[HISTORY: Adopted by the Township Committee of the Township of Hamilton 12-19-1966 by Ord. No. 340; amended in its entirety 12-21-2009 by Ord. No. 1666-2009. Subsequent amendments noted where applicable.]
It is the purpose of this chapter to clarify the process for the issuance of permits for parades, processions and special events and to provide guidelines for said events that protect the health, safety and welfare of the participants and the public.
As used in this chapter, the following terms shall have the meanings indicated:
- SPECIAL EVENT
- For the purpose of this chapter, "special event" shall mean any exhibition, show, athletic contest, running race, bike-a-thon, block party, parade, procession, entertainment, meeting, or other similar event sponsored by an organized group or individual having a similar or common purpose or goal, occurring on or proceeding along a public street, other public right-of-way, or public property or building within the Township of Hamilton.
No person, association or corporation shall hold, conduct or take part in any exhibition, show, athletic contest, running race, bike-a-thon, block party, parade, procession, entertainment, meeting, or other special event in or upon any public street, highway or place in the Township of Hamilton without a written permit from the Public Works Director or his or her designee, to be issued and to be revocable at his or her discretion as they may deem conducive to the public welfare.
Applications shall be filed with the Director no less than 45 calendar days prior to the date of the event and shall be accompanied by a nonrefundable application fee of $25 and a minimum refundable deposit of $500 to cover any damage to Township property or cleaning required due to the special event. The permitee will be notified in writing should any such charge be assessed.
All applications for special events shall be reviewed by the Police Chief or his or her designee for any event which has the effect, intent or propensity to draw a crowd or onlookers. The Police Chief shall also make recommendations for the proper method to provide adequate public safety and traffic control at all public street crossings that are included within the proposed area or travel route of the event.
The Director may choose to have the application reviewed by any other appropriate agency at his or her discretion or as required to be in compliance with any applicable rules, regulations, ordinances or other requirements that may apply.
The permit application shall include:
The name, address and telephone number of the person requesting the permit.
The name, address and telephone number of the organization or group he or she is representing.
The name, address and telephone number of the person or persons who will act as chairman of the special event and be responsible for the conduct thereof.
The estimated number of persons to participate in and attend the event.
The number and type of vehicles, if any, to participate.
The date and time of the event, including any set-up or clean-up period.
The location where the event is to be held, including the specific assembly and dispersal locations and the specific route and the plans for assembly and dispersal of the participants.
The attachment of any other required licenses or permits where appropriate.
The type, size description, and location of any signs to be erected by the organization in connection with the event.
Such other information as the Public Works Director or Police Chief may deem necessary in order to properly provide for traffic control, street and property maintenance and the protection of the public health, safety and welfare.
Nothing in this chapter shall be held or construed to apply to any funeral procession or parade incidental to or connected with any funeral, nor to any procession or parade of any body of police or firemen of the Township or National Guard of the state or troops of the United States of America.
The application for a special event or use of facilities shall be reviewed by the appropriate officials of the Township of Hamilton for compliance with this chapter and other ordinances, scheduling conflicts, special services required, and any other further information required. Upon full review of the application and the recommendations for approval or denial, the Public Works Director or his or her designee shall be authorized to issue a permit for the special event if approved. Approval or denial of such permit shall be made within 15 calendar days of receipt of a complete application by the Township. The permit may be approved with special conditions placed on the applicant if warranted. The permit is contingent on the possession of any other permits or licenses required by local or state laws and regulations.
Applications for special events permits can be denied at the discretion of the Township. The Township shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance or upon other good cause shown. The Director shall issue a permit as provided for in this chapter unless, from a consideration of the application and from such other information as may be otherwise obtained, the Director or the Police Chief find that:
There is an outstanding approved permit for another special event, or there is an established contractual obligation or prior historical relationship with the Township for a scheduled event or occurrence for a time and place that is so proximate to that applied for as to constitute a conflict therewith.
The conduct of the event will substantially interrupt the safe and orderly movement of pedestrian and vehicular traffic contiguous to its location.
The conduct of the event will require the diversion of so great a number of police officers of the Township to properly police the areas contiguous thereto as to prevent normal police protection to the Township.
The concentration of persons, animals and vehicles at the assembly point of the event will unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such assembly area.
The conduct of such event will interfere with movement of fire-fighting equipment en route to a fire.
The event is to be held for the sole purpose of advertising any product, merchandise or event; is being held purely for private profit or commercial motive; or is for any unlawful purpose. This exclusion shall not apply to commercially sponsored civic events.
The event will be held at a location adjacent to a school at a time when such school is in session and the noise created by the event will substantially disrupt the educational activities of the school.
The event will be held at a location where it will substantially interfere with municipal construction or maintenance work previously scheduled to take place.
The information provided in the application is found to be false, misleading or incomplete in any material detail.
The applicant, sponsoring organization or any involved party to the application has on prior occasions damaged public or private property and has not paid for such damage or has not fulfilled agreed-upon obligations to the Township; owes the Township any reimbursement for costs associated with protecting the public welfare during prior events or for cleanup of prior events; or otherwise has not complied with the conditions of a previously issued special event permit.
For any legitimate reason of public safety identified by the Chief of Police or his or her designee.
Applications for special events will be scheduled on a first-come-first-served-basis. When more than one complete application is received for the same date(s), the following priority order will apply:
Meetings or events directly sponsored by the Township Committee, Township employees for municipal purposes, and events directly sponsored by the Township emergency services departments.
Meetings of municipal advisory boards and committees.
Meetings or events directly sponsored by Township departments and/or employees for municipal purposes.
Meetings held for the discussion of municipal issues.
Local, residential youth recreational activities or service organizations.
If it is determined by the appropriate officials that materials or personnel costs shall be required for the purpose of maintaining the general health, safety and welfare of attendees or participants in the special event, or the community in general, the Township reserves the right to require reimbursement of such costs.
If reimbursement is required, the holder of the permit shall deposit with the Chief Financial Officer a sum of money to be determined by the Public Works Director and/or the Police Chief or their designees to be a reasonable estimate of the costs required. Payment shall be submitted by cash, check or money order no less than seven calendar days prior to the event. Failure to remit these costs in a timely fashion may result in the denial or revocation of the permit. After the conduct of the special event the holder of the permit shall be required to pay the Township any additional amount determined to be due in reimbursement of the Township's costs within 30 calendar days.
In the event that the sum of money so deposited in advance exceeds the funds needed, the Township shall refund any excess deposit within 30 calendar days after the holding of said special event.
Any signs erected in connection with a properly approved special event shall be removed within 24 hours of the conclusion of the event. Any trash and recycling generated by this event shall be cleaned up within 12 hours of the conclusion of the event.
Any permit issued under this section may contain conditions reasonably calculated to reduce or minimize dangers to vehicular or pedestrian traffic and the public health, safety and welfare, including but not limited to changes in the date, time, duration or number of participants or attendees as requested by the applicant. Further, for the purposes of public safety and welfare, the Chief of Police may require and order the temporary closing of streets and/or the temporary prohibition of parking along such streets during the event, and shall direct the posting of proper warning signs in connection with said event, as provided by law.
Prior to the issuance of a special events permit, the applicant and authorized officer of the sponsoring organization shall sign an agreement to reimburse:
The Township for any costs it incurs for repairing damage to Township property sustained in connection with and proximately caused by special event activities, for additional costs incurred by the Township for protecting the public welfare during the special event, and for costs incurred by the Township for cleanup and restoration of the special event route and/or assembly areas not properly cleaned up by applicant/sponsoring organization after the parade; and
Township residents, for any costs they incur for repairing damage to their private property sustained in connection with and proximately caused by special event activities.
This agreement shall also provide that the applicant/sponsoring organization shall hold harmless, indemnify and defend the Township its officials, agents and employees against any claims, costs, damages, demands, liability and notices resulting from any damage or injury proximately caused by special event activities and the actions of the permittee/sponsoring organization in connection with the special event.
The applicant/sponsoring organization of a special event shall possess or obtain public liability insurance in the minimum amount of $1,000,000 per occurrence and $2,000,000 in the aggregate to protect against loss from liability imposed by law for damages on account of bodily injury and property damage arising from the parade. Evidence of insurance, satisfactory to the Public Works Director or his or her designee, must be filed with the Director no less than five calendar days before the date of the event.
Any person, firm, corporation, partnership or other entity violating the provisions of this chapter shall be subject to a fine not to exceed $500.
Any applicant shall have the right to appeal the denial of any permit under this chapter to the Township Administrator. The denied applicant shall make the appeal within five calendar days after receipt of the denial by filing a written notice of appeal with the Public Works Director or his or her designee. The Township Administrator shall act upon the appeal within 30 calendar days after receipt of the same.