[HISTORY: Adopted by the Borough Council of the Borough of
Florham Park 2-15-2011 by Ord. No. 11-3. Amendments noted where
applicable.]
A.
No aggregation or combination of shows or exhibits traveling together
from place to place commonly known as a "carnival" shall be allowed,
held, produced or exhibited in whole or in part in the Borough of
Florham Park, except as hereinafter set forth. As used herein, the
term "carnival" shall also include any show, exhibit or event open
to the public and utilizing or having amusement-type activities such
as rides, games, games of chance, displays, exhibits and concessions.
B.
Only charitable and religious organizations may be given special
permission by the Borough Council of the Borough of Florham Park to
hold, produce or exhibit such shows, carnivals or exhibitions, pursuant
to the terms and conditions hereinafter set forth, and under such
additional rules and regulations as the Borough Council may then prescribe.
C.
Carnival-type events conducted at the New York Jets facility, Fairleigh
Dickinson University, or the College of St. Elizabeth are exempt from
the prohibitions and requirements of this chapter, except that notification
of the occurrence of such events must be given to the Florham Park
Police Department a minimum of 30 days prior to the commencement of
the event, and except to the extent that the Chief of Police may deem
some of the requirements set forth herein to be necessary to apply
to the event in order to maintain the public safety and welfare of
the community.
A.
Permit required. Any carnival or similar event shall not be held,
conducted or advertised unless and until an application shall have
been made to the governing body of the Borough of Florham Park and
a permit shall have been issued. Simultaneously with such application
to the governing body of the Borough of Florham Park, the applicant
shall also provide the information hereinafter required to the Police
Department of the Borough of Florham Park.
B.
Any charitable or religious organization wishing to hold a carnival
or similar event shall submit to the governing body of the Borough
of Florham Park and the Police Department of the Borough of Florham
Park, to the attention of the Chief of Police, a fully detailed statement
of the proposed event, which will include the following:
(1)
Type and number of rides.
(2)
Type and number of games.
(3)
Proposed lighting and telephone services.
(4)
Dates and times of events.
(5)
Gate entrances, location of gate entrances and exits.
(6)
Perimeter fencing.
(7)
Names and such other information as is required in order for the
Florham Park Police Department to conduct criminal background checks
of all employees and volunteers who will be associated with the carnival.
The Florham Park Police Department may use information obtained during
such background checks to either deny the permit or to preclude any
employee or volunteer from involvement with the carnival, as permitted
by law.
(8)
Any other relevant information which will be beneficial to the Borough
Council and the Police Department in assisting and assuring the safety
of all residents, participants and patrons of the proposed event.
C.
Hours of operation.
(1)
Opening. If permitted by the Borough Council of the Borough of Florham
Park, the hours of operation for any such carnival or event shall
commence at a reasonable hour, not otherwise in conflict with any
other ordinances of the Borough of Florham Park, but in no event sooner
than 10:00 a.m.
(2)
Closing time.
(a)
The normal hour of closing shall be 10:00 p.m. It is understood
and agreed that to ensure compliance with 10:00 p.m. closing, those
responsible for administering and operating the carnival shall cease
the sale of tickets at 9:00 p.m. and any lines of attendance for rides
or games shall be similarly closed at 9:30 p.m.
(b)
The responsible parties operating or otherwise administering
the carnival or other event shall prominently post information with
respect to time of closing and the related rules on the sale of tickets
and closure of lines so that the same are visible to all those attending
the carnival or event.
(3)
Where appropriate, application may be made to the governing body
of the Borough of Florham Park for a modification of the hours of
operation. The governing body may, in its sole discretion, approve
or deny any such change after consultation with the Chief of Police
of the Borough or his designee.
D.
Duration. The governing body of the Borough of Florham Park will
have the authority to establish a limit on the duration of the carnival,
based on community safety issues and other community events.
E.
Limited access to the carnival or event. Entrances and exits must
be limited in number and should be properly and adequately identified.
Further, in order to provide a safe and secure area and prevent accident
or injury to those in attendance, the area of the carnival or event
must have its entire perimeter fenced. Such fencing may be of any
type that will prevent unlawful entry. However, no fencing shall be
allowed that would cause injury or harm to those persons present at
the event. The entrances and exits shall be clearly marked as to their
location at or about the perimeter of the event, and, in addition,
there shall be suitable signs directing those in attendance to the
location of the entrances and exits.
F.
Security. The Chief of Police of the Borough of Florham Park, or
his designee, shall have the authority to determine the number of
police officers to be assigned to any carnival or event. This decision
shall be based upon, but not necessarily limited to, past experience
with events of like nature, anticipated attendance, time of year or
other seasonal factors, traffic-related considerations and the like.
The cost associated with such security shall be the responsibility
of and paid by the person or entity administering the carnival or
other event.
G.
Continued authority of the Chief of Police. Once the carnival or
event begins operation, the Chief of Police, or his designee, shall
have the continuing authority to close the event, modify the hours
of operation or impose other additional restrictions as a result of
problems which may arise, such as disorderly groups of persons, disasters,
noncompliance with the rules and regulations set forth herein or such
other situation wherein the best interests of the public require any
such action. In addition to the powers set forth herein, the Chief
of Police, or his designee, shall have the additional authority to
regulate the number of persons in attendance. The Chief of Police
shall have the further authority to require the use of other equipment
or aids necessary to ensure the safety and protection of all persons.
Such equipment or other aids may include the use of flares, temporary
"no parking" signs and any other equipment of like or similar nature.
In the event that such equipment, supplies, signs or the like shall
be required, the cost of the same shall be passed on and become the
responsibility of those administering the carnival or event.
H.
Additional information to be provided. The Borough Council of the
Borough of Florham Park shall be provided proof of all necessary state
approvals and other authority to operate the carnival or event. All
mechanized rides, or the like, shall be properly certified by the
State of New Jersey, or other licensing agency, as to their safety.
The entity or other body proposing the carnival shall also make provision
for adequate first aid and/or medical facilities in the event of accident
or injury occurring on the premises.
I.
Signs. Sufficient signs shall be erected in strategic locations so
as to direct motorists and pedestrians to the locations of entrances
and exits for the carnival or event. Such signs shall be posted in
consultation with the Police Department of the Borough of Florham
Park.
J.
Parking. Every effort shall be made by that entity or organization
administering the event to provide ample parking for workers, volunteers
and the general public. A proposed plan for parking shall accompany
the application for the permit. The proposed plan of parking shall
be subject to the review and approval of the Chief of Police of the
Borough of Florham Park and shall include provision for a reasonable
number of handicapped parking spaces.
K.
Upon conclusion of the carnival or event, the equipment, rides, games,
displays and facilities shall be promptly dismantled and removed.
No dismantling or removal of equipment will be allowed after 10:00
p.m. Any such dismantling shall be done in a manner so as to minimize
noise and disruption to nearby property owners. The property shall
be cleaned and restored to the condition in which it was found prior
to the carnival.
L.
Responsible parties. The application submitted to the governing body
of the Borough of Florham Park shall be signed by the organization,
group or entity hosting the carnival and shall also be signed by the
carnival owners or operators. If the carnival or event is to be held
on lands or premises not owned by the entity or group sponsoring the
event, then the signature of the owner of the property shall also
be affixed to the application, stating consent thereto.
M.
Insurance certificates must be submitted evidencing coverage sufficient
in the opinion of the Borough Administrator for such event, with the
Borough to be named as an additional insured under said policy coverage.
Any person, firm, association or corporation found guilty of
violating the terms and provisions of this chapter, including the
terms and conditions of any permit issued pursuant hereto, shall be
liable to a fine up to the amount of $500 in discretion of the Judge
imposing the same. Each such day for which a violation continues unabated
shall be deemed a separate and continuing violation.
