[HISTORY: Adopted by the Borough Council of the Borough of Caldwell as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-22-2010 by Ord. No. 1215-10]
No person or entity organizing any event, activity, parade, or gathering of people for any purpose on Borough property shall conduct any such event, activity, parade, or gathering, including but not limited to activities, events, parades, or gatherings for entertainment, education, and amusement purposes, (collectively such activities, events, gatherings and parades shall be referenced as an "event" or "events" herein) without first applying for and obtaining a permit to conduct such event, from the Borough Administrator.
All applications pursuant to this chapter for a permit to conduct any event shall be on a form prepared by the Borough Administrator and shall be obtained by the applicant from the Borough Clerk. The application shall request information as follows:
The name and address of the person responsible for the activity, event or gathering. If the person is not an individual, the name and address of the individual making the application on behalf of the person.
The date and location that the event will take place.
A general description of the event, together with an estimate of the number of people that are expected to participate or attend.
If a contractor is to be employed to operate, supervise or organize any part of the event, the name and address of such contractor or contractors.
An explanation of the manner in which the property will be kept free of litter and other debris during the event, and the method by which the property will be restored after the event.
Proof that the applicant possesses a general liability insurance policy in an amount insuring the applicant against all risks in connection with the event. Minimum amounts of insurance required are as follows:
Types and amounts of insurance.
If the applicant intends to utilize the services of any contractor or vendor, the applicant shall provide proof that the contractor and/or vendor, as the case may be, possess minimum insurance as set forth above.
In all instances, proof shall be required that the Borough of Caldwell is an additional insured on all insurance policies and/or riders to any policy.
An indemnification agreement indemnifying the Borough against all liability claims arising out of or in connection with the event.
Certification that the applicant will comply with all federal, state and municipal laws and regulations governing the event, and if any license or permit of any other governing body or agency is required, proof that the applicant has obtained such license or permit.
An explanation of the manner of policing the activity.
The application must be completed in full and submitted by the applicant to the Borough Administrator at least 45 days prior to the proposed event. The Administrator may, where good cause is shown, consider an application for approval in accordance with this chapter which is filed less than 45 days before the date of the event.
The application shall be accompanied by the fee as set forth in Chapter A270-1, the Borough Fee Ordinance.
No permit required by this chapter shall be issued by the Borough Administrator unless the applicant, through the answers provided to the questions in the application, demonstrates that it can comply with the insurance and safety requirements, as applicable, and has paid the appropriate fee for the issuance of the permit. Prior to issuing the permit, the Borough Administrator may confer with any other Municipal official who the Administrator believes, in the Administrator's sole discretion, can assist the Administrator in determining that the event can be conducted without jeopardizing the safety, health and welfare of the citizens of the Borough of Caldwell.
In addition to the requirements set forth in any other section of this chapter, no person shall conduct any parade, march, ceremony, show, exhibition, pageant or procession of any kind, or any similar display (collectively referred to as a "parade"), excepting funeral processions and supervised educational activities, in or upon any street, park or other public place in the Borough without first obtaining a parade permit from the Borough Administrator.
All applications pursuant to this section for a parade permit shall be on a form prepared by the Borough Administrator and shall be obtained by the applicant from the Borough Clerk. The application shall request information, in addition to the information required by § 101-2 herein, as follows:
The date of the parade and the time is which the parade is to be conducted.
The assembly area for parade participants and the time which participants will begin to gather.
The starting point, the route, and the termination point.
A statement whether all or parts of the streets in the route will be utilized.
The approximate number of people who will participate in the parade, the approximate number and type of vehicles in the parade, and the number and type of animals that will participate in the parade.
Any additional information that the Borough Administrator finds reasonably necessary in order to make a fair determination as to whether to issue a parade permit.
Despite anything contained in this chapter to the contrary, no parade permit shall be granted to any applicant if the primary purpose of the parade is to advertise any product, goods or event, or if the parade is to be held solely for private profit.
The Borough Administrator shall issue a parade permit as provided in this chapter when the Administrator finds from a consideration of the application and from such other information as may otherwise be obtained, that:
The parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route.
The parade will not impair the ability of the Borough Police officers or other public safety personnel to provide adequate police and public safety protection to the Borough.
The parade is not reasonably likely to cause injury to persons or property, or to provoke disorderly conduct or to create a disturbance.
The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route.
Every parade permit shall state the following information:
The identity of the permittee.
The parade route and the portions of streets to be traversed.
The time period in which the parade will be conducted.
The minimum and maximum speed of the parade vehicles.
The minimum and maximum interval of space to be maintained between the units of the parade.
Such other information as the Administrator shall find necessary to the enforcement of this chapter.
The Parade Chairman or other person heading or leading the parade shall carry the parade permit during the parade.
The Borough Administrator shall determine whether to issue any permit in accordance with this chapter within 10 days after receipt of a completed application for such permit or, in the event of a parade, permits. The applicant shall receive notice of the issuance of a permit, or rejection of the application, within 10 days of receipt of the completed application and the accompanying filing fee. The Administrator shall include with a notice of denial a written statement of the reason or reasons for such denial.
Any applicant who is denied a permit after making a complete application and submitting the appropriate fee to the Borough Administrator shall have the right to appeal the denial to the Public Safety Committee of the Borough Council by delivering notice of the intention to appeal to the Administrator within seven days of receipt of the notice of denial. The Public Safety Committee shall act upon the appeal within seven days after the notice of appeal is filed with the Administrator and shall notify the applicant of the outcome of the appeal as soon as practicable thereafter, but in no event later than seven days from the date of the appeal hearing. The Public Safety Committee shall conduct the appeal in a manner in which it deems fit, and may or may not take testimony, which decision shall be in the sole discretion of the Committee.
All permittees under this chapter shall comply with all permit directions and conditions and with all applicable laws and ordinances.
The Borough Administrator shall, upon receipt of a completed application, confer with the Police Chief to determine the manner of policing the event. The Administrator thereafter shall determine whether the event will require participation by the Caldwell Police Department and, if so, the number of man-hours that will be required to provide adequate levels of police protection for the event. The Administrator thereafter shall notify the applicant of the cost of police participation, and the applicant shall pay the Borough for such cost upon approval of the application. The cost for police participation shall be as set forth in Chapter A270 and shall be in addition to the fee required by § 101-4 herein.
The Borough Administrator shall have the authority to revoke any permit issued under this chapter upon failure to comply with the standards for issuance of such permit as herein set forth.
Despite the prohibitions set forth in Chapter 53, § 53-16 herein pertaining to restrictions on possession and consumption of alcoholic beverages in public places, an applicant may apply for permission and, provided the application otherwise is approved, may be granted permission to serve alcoholic beverages on public property.
The fee required pursuant to this chapter shall be in addition to any other applicable license fee required to be paid pursuant to any other section of the Caldwell Code.
The Borough Council may require a bond or other security to ensure the proper maintenance and restoration of the Borough property.
Despite anything contained in this chapter to the contrary, no more than two permits per calendar year shall be issued for use of the Kiwanis Oval.
No permit allowing use of Borough property shall be issued for more than seven consecutive days.
No permittee or employee or agent thereof shall be allowed to use Borough property for temporary lodging during the term of a permit to conduct an event or otherwise.
No person shall unreasonably hamper, obstruct or impede or interfere with any parade or parade assembly or with any person, vehicle or animal participating or used in a parade.
No driver of a vehicle, truck or bus shall drive between the vehicles or persons comprising a parade when such vehicles or persons are in motion and are conspicuously designated as a parade, except by direction of a member of the Police Department.
The Chief of Police shall have the authority, when reasonably necessary, to prohibit, limit or restrict the parking of vehicles along a highway or part thereof constituting a part of the route of a parade. The Chief of Police shall post signs to such effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof. No person shall be liable for parking on a street unposted in violation of this chapter.
Any violation of this chapter shall be punishable by a fine that is not less than twice the amount that the applicant would have paid had an application for a permit been submitted to and approved by the Borough Administrator but not exceeding $2,000. In addition, any violation of this chapter may be punishable by imprisonment for a term not exceeding 90 days, or a period of community service not exceeding 90 days, or a combination thereof.
[Adopted 6-11-1985 by Ord. No. 747-85]
No person, partnership, association or corporation, or any combination thereof, shall permit, maintain, promote, conduct, act as entrepreneur, undertake, organize, manage, sell or give tickets to an outdoor assembly of 3,000 or more people for the purpose of mass musical or public entertainment of various designations, or participation therein, including but not limited to pop festivals, rock music festivals, folk or ethnic festivals, rock-and-roll festivals, country and western festivals, jazz festivals, concerts, operas, symphonies, dances and picnics, or any combination thereof, whether the assembly be on public or private property, where an admission charge is made, or where donations or contributions of money or amounts of value are solicited in lieu of an admission charge, unless a license to hold such assembly has first been issued by the Mayor and Council of the Borough of Caldwell, application for which must be made at least 30 days in advance of the assembly.
The prohibitions hereinabove expressed shall not include or pertain to such assemblies, even though enumerated above, which take place in established permanent indoor structures, theaters, lounges, resorts, auditoriums, convention centers or other indoor places licensed for public occupancy, unless otherwise limited by applicable law. Tents, temporary prefabricated enclosures or roofs and similar nonpermanent structures housing assemblies are deemed to be outdoors.
A single applicant may seek a license or permit for more than one assembly when the applicant seeking the multiple licenses or permits is the same and the assemblies are to be held at the same location for a substantially similar purpose. Where one application for multiple assemblies is filed, the licensing assembly fees referred to in § 101-11 hereafter shall be payable for each assembly requiring a license.
[Amended 8-31-1999 by Ord. No. 1086-99]
No assembly for which a license or permit is required shall be held within 13 days of any other such assembly.
A separate license shall be required for each assembly event on the day requested in the application for each assembly site in which 3,000 or more people assemble or can reasonably be anticipated to assemble. The applicant shall pay a deposit in the amount set forth in Chapter A270, Fees, for each license to be obtained. The aforesaid sums will be utilized not for revenue purposes, but shall be considered a deposit towards additional services to be provided by the Borough, to include payment of the permit fee in the amount set forth in Chapter A270, Fees, as well as the Borough's payment of expenses for additional salaries and the direct purchase of supplies, equipment or rental of equipment for each assembly event, its Police Department, Fire Department, Public Works Department, Health Department affiliation, first aid squad and medical team, and for meals for the aforesaid Department personnel on the event day. The actual costs and services shall be calculated from the initial filing date through all phases of the application process, inspections, reviews and the date or dates of events.
[Amended 8-31-1999 by Ord. No. 1086-99]
The foregoing shall govern any assembly site for which a license is sought, including all assembly grounds and parking areas, as more particularly defined hereafter, which shall be subject to the terms and conditions of this article and by license issued hereunder.
The license shall permit the assembly of only the maximum number of people as stated in the licenses. The licensee shall not sell nor permit to assemble at the licensed premises more than the maximum number of people permitted by the license, nor shall the licensee permit alcoholic beverages of any kind or controlled dangerous substances to be brought onto the assembly site or consumed thereon.
If the requirements set forth herein are complied with, the Mayor and Borough Council shall issue a license upon written application made by any person, partnership, association or corporation, or any combination thereof, who propose to maintain, conduct, promote or operate an assembly as set forth herein. No assembly for which a license is issued shall begin prior to 11:00 a.m. or continue after 10:00 p.m.
Application procedure; filing. The applicant shall file a verified application with the Borough Clerk of the Borough of Caldwell at least 30 days prior to the date or dates which the assembly is to take place. Corporate applications shall be duly signed, attested and verified by the appropriate corporate officers and shall be accompanied by a current status report, issued under seal by the Secretary of State and a copy of the certificate of incorporation.
Application procedure; contents.
The application shall contain the following:
Name, age, residence and mailing address of the applicant. Corporate applications shall show the name, residence and mailing address of each person or other corporation and the name and address of all officers and directors thereof holding 10% or more of the stock in said corporation.
The address, block and lot number and legal description of all property constitute the assembly site, together with the name and address of the record owner of such property.
Proof of ownership of all property constituting the assembly site or a statement under oath by the record owner or owners and occupants of all such property consenting to an outdoor assembly of 3,000 or more for the purpose set forth on the application.
The specific nature and purpose of the assembly, together with a schedule and names and addresses of all events or acts. Examples of the proposed advertising of the event, to the extent known, shall also be submitted. All advertising and public announcements concerning the assembly shall include a statement that no alcoholic beverages or controlled dangerous substances are permitted into or on the assembly site.
The dates upon which the assembly will take place and the time the assembly will open and finish each day.
Copies of all contracts and/or agreements between the applicant, the owner and all other persons or entities who have any interest or involvement in the assembly for whatever purpose and/or to ensure compliance with all existing ordinances of the Borough of Caldwell or any laws/regulations of the State of New Jersey. Such other documents and/or contracts that have a relationship to the assembly that may be requested.
The application shall be accompanied by a diagrammatic sketch or plan of the proposed site, showing the area where the assembly grounds and required fencing will be situated, the location and capacity of all parking areas, driveways and roads as they relate to traffic assembly and the location and capacity of all parking areas, driveways and roads as they relate to traffic flow, traffic control and safety. Also, fire access lanes and lanes for other emergency vehicles shall be shown on the sketch or plan.
The applicant shall state whether any permits or licenses for assemblies issued by this or any other governmental agency have ever been revoked. The applicant shall also disclose in detail all experience of the applicant in the promotion, operation and conduction of similar events.
Application procedure; additional requirements. The application shall further state in specific detail the provisions proposed for the accommodations or persons attending the assembly in the following particulars:
Food and beverage service and concessions.
Toilet and other sanitary facilities. At least two toilets designated "men" and at least two toilets designated "women" for each 350 persons shall be provided, or such other number as may be required by the Board of Health.
Medical and ambulance services or squads shall be provided, which shall be in attendance at the assembly site during the licensed hours and one hour before and one hour after said hours.
A parking and traffic control plan for the number of persons and vehicles projected to attend the event must be formulated. The plan must be sufficient to ensure, to the extent practicable, a free flow of traffic and make available fire lanes and rapid access for emergency vehicles, must comply with the BOCA Basic Fire Protection Code Regulations as may be applicable and must designate means of ingress and egress. The applicant shall specify the number of off-street parking spaces provided at the assembly grounds and shall, to the extent practical, make all such spaces available for parking at the time of the assembly. The applicant shall detail arrangements for the parking of cars in excess of the number that can be accommodated on the assembly grounds. The Borough will make available additional off-street parking in public parking lots to accommodate as much of the excess that cannot be accommodated on the assembly grounds as is practical consistent with existing parking ordinance and parking meter fees regulations. To ensure the free flow of traffic and access for emergency vehicles, the Borough may prohibit on-street parking in the vicinity of the assembly grounds.
As to public safety, the applicant shall provide the number of on-site (assembly grounds) security guards to be employed for each assembly event date, including their duties, responsibilities and proposed hours of employment of the premises of the assembly. Unless a licensed private detective business is employed to provide security guards, the names, addresses and credentials of those to be employed as security guards shall be supplied. In order to assist the applicant in establishing the number of security guards to be utilized, the applicant is advised that under § 101-11A above, an expense of the actual direct administrative costs shall be the deployment by the Borough of a minimum of one sworn police officer for each 250 persons attending the assembly.
The plans, if any, to illuminate the location of the assembly and the pedestrian walkway and parking areas, including the source, amount of power and the location of the illumination. The source of the illumination shall not create a nuisance to the neighboring residential areas.
The plans for holding, collecting and disposing of solid waste material debris and litter.
The plans for supplying potable water, including the source, amount available and location of all outlets. There shall be one outlet per 500 persons in attendance.
The plans for sound control and sound amplification, if any, including the number, location and power of the amplifiers and speakers, together with the applicant's proposal to confine the sound to the area of the assembly. The sound DBA levels shall comply with all local and state regulations, statutes and ordinances.
One pay telephone per 500 persons in attendance.
A fence completely enclosing the location of the assembly grounds of sufficient height and strength to prevent people in excess of the maximum permissible number from gaining access to the assembly grounds, which shall have at least four gates located as remotely from each other as possible.
The fence shall form the perimeter of the assembly grounds, which perimeter shall not be nearer than 250 feet to the nearest boundary line of any residential property.
One gate shall be designated as the main gate. Persons attending the assembly shall be admitted only through the designated main gate, at which location a position will be made available to the Borough for the purpose of stationing a person to monitor and count the number of persons being admitted to assemble.
Copies to be distributed.
Upon receipt of each application, the Borough Clerk shall immediately transmit copies of the same to each of the following individuals or Boards, and each such individual shall respond to the Mayor and Borough Council within 15 days of the date of the filing of such application with a written report of their recommendations, if any, within their respective fields of expertise to effectuate the pertinent requirements of this article and all other Borough ordinances and state and federal law:
The Chief of Police of the Borough of Caldwell or his designee.
The Fire Chief of the Fire Department in which the designated assembly is to take place, as well as the Inspector of the Fire Borough.
The Borough Board of Health or its designee.
The Borough Construction Official.
The Borough Attorney.
The responses of each of the foregoing individuals or Boards shall promptly, upon receipt by the Mayor or Council, be furnished to the applicant.
The filing of a license pursuant to this article does not eliminate the filing of all other municipal, county and state license permit requirements. The requirements for all other appropriate licensing are in addition to the required license hereunder.
The application shall also contain the following proof of financial responsibility and adequate insurance coverage:
The applicant shall submit to the Borough Clerk, with his application, written commitment from an insurance company licensed to do business in New Jersey, to insure the applicant and the Borough of Caldwell as a named co-insured during the assembly in the following limits: General liability, bodily injury and property damages combined in the amount of $500,000. Excess liability, bodily injury and property damages combined $5,000,000; workers' compensation $1,000,000. Where it appears that the nature or size of the event or existence of other applicable insurance will not reasonably require the limits hereinabove provided, the Mayor and Borough Council may fix such lesser amounts of limits or accept such evidence of other insurance or financial responsibility as will reasonably afford protection to the participants and to the public.
In addition to the foregoing, the Borough shall immediately after the date of an assembly event forward a bill to the applicant for any balances due for the actual direct expenses and service costs incurred by the Borough when the same exceeds the deposit or deposits previously paid by the applicant for an assembly event; thereafter, the applicant shall make payment of any balance due within five working days from the receipt of said bill. In the event that the applicant is owed a balance as a result of the paid deposit being in excess of the actual direct expenses and services incurred by the Borough, the Borough shall make direct payment to the applicant within five working days after the assembly event date.
The applicant, within five working days after the assembly event date, shall submit evidence that it has paid all third persons to which the Borough may be contractually obligated as a result of requirements imposed by the licensing of the assembly.
In the event that the applicant fails to make payments as above-mentioned, said applicant shall be responsible for counsel fees and costs as may be incurred by the Borough in enforcing the terms of any license issued hereunder.
The Borough Mayor and Council shall conduct a hearing on an application for a license hereunder at a regular meeting of the Borough Mayor and Council within 25 days of the submission of a completed application. An application shall be deemed complete upon the submission of all required documents heretofore stated and the confirmation of receipt of such documents by the Clerk, in writing, to the applicant, which shall be provided within seven days from the date of submission. In the alternative, the applicant shall be notified, in writing, within seven days from the date of submission of any deficiencies. When the deficiencies are corrected by submission, the application shall be deemed complete, and the hearing shall then be granted as above-mentioned. A notice of such hearing shall be published at least once in the official newspaper of the Borough at least five days prior to the date of the hearing.
The Borough Mayor and Council, after considering the application and recommendations made pursuant to § 101-12C(12)(a), may issue a conditional license subject to compliance by the applicant with those recommendations, adopted by the Mayor and Council. If the Mayor and Council determine that the provisions of this article are satisfied and that no such conditions are necessary, a final license shall be issued.
The applicant shall comply with the conditions of a conditional license by submission of an affidavit verifying compliance with said conditions, or, where compliance cannot be practically accomplished at the time of submission of the affidavit, by an affidavit reciting the reasons for such noncompliance and verifying that the applicant will comply with the conditions prior to the assembly.
Upon the submission of an affidavit of compliance pursuant to Subsection (C), the applicant shall be entitled to the issuance of a final license within three working days. If, because of a deficiency in the affidavit, the final license is not issued, the applicant shall be entitled to a hearing at the next regularly scheduled meeting of the Borough Council.
The provisions of this article may be enforced by injunction in any court of competent jurisdiction.
The holding of any outdoor assembly in violation of any provision or conditions contained in this article shall be viewed a public nuisance and may be abated as such.
Any person who violates any section, or violates any condition upon which he is granted a license, may be punishable by a fine not exceeding $2,000, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or a combination thereof.
[Amended 7-13-1999 by Ord. No. 1073-99; 10-14-2008 by Ord. No. 1187-08]