[HISTORY: Adopted by the Township Committee
of the Township of Sandyston as indicated in article histories. Other
amendments noted where applicable.]
[Adopted 9-3-1970; amended in its entirety 5-13-2008 by Ord. No.
2008-08]
It is the purpose and intent of this article to protect the
public's health, safety, and welfare through the issuance of permits
for outdoor entertainment activities conducted within the Township
of Sandyston.
As used in this article, the following words and terms shall
have the meaning ascribed to them in this section.
Any event that includes electronically amplified music and/or
voices.
Any person or organization who seeks an outdoor entertainment
permit to conduct or sponsor an outdoor entertainment event within
the Township.
Any event that does not include electronically amplified
music and/or voices.
Any event conducted by a commercial, residential/agricultural
or nonprofit entity for the purpose of raising funds to be and which
are subsequently donated to an organization described in Section 501(c)
or (d) of the Internal Revenue Code of 1986, as amended.
A specific event or activity held in the open and not within
an enclosed structure. Enclosed structures do not include tents, sound
stages, pavilions or amphitheaters.
A specific outdoor entertainment event or activity conducted
or sponsored by a commercial entity for profit or promotion of its
business with an estimated attendance of 300 people or more.
A specific outdoor entertainment event or activity conducted
or sponsored by a nonprofit community organization or club for the
purpose of raising funds for charitable, educational, religious or
other similar purposes with an estimated attendance of 300 people
or more.
A specific outdoor event or activity conducted or held on
private, residential or agricultural property by the property owner
or the owner's lessee, such as a wedding reception, private party,
or similar family or social function, with an estimated attendance
of 300 people or more.
A specific outdoor entertainment event or activity conducted
or sponsored by the Township or any of its agencies, and any event
or activity conducted or sponsored by a public or private school with
an estimated attendance of 300 people or more.
A person to whom an outdoor entertainment permit is issued.
An individual, firm, partnership, corporation, trustee, association,
or any body of persons, whether incorporated or not. With respect
to acts prohibited or required herein, "person" shall include employees
and permittees.
An institution or place for instruction or education where
25 or more persons receive a full course of educational instruction
with an organized body of teachers associated for the pursuit and
dissemination of knowledge.
That time between 10:01 p.m. Sunday and 12:01 a.m. Friday.
That time between 12:01 a.m. Friday and 10:01 p.m. Sunday.
Any person desiring to conduct or sponsor an outdoor entertainment
activity in the Township of Sandyston shall obtain a permit from the
Township Clerk.
[Amended 2-10-2015 by Ord. No. 2015-04]
Filing of application. Any person conducting or sponsoring an
outdoor entertainment activity shall make application for a permit
by filing a completed application with the Township Clerk seven days
prior to the Township Committee meeting the month prior to the outdoor
entertainment event date. Said application may request up to four
dates per application. The application shall require the following
information:
A.
The
name and address of the person or organization conducting the event
and the names of the persons or of the managers and officers of the
organization.
B.
The
date, time, and place of the event to be held.
C.
Whether the person conducting the event or the officers of the organization
sponsoring the event are over 18 years of age; and whether such persons
have been convicted of any crimes other than minor traffic offenses.
D.
The approximate number of persons expected to attend the event.
E.
A description of the type of outdoor entertainment to be conducted.
F.
The name, address and telephone number of the entity providing the
entertainment.
G.
Whether amplified or nonamplified music or singing will be part of
the entertainment.
H.
The number of security personnel to be employed together with their
names and address.
I.
A description of the lands and premises to be covered by the permit,
which shall include a reference to block and lot on the Sandyston
Township Tax Map. In the event that a portion of a tax lot is to be
covered by a permit, a sketch must be presented showing exactly what
part of said lot is to be covered by the permit.
J.
A statement as to whether the applicant owns the property to be covered
by the permit. In the event that the applicant is not the owner, the
consent of the owner must be annexed to the application, together
with a copy of the lease or other agreement relating to possession
of the property by anyone other than the owner of same.
K.
A map or sketch, drawn to scale with scale shown, showing the entire
area sought to be covered by the permit and showing thereon that portion
thereof to be used for the parking of automobiles, and showing all
driveways and other means of access to and from said premises.
L.
The applicant shall notify property owners within 500 feet of the
boundaries of the property to be covered by the permit of the outdoor
entertainment event(s) by certified mail. It shall be sufficient to
send said notices to the addresses shown on the tax list provided
by the Tax Assessor. An affidavit or copies of the certified slips
must be filed with the Township Clerk showing compliance with this
subsection.
(1)
Changes
to the date for an outdoor entertainment event, previously approved
by the Township Committee, shall:
(a)
Notify
the Township Clerk of the change in writing seven days prior to the
Township Committee meeting the month prior to the outdoor entertainment
event date.
(b)
Request
a new list of the property owners within 500 feet of the boundaries
of the property to be covered by the permit from the Tax Assessor,
for an additional fee of $25.
(c)
Notify
the property owners of the change of date to the previously scheduled
outdoor entertainment event(s) by certified mail.
(d)
An
affidavit or copies of the certified slips must be filed with the
Township Clerk showing compliance with this subsection.
M.
A statement of the type of exhibition, show or performance to be
covered by the permit, which will include the hours of the performance
and on what days it will be in operation. A program or listing of
the performers shall be furnished, together with a time schedule showing
activity during various parts of the day or night.
A.
Upon
the filing of an application pursuant to the provisions of this article,
the Township Clerk shall immediately file copies of the application
with the following:
(1)
The Board of Health of the Township.
(2)
The Sussex County Sheriff.
(3)
The Sussex County Department of Health.
(4)
The Township Fire Department.
(5)
The Township Emergency Management Coordinator.
(6)
The administrators of Newton Memorial Hospital, Newton, New Jersey,
and of Bon Secours Community Hospital, Port Jervis, New York.
[Amended 12-4-2008 by Ord. No. 2008-13]
A.
The permit authorized to be issued shall be issued by the Township
Committee but executed by the Mayor and Township Clerk.
B.
The permit shall set forth and describe, with particularity, the
place where the show, exhibition, performance or public gathering
or other event sought to be covered by the permit hereunder shall
take place and the period of time during which it may continue.
C.
The permit herein authorized shall not be issued to take effect until
all fees have been paid to the Township as provided herein.
D.
Any permit authorized to be issued hereunder shall be issued subject
to all of the provisions of this article.
[Amended 2-10-2015 by Ord. No. 2015-04]
The fee for the outdoor entertainment application shall be $125
per application.
As a condition of the granting of a permit for any outdoor entertainment
conducted on public property or public streets or parking lots, the
permittee shall provide the Township a public liability insurance
policy naming the Township as an additional insured entity with limits
of not less than $1,000,000 per occurrence.
A permit may be denied based upon a determination that:
A.
The
event would seriously endanger public safety;
B.
The
event would unreasonably inconvenience the general public;
C.
The
event would unreasonably infringe upon the rights of abutting properties;
D.
The
event would conflict with another proximate event or interfere with
construction or maintenance work.
E.
There
are not sufficient safety personnel or other necessary Township staff
to accommodate the event.
F.
The applicant failed to complete the application form after being
notified of the additional information required;
G.
The applicant cannot meet, or is unwilling to meet, all of the requirements
of this article.
H.
The event anticipates a gathering of more than 1,000 persons.
I.
Failure to prepay expenses.
J.
The applicant has violated a provision, restriction or condition
of this ordinance or an outdoor entertainment activity permit issued
to the applicant within the past 12 months.
The Township and its agencies and a school as defined herein
shall be exempt from the permit requirements of this article.
A.
Outdoor entertainment, commercial: No more than four amplified outdoor
entertainment events, no more than four nonamplified outdoor entertainment
events and no more than four nonprofit/fundraising outdoor entertainment
events on any one business site shall be allowed in any one calendar
year. An event is defined as one day, or any part thereof, between
the hours of 9:00 a.m. and 1:00 a.m. on weekends and 9:00 a.m. and
10:00 p.m. on weekdays.
B.
Outdoor entertainment, nonprofit: No more than four amplified outdoor
entertainment events, no more than four nonamplified outdoor entertainment
events on any one site shall be allowed in any one calendar year.
An event is defined as one day, or any part thereof, between the hours
of 9:00 a.m. and 12.30 a.m. on weekends and 9:00 a.m. and 10:00 p.m.
on weekdays.
C.
Outdoor entertainment, residential agriculture: No more than four
amplified outdoor entertainment events, no more than four nonamplified
outdoor entertainment events and no more than four nonprofit/fundraising
outdoor entertainment events on any one site shall be permitted in
any one calendar year. An event is defined as one day, or any part
thereof, between the hours of 9:00 a.m. to 12:30 a.m. on weekends
and 9:00 a.m. to 10:00 p.m. on weekdays.
D.
No outdoor entertainment shall be held or conducted between the hours
of 12:30 a.m. and 9:00 a.m. on weekends and 10:00 p.m. and 9:00 a.m.
on weekdays for commercial and nonprofit and between the hours of
10:00 p.m. and 9:00 a.m. on weekends and 10:00 p.m. to 9:00 a.m. on
weekdays for residential/agricultural.
A.
No person or party permitted hereunder shall allow or suffer any
exhibition, performance or gathering of persons for any unlawful purpose
or to be conducted in any unlawful, disorderly, obscene or lewd manner.
B.
No outdoor show, concert, festival, dance, theatrical performance,
exhibition or public gathering for purposes of amusement shall allow
any performer to perform or be displayed in the nude.
C.
No outdoor show, concert, festival, dance, theatrical performance,
exhibition or public gathering for purposes of amusement shall be
allowed which shall depict sexually suggestive acts or subjects offensive
to public morals and decency.
D.
Any permittee hereunder shall not allow any employees or agents of
the applicant or any spectators or any persons on the premises covered
by the permit during the period of time permitted to completely undress
or go about in the nude or become undressed or go about in a lewd,
obscene or indecent manner.
E.
The permittee shall allow the Code Enforcement Officer or any other
persons duly authorized by the Township to inspect the permitted premises
or any part thereof and the performances, exhibition and shows for
public gatherings at any time either prior to or during the period
of time covering the permit, to inspect the premises and observe the
person upon the premises or to detect violations of this article or
of any other law of the federal government or the State of New Jersey
or of the Township.
F.
The permittee shall take all proper means to assist in the orderly
conduct and presentation of his or her event and to maintain a flow
of traffic and use of the premises without congestion of traffic.
For such purposes the permittee shall employ or obtain sufficient
personnel to carry out said objectives.
G.
The permittee shall maintain at his or her own expense one or more
persons or agents responsible for the proper conduct of the event
covered by the permit who shall remain upon the premises covered by
the permit at all times during the period in which the permit shall
be in effect. The name, address and description of the person, persons
or agents responsible shall be furnished to the Township before the
beginning of the permitted period, and in the event that any change
is made in a person or persons or agents responsible herein designated,
notice of such change with the names and addresses and descriptions
of the persons to be substituted shall be furnished to the Township
Clerk upon at least twenty-four-hours' notice.
Each person who is issued an outdoor entertainment permit shall
comply in all respects with the State noise regulations set forth
in N.J.A.C. 7:29-1.1 et. seq.
A.
In the event that any of the provisions of this article are violated,
the Township Committee may terminate or suspend any permit issued
pursuant to this article.
B.
Written notice of the alleged violations shall be given to the applicant,
to any employee of the applicant on the permitted premises or by posting
the notice on the premises in a conspicuous place. The written notice
shall include the time and place of the hearing, which shall not be
less than 24 hours after the notice.
C.
At the hearing, the Township Committee shall hear all evidence offered
in connection with the proposed suspension or revocation. The Township
Committee, if it finds against the permittee, may revoke the permit
or may suspend it upon such conditions or stipulations as may be directed.
In the event of revocation of the permit, no further outdoor show,
concert, festival, dance, theatrical performance, exhibition or public
gathering for purpose of amusement shall be held under the permit
granted for the same. All persons remaining upon the premises covered
by the permit shall leave the permitted premises after being notified
of the permit revocation.
D.
In the event that it appears that the number of person gathering
upon or gathered for entry upon the premises covered by the permit
for any such outdoor show, concert, festival, dance, theatrical performance,
exhibition or public gathering for purposes of amusement permitted
hereunder shall exceed 1,000 persons, notice shall be promptly given
to the permittee by the Township Committee to withhold proceeding
with the event. The permittee may request an immediate hearing before
the Township Committee, and said hearing shall be held as promptly
as possible.
E.
In the event of a revocation or suspension of any permit, no permit
fee or application fee shall be refunded.
Whenever notice is required to be given to the applicant or
permittee hereunder, such service or notice may be made by registered
or certified mail directed to the person and address listed in the
application or otherwise personally upon the applicant or any of the
agents of the applicant upon the permitted premises.
A.
Any person who violates any provision of this article shall, upon
conviction thereof, by punished by a fine not exceeding $1,000 or
by imprisonment for a term not exceeding 90 days, or both. A separate
offense shall be deemed committed for each separate act involved or
on each day involved during a continuation of any such act in violation
of any of the provisions of this article.
B.
The penalty or penalties provided herein shall be in addition to,
and not in lieu of, the suspension or revocation of any permit issued
hereunder.
