City of East Orange, NJ
Essex County
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Table of Contents
Table of Contents
[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.
Canvassers, solicitors and peddlers — See Ch. 118.
Curfew — See Ch. 127.
Entertainment hours — 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.
188a Outdoor Activity License Fee Chart

§ 188-1 Definitions.

The following definitions shall apply to the interpretation and enforcement of this chapter:
AMUSEMENT PROMOTION
An outdoor activity restricted to the use of kiddy rides and kiddy games which may only operate without charge.
BAZAAR
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.
BLOCK PARTY
An outdoor activity restricted to the use of kiddy rides, food and drink concessions and strolling vendors.
CARNIVAL
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]
CIRCUS
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.
CITY
The City of East Orange.
CITY COUNCIL
The City Council of the City of East Orange.
CONCERT
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.
CONCESSION
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.
CONCESSIONAIRE
A person who operates or participates in the running or operation of one or more concessions, a vendor or an operator.
FAIR
An outdoor activity restricted to the use of kiddy rides, kiddy games, food and drink concessions and strolling vendors.
FESTIVAL
An outdoor activity restricted to the sale of food and beverage.
[2]
FLEA MARKET
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]
GARAGE, PORCH AND YARD SALE
An outdoor activity restricted to the sale of used merchandise and bric-a-brac of a household nature.
LICENSE
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]
LICENSEE
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.
MARCH
An organized procession of demonstrators who are supporting or protesting something.
[Added 12-27-2005 by Ord. No. 32-2005]
MOTORCADE
A procession of motor vehicles, as in a parade.
[Added 12-27-2005 by Ord. No. 32-2005]
OPERATOR
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.
OUTDOOR ACTIVITY
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]
PARADE
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]
PERSON
Every natural person, entity, association or corporation, whether profit or nonprofit.
PICKETING
Any person or group of persons present outside a building to protest.
[Added 12-27-2005 by Ord. No. 32-2005]
PROMOTER
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]
RALLY
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]
REVIVAL
An outdoor religious gathering which imposes no charges other than voluntary contributions, with limited food and beverage privileges.
RIDE (ADULT)
Any mechanical amusement device designed for and capable of carrying or transporting one or more fully grown people.
RIDE (KIDDY)
Any mechanical amusement device designed for carrying or transporting one or more small children.
SITE PLAN (FINAL)
A detailed diagram to scale, as required by § 188-3B(10) of this chapter.[3]
SITE PLAN (PRELIMINARY)
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.
SPONSOR
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.
VENDOR
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]
VENDOR (STROLLING)
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]
WALK-A-THON
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]
[1]
Editor's Note: The definition of "car wash," which immediately followed this definition, was repealed 9-26-1983 by Ord. No. 39-1983.
[2]
Editor's Note: The definition of "food sale," which immediately followed this definition, was repealed 9-26-1983 by Ord. No. 39-1983.
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 188-2 Purpose.

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.

§ 188-3 Licenses; general provisions.

A. 
General provisions.
(1) 
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) 
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) 
No more than an aggregation of eight carnivals or circuses may be held within one calendar year.
B. 
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) 
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) 
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) 
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.
[1]
Editor's Note: See §  188-6 herein.
(4) 
Deposits.
(a) 
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
$  1001
Block parties
$    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) 
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) 
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) 
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) 
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.
[2]
Editor's Note: See now Ch. 5, Art. XVI, Department of Health and Human Services, of this Code.
(8) 
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) 
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) 
Final site plan.
(a) 
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] 
Sanitary facilities and sewage disposal sites.
[2] 
Refuse disposal sites.
[3] 
Location of mobile and fixed food vending operations and cooking or other heat- or flame-producing devices.
[4] 
Fire hydrants and waterlines.
[5] 
Traffic flow.
[6] 
Parking.
[7] 
Security.
[8] 
Location of rides by type, including booths and generators.
[9] 
Location of games.
[10] 
Living quarters.
[11] 
Access for emergency services, including but not limited to ambulances, firefighting and fire-prevention equipment and police vehicles.
[12] 
Location of stands, booths, vehicles and tables from which merchandise is to be sold or dispensed, identified by type.
[13] 
All streets and rights-of-way within and bordering upon site areas.
(b) 
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) 
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) 
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) 
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) 
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. 
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]

§ 188-4 License fees; duration and hours of operation; additional regulations.

[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.

§ 188-5 Security.

[Amended 12-27-2005 by Ord. No. 32-2005]
A. 
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. 
Upon the written approval of the Police Director, sponsors or licensees may provide for their own security.

§ 188-6 Fire prevention requirements.

A. 
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) 
The Fire Department, in its sole discretion, shall determine which fire hydrants will be used as hereinabove stated.
(2) 
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) 
The sponsor and vendors shall meet and observe at all times the requirements of the Board of Water Commissioners of the City.
B. 
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. 
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. 
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. 
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.

§ 188-7 Games of skill and chance; gambling.

[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.

§ 188-8 Insurance requirements.

[Amended 12-27-2005 by Ord. No. 32-2005]
A. 
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) 
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) 
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) 
The insurance requirement does not include City-sponsored activities.
B. 
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.

§ 188-9 License revocation.

A. 
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. 
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. 
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]

§ 188-10 Violations and penalties.

[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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).