity, as provided for in Chapter 12 of the New Jersey State Sanitary Code and Chapters 270, 276,[2] 282 and 292 of the Code of the City of East Orange, all
of which are incorporated by reference herein as if fully set forth.
The sponsor and the promoter of an outdoor activity shall provide
a sufficient number of temporary or permanent toilet facilities for
use at the site of the outdoor activity. The number of toilet facilities
required shall be determined by the Health Officer of the City or
his designee and the Subdivision of Licensing. The sponsor shall provide
a first-aid station approved by the Health Officer. The first-aid
station shall be equipped to treat minor injury and illness until
emergency services arrive on the scene. Where they exist, all food
and drink concessions must display in a prominent place an approval
certificate from the Health Department of the City prior to being
allowed to operate.
(8)Â
The approval by the Director of Public Works or his designee must be obtained, upon a satisfactory examination of the site plan and premises with respect to compliance with Chapters 203, 238 and 260 of the Code of the City of East Orange and other applicable ordinances and regulations of the City and state statutes over which the Director of Public Works has jurisdiction.
(9)Â
The sponsor or licensee of an outdoor activity shall
provide a minimum of eight temporary litter and refuse receptacles
at the site of the outdoor activity and shall provide for the regular
collection of the contents of the receptacles. The number (if more
than eight are deemed necessary), type and placement of the receptacles
shall be approved by the Director of Public Works or his designee.
(10)Â
Final site plan.
(a)Â
The submission and approval of a final site
plan which reflects any changes from the preliminary site plan and
further details, when applicable, including the following:
[1]Â
Sanitary facilities and sewage disposal sites.
[2]Â
Refuse disposal sites.
[3]Â
Location of mobile and fixed food vending operations
and cooking or other heat- or flame-producing devices.
[4]Â
Fire hydrants and waterlines.
[5]Â
Traffic flow.
[6]Â
Parking.
[7]Â
Security.
[8]Â
Location of rides by type, including booths
and generators.
[9]Â
Location of games.
[10]Â
Living quarters.
[11]Â
Access for emergency services, including but
not limited to ambulances, firefighting and fire-prevention equipment
and police vehicles.
[12]Â
Location of stands, booths, vehicles and tables
from which merchandise is to be sold or dispensed, identified by type.
[13]Â
All streets and rights-of-way within and bordering
upon site areas.
(b)Â
A final site plan shall not be required for
garage, yard and porch sales when activity is confined to property
owned by the sponsor. A final site plan must be submitted to the Subdivision
of Licensing no later than 17 days prior to the first day of operation
of the outdoor activity. The final site plan, where required, shall
be approved by the Police Department, Fire Department, Health Department,
Engineering Department, Subdivision of Licensing no later than one
week prior to the first day of operation of the outdoor activity.
(11)Â
All electrical requirements, regulations and licensing
shall be adhered to by the sponsors, promoters and vendors/operators
of the outdoor activity as provided for in the Code of the City, of
which the applicable sections are hereby incorporated by reference
herein as if fully set forth. Electrical connections and other utility
connections, if any, shall be approved by the appropriate City official(s).
(12)Â
Where the license being applied for involves the use
of adult and kiddy rides, evidence of a current approved inspection
by the State of New Jersey must be prominently displayed prior to
their becoming operational.
(13)Â
Prior to conducting business, all vendors, strolling
vendors, operators and concessionaires, where they are utilized, must
be registered with the Subdivision of Licensing by name, home and
business addresses and activity in which each will engage during the
life of the license of the outdoor activity and must be prepared to
properly identify themselves upon request.
(14)Â
No outdoor activity license shall issue for circuses,
carnivals, fairs and concerts unless, one week prior to the first
day of operation of the outdoor activity, the sponsor shall furnish
to the Subdivision of Licensing satisfactory proof of the sponsor's,
vendor's, operator's, concessionaire's and promoter's compliance with
the provisions of N.J.S.A. 34:15-71, Employer's obligation to injured
employee.
C.Â
Motorcade, march, parade, rally or walk-a-thon. Before
any sponsor or licensee shall conduct a motorcade, march, parade,
rally, picket or walk-a-thon within the City, a license must first
be obtained from the Subdivision of Licensing, which, prior to the
issuance thereof, shall be approved by the Police Director or his
designee. Application for such license shall be made 30 days prior
to the proposed activity and state, where applicable, the route to
be followed, location, number of persons, vehicles and floats that
will participate, length of time, anticipated security concerns and
such other factors deemed relevant by the Subdivision of Licensing
and the East Orange Police Department. The application deadline may
be waived by the City Administrator. The appropriate provisions of
this chapter shall apply to the aforementioned activities as determined
by the Subdivision of Licensing and East Orange Police Department
but shall not apply to funeral processions.
[Added 12-27-2005 by Ord. No. 32-2005]
[Amended 12-27-2005 by Ord. No. 32-2005]
All license fees indicated on the accompanying
chart[1] 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.
[1]
Editor's Note: Said chart is included at the end of this chapter.
[Amended 12-27-2005 by Ord. No. 32-2005]
A.Â
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.Â
Upon the written approval of the Police Director,
sponsors or licensees may provide for their own security.
A.Â
The sponsor and vendors, with the consent of the Fire
Department, shall be authorized to install, hook and connect to fire
hydrants specially marked by the Fire Department a master hose or
other water-carrying device to supply water to the booths and stands
operating at the outdoor activity, subject to the following provisions:
[Amended 12-27-2005 by Ord. No. 32-2005]
(1)Â
The Fire Department, in its sole discretion, shall
determine which fire hydrants will be used as hereinabove stated.
(2)Â
The sponsor and vendors shall maintain all fire hydrants
within the perimeter of the outdoor activity free and clear of any
obstruction, with the closest object located next to a fire hydrant
at no less than 10 feet in any direction from its geometrical center.
(3)Â
The sponsor and vendors shall meet and observe at
all times the requirements of the Board of Water Commissioners of
the City.
B.Â
Anyone operating a booth or stand in which there is
heating or cooking apparatus for the preparation of food shall keep
at all times, in a visible, easily accessible location within the
booth or stand, a fully charged fire extinguisher of the kind classified
as 1A-5BC multipurpose dry chemical.
C.Â
All doors or gates on entrances to and exits from
the premises where the outdoor activity shall be conducted shall be
kept open and unobstructed during the hours of operation of the activity
in order to facilitate the rapid ingress or egress of all persons
attending. In case of an emergency, the enclosed outdoor area must
have at least two means of egress.
D.Â
It shall be the obligation and duty of the licensee
to maintain, for the duration of the outdoor activity, an unimpeded
and unobstructed lane for emergency traffic at least 15 feet in width
for the rapid ingress and egress of vehicles required for emergencies
or other governmental purposes.
E.Â
Any tents used in connection with the outdoor activity
larger than 120 square feet are required to be in compliance with
BOCA Fire Prevention Code, Section F1800.0 with regard to flame resistance,
and Section F-1803.0, Fire Safety Requirements, with respect to combustible
materials in tents, and have at least two unobstructed exits. No exposed
flame from any source shall be maintained or used inside a tent or
within 20 feet of a tent.
[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.Â
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)Â
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)Â
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)Â
The insurance requirement does not include City-sponsored
activities.
B.Â
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.
A.Â
Card games, video games, pinball machines and the
dispensing of alcoholic beverages shall be prohibited at all outdoor
activities. Failure to comply with this subsection will result in
suspension or revocation of the outdoor activity license in addition
to other penalties enumerated herein or elsewhere in the Code of the
City of East Orange or in Title 2C of the New Jersey Statutes.
B.Â
The outdoor activity license or that of any vendor/operator/concessionaire
may be revoked or suspended by the Subdivision of Licensing, after
notice and hearing, at any time during the life of such license for
any violation by the sponsor, licensee, promoter or individual vendor/operator/concessionaire
of any provision of this chapter, any violation of the Code of the
City of East Orange or violation of any applicable state or federal
law. The revocation or suspension may be in addition to the penalties
set forth in the general penalties section of this chapter.
[Amended 12-27-2005 by Ord. No. 32-2005]
C.Â
When any public official employed by either the Subdivision
of Licensing, the Police Department, the Fire Department or the Health
Department determines that an imminent hazard to life, health or safety
has been created by any facet of the operation of the outdoor activity,
he shall have full power and authority to require the immediate cessation
of the operation of the entire outdoor activity, or any part thereof,
until such time as the hazardous condition is abated.
[Amended 12-27-2005 by Ord. No. 32-2005]
[Amended 12-27-2005 by Ord. No. 32-2005[1]]
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.
