[HISTORY: Articles I and II adopted by the Township Committee (now Council) of the Township of Jackson as indicated in article histories. Subsequent articles adopted by the Township Council as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-2-1967 by Ord. No. 6-67 (Ch. 81, Art. I, of the 1972 Code)]
From and after the passage of this article, no public meetings, assemblies or parades in or upon the public streets, highways or other public places of the Township of Jackson shall take place or be conducted until a permit therefor shall first have been obtained from the Chief of Police or, as provided hereinbelow, from the Jackson Township Committee.
Any person, persons or organizations wanting to conduct a public meeting, assembly or parade at any public place in the Township of Jackson shall file an application therefor with the Township Chief of Police at least five days in advance of the proposed meeting, assembly or parade, which application shall designate the proposed date, time and place and, if a parade, the proposed route along which such parade is intended to march or travel and the names of the persons in control of the same or responsible therefor. The Chief of Police shall forthwith issue a permit upon said application unless a prior application for said time and place shall have been made, in which event the Chief of Police shall indicate another time and place, and, upon the selection of said alternative time and place by the applicant, he shall forthwith grant a permit therefor; provided, however, that the Chief of Police may refuse a permit for said meeting, assembly or parade when in his judgment the conditions of vehicular and pedestrian traffic or the effect upon stores, offices or other places of business or upon residents in the vicinity, all considered in relation to the comfort and convenience of the public generally, as to peace and good order, shall so warrant. Upon denial by the Chief of Police of any application made in pursuance of this article, the applicant may appeal from the determination of the Chief of Police within three days thereafter to the Township Committee of the Township of Jackson, by filing said application with the Township Clerk of the Township of Jackson, who shall thereupon promptly convoke a meeting of said Township Committee for the purpose of acting upon said application. Upon such appeal, said Committee may reverse, affirm or modify in any regard the determination of the Chief of Police by a vote of a majority of those present at said meeting. To carry out the judgment of said Township Committee upon an appeal, the Township Clerk is directed to issue or deny a permit in conformity with the judgment of the Township Committee.
[Added 8-24-1981 by Ord. No. 42-81]
Before any permit is granted pursuant to § 298-2, the person, persons or organizations applying for such permit shall provide and deposit with the Township of Jackson a certificate of public liability insurance in an amount to be determined by the Township Committee, but in no event less than the amount of $100,000, single limit, naming the applicant or applicants and the Township of Jackson as co-insured. In addition thereto, the person, persons or organizations applying for such permit shall execute an agreement holding the Township of Jackson harmless from any and all claims, judgments or demands of any kind whatsoever arising out of the issuance of the permit. The form and contents of said hold harmless agreement shall be approved by the Township Attorney.
This article shall not be construed to apply to funeral services or funeral processions.
Any person or persons violating any of the provisions of this article shall, upon conviction by a court of competent jurisdiction, be punished by a fine not to exceed $500 or imprisonment in the Ocean County Jail for a period not to exceed 90 days, or both.
[Adopted 12-5-1972 by Ord. No. 12-72 (Ch. 81, Art. II, of the 1972 Code)]
No person, group of persons, partnership, association or corporation, or any combination thereof, shall maintain, conduct, promote or operate on any lands or premises within the Township of Jackson, other than in established auditoriums or other places licensed or permitted for public occupancy as limited by law, any use thereof for the purposes of mass musical or public entertainment of various designations, or participation therein, including but not limited to pop festivals, rock music festivals, rock festivals, jazz festivals, rock and roll music festivals, or such other combinations thereof, except pursuant to a special permit issued therefor by the Township of Jackson as hereinafter provided.
No owner, lessee, licensee or other person, partnership, association or corporation having any right to or interest in any real property within the jurisdiction of the Township of Jackson shall license, rent, lease or otherwise permit the use of such real property or any part thereof for the use of mass musical or public entertainment of various designations, or participation therein, other than in established theaters, auditoriums or other places licensed for public occupancy as limited by law, except pursuant to a special permit issued therefor by the Township Committee as hereinafter provided.
The Township Committee may issue a special permit upon written application made by such person, partnership, association or corporation, or combination thereof, who proposes to maintain, conduct, promote or operate such mass musical or public entertainment, or participation therein, together with the owner, lessor or licensor who proposes to rent, lease, license or otherwise permit such mass musical or public entertainment, or participation therein, all hereinafter designated as the "applicant."
[Amended 7-11-1978 by Ord. No. 39-78]
The applicant shall file a verified application with the Township Clerk of the Township of Jackson at least 60 days prior to the date or dates upon which such event is to take place. In the event that the applicant is a corporation, the application shall be duly signed and verified by a proper corporate officer and shall be accompanied by a current corporate status report issued by the New Jersey Secretary of State.
The application shall be signed by all persons actually in charge of the event and by the property owners on whose property the proposed event is to take place.
The application shall be accompanied by a diagrammatic sketch or plan of the proposed site, showing dimensions of the parking area, driveways and roads as they relate to traffic flow, traffic control and parking.
The application shall further state, in specific detail, what provisions are proposed for the accommodation of the persons attending in the following particulars:
Food and drink.
Shelter, if overnight stay is requested.
Toilet and other sanitary facilities.
Medical and hospital care, including the name of a physician to be present at the site at all times and the names of first aid and ambulance services to be available.
Parking of cars, indicating parking areas and means of ingress and egress.
Public safety, indicating the kind and number of guards or special police assisting in the control of traffic and supervision of those attending the event and indicating specific details as to their posts and assignments.
Each application shall have attached thereto the written recommendations of the following with respect to the adequacy of the provisions proposed under the items set forth in § 298-7A(5) of the application procedure:
The Chief of Police of the Township or his designee.
The New Jersey State Police having jurisdiction of Jackson Township.
The Fire Chief of the fire district involved.
The Township Board of Health or its designee.
The Township Health or Sanitation Officer.
The Township Engineer.
The Township Committee, after public hearing thereon held within 30 days after submission of such application, held pursuant to the publication of a notice of hearing published at least once in the official newspaper of the Township at least 10 days prior to such hearing, after considering the application and after causing due investigation and report to it and after considering the facts and circumstances in the premises and after giving due regard to the recommendations of the State Police, the Fire Chief, the Sanitation Officer, the Board of Health and the Township Engineer, may issue a special permit upon such terms and conditions as it deems necessary and proper to ensure the public health, safety and welfare.
The applicant, prior to the event, shall post a bond, suitable to the Township Committee as to amount and surety, to ensure cleanup and restoration of the area at which such event takes place within 48 hours after the close of the event.
A fee of $100 shall accompany each application.
[Amended 7-11-1978 by Ord. No. 39-78]
This article shall not be applicable where there are to be less than 1,000 people attending such event and where such event does not exceed a period of more than 12 consecutive hours, and provided further that the Chief of Police of the Township, the New Jersey State Police and the Township Clerk are notified of said event at least 48 hours in advance thereof by written notice duly receipted by the Chief of Police, the New Jersey State Police and the Township Clerk.
Any person, group of persons, partnership, association or corporation, individually or collectively, who shall violate or aid in, take part in or assist in the violation of this article shall be subject, upon conviction, to a fine of not more than $500 or imprisonment for a period not to exceed 90 days, or both. Each and every day that such violation occurs or continues to exist shall be considered a separate and specific violation.
Nothing contained herein shall be deemed or construed so as to prevent the enforcement of any other remedy at law, concurrent or otherwise, available to the Township of Jackson or other law enforcement authority to avoid or prevent any violation or attempted violation of this article, such as but not limited to an injunction or restraining order.
This article is in addition to any other law, ordinance or regulation affecting the subject matter herein and is not in limitation thereof.