[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:
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.
A.
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.
B.
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.
C.
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.
D.
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:
A.
The name, address and telephone number of the person requesting the
permit.
B.
The name, address and telephone number of the organization or group
he or she is representing.
C.
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.
D.
The estimated number of persons to participate in and attend the
event.
E.
The number and type of vehicles, if any, to participate.
F.
The date and time of the event, including any set-up or clean-up
period.
G.
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.
H.
The attachment of any other required licenses or permits where appropriate.
I.
The type, size description, and location of any signs to be erected
by the organization in connection with the event.
J.
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.
A.
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.
B.
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:
(1)
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.
(2)
The conduct of the event will substantially interrupt the safe and
orderly movement of pedestrian and vehicular traffic contiguous to
its location.
(3)
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.
(4)
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.
(5)
The conduct of such event will interfere with movement of fire-fighting
equipment en route to a fire.
(6)
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.
(7)
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.
(8)
The event will be held at a location where it will substantially
interfere with municipal construction or maintenance work previously
scheduled to take place.
(9)
The information provided in the application is found to be false,
misleading or incomplete in any material detail.
(10)
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.
(12)
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:
A.
Meetings or events directly sponsored by the Township Committee,
Township employees for municipal purposes, and events directly sponsored
by the Township emergency services departments.
B.
Meetings of municipal advisory boards and committees.
C.
Meetings or events directly sponsored by Township departments and/or
employees for municipal purposes.
D.
Meetings held for the discussion of municipal issues.
E.
Local, residential youth recreational activities or service organizations.
F.
Other organizations.
[Amended 6-6-2022 by Ord. No. 1991-2022]
The Township of Hamilton has created a fee schedule for usage
of park and recreation areas by use category. A fee for additional
municipal services has also been created. The list of use categories
and fees are as follows:
A.
Use categories.
(1)
Category I permit/use: Township of Hamilton programs and events.
Any Township of Hamilton sanctioned program and/or special event.
(2)
Category II permit/use: recognized and sponsored Township of Hamilton
youth organizations. These organizations will be named at reorganization
every year.
(3)
Category III permit/use: Hamilton Township School District/Greater
Egg Harbor Regional School District. Programs, events and/or activities
officially sanctioned, coordinated and sponsored by the school districts.
(4)
Category IV permit/use: Township of Hamilton nonprofit organizations/Township
of Hamilton church groups/Township of Hamilton Boy and Girl Scout
groups. Nonprofit organizations, entities, individuals, or groups
for the purpose of providing recreational services primarily to Township
of Hamilton residents must show proof of nonprofit status and be able
to demonstrate that their use of facilities benefits and/or services
Township of Hamilton residents. Team rosters and/or intended participants
must be 80% Township of Hamilton residents or higher. If at any time
the organization or team rosters fall below 80%, the organization
must immediately inform the Department of Recreation. This may result
in the organization or team being reclassified into Category V.
(5)
Category V permit use: non-Township-of-Hamilton nonprofit organizations.
Nonprofit organizations, entities, individuals or groups for the purpose
of providing recreation services must show proof of nonprofit status.
Team rosters or intended participants with less than 80% Township
of Hamilton residents.
(6)
Category VI permit/use: commercial organizations, entities, individuals
or groups for the purpose of providing recreational services that
are operated as a for-profit commercial enterprise.
C.
Fees for municipal services.
(1)
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.
(2)
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.
(3)
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.
D.
Field scheduling.
(1)
Categories I and II groups will have preference for field usage.
All applications for the playing seasons must be received by December
31 for approval.
(2)
Categories III, IV, V, and VI must submit an application no later
than 60 days prior to the start date of use.
(3)
To minimize field wear and maintenance and ensure the safety of participants,
park(s) and recreation areas(s) may be retired from play after each
season to allow rehabilitation/regrown and maintenance of the turf
and facility. The Director of Public Works and Youth and Protection
Services Coordinator may close any park(s) and recreation area(s)
for the upcoming season based upon a review of the conditions and
required maintenance to ensure playability. The Township may cancel
individual activities on any given day depending on weather and current
conditions.
(4)
All teams, regardless of category, shall submit a roster, required
insurance coverage, and copies of coaches, trainers, etc., and youth
protection cards where applicable, before the start of the season
and/or practices. All rosters must be complete and contain the minimum
number of players to field a team.
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.
A.
Prior to the issuance of a special events permit, the applicant and
authorized officer of the sponsoring organization shall sign an agreement
to reimburse:
(1)
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
(2)
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.
B.
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.
C.
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.
