[HISTORY: Adopted by the Township Committee of the Township
of Readington 3-16-2020 by Ord. No. 08-2020. Amendments noted
where applicable.]
The purpose and intent of this chapter is to enable the Township
and the Township Committee to have oversight of the type and scope
of events to be held within the confines of the Township. Through
the input of all operational facets of the Township upon which the
special event shall have impact, the Township shall protect the health,
safety, and welfare of the Township residents and community as a whole.
A.
Requirement for permit. Any person or organization desiring to hold any commercial or fund-raising event, i.e., concert, race, parade, walkathon, fair, carnival, festival, celebration, balloon festival, bicycle race, running event, show, seasonal farmers market on a nonagricultural property, or other similar event in or upon any public grounds or private property, park or road of the Township must first apply for, and obtain a permit from the Township Clerk in accordance with the requirements of § 201-3 of this chapter. Any such event which is likely to require the expenditure of Township resources in the form of the Police Department, Fire Department, Department of Public Works, Recreation Department and/or Emergency Medical Services shall constitute a special event. To obtain a permit for a special event, the applicant shall also satisfy the requirements of § 201-4 of this chapter.
B.
Definition of special event. An event shall also be considered a
"special event," when it involves the closing of a public street;
the blocking or restriction of public property; the sale of merchandise,
food, or beverages on public property or on private property where
otherwise prohibited by ordinance; the installation of a stage, band
shell, trailer, van, portable building, grandstand, or bleachers on
public property, or on private property where otherwise prohibited,
the placement of portable toilets on public property or on private
property where otherwise prohibited, or placement of temporary "no
parking" signs on a public right-of-way.
C.
Other approvals and/or permits. The issuance of a permit shall not
excuse the applicant from securing approvals or permits that may be
required from any other governmental agency having jurisdiction over
the event, including but not limited to, the Division of Alcoholic
Beverage Control, the Department of Environmental Protection, the
Board of Health, the County of Hunterdon or Somerset, and/or the State
Agriculture Development Committee.
[Amended 11-6-2023 by Ord. No. 26-2023]
D.
Outstanding violations. A permit may be denied if there are outstanding
governmental zoning, construction, fire code, or other subcode violations
against the property.
[Amended 11-6-2023 by Ord. No. 26-2023]
A.
Application. A person or organization seeking a permit hereunder shall file an application with the Township Clerk utilizing the non-Township sponsored application special events checklist and application form adopted herewith, and included with this chapter as “Attachment under Chapter 201,” together with the applicable fees and escrow fees. The applicant shall furnish the following information. In the event of a conflict between the language below and the form, the form shall supersede:
[Amended 11-6-2023 by Ord. No. 26-2023]
(1)
The name, mailing address, email address and telephone number(s)
of the person, event organizer and/or applicant requesting the permit.
(2)
The name, mailing address, email address, and telephone number(s)
of the person, persons, corporation, association, or organization
sponsoring the activity.
(3)
The name, email address, and telephone number of the person who will
act as the point of contact on-site during the special event.
(4)
The name, email address and telephone number of the person who will
act as an alternate/emergency contact on-site during the special event.
(5)
A detailed description of the proposed event including the name,
type, and location. The applicant shall further specify if the event
will be:
(6)
The applicant shall specify if the event is a reoccurring or annual
event previously approved by the Township. If so, the date of the
last event shall be indicated and a copy of the corresponding special
event approval shall be included with the application.
(7)
The application shall specify the date(s) of the event and any rain
dates, the advertised start and finish times of the event, and the
total time anticipated to be devoted to the event on-site (including
setup and cleanup time).
(8)
Whether or not any music or other entertainment will be provided,
either live or recorded, whether there will be an announcer, auctioneer,
MC or host, or other; whether it will be indoors or outdoors, and
the hours of the entertainment. If there will be no amplified music,
sound or entertainment, the application shall so specify.
(9)
Whether any food or beverages (alcoholic or nonalcoholic) will be
served, sold or sampled on premises. The methods of food preparation
shall be specified, as well as how it will be served, including whether
or not food trucks will be present.
(10)
Whether any police, emergency, or other support staff may be
required.
(11)
The location of the event for which the permit is sought and
complete details as to how the applicant intends to provide for crowd
control, security and traffic control (subject to review and recommendation
of the Township's Police Department). The application shall specify
whether the following are required, together with the number of personnel
needed: police, EMS, fire, public works/roads, and/or other municipal
support staff. As provided in other applicable sections of this chapter,
the Township shall be reimbursed for use of Township personnel or
emergency services. If there are any special or unusual requirements
created as a result of the event, the application shall describe,
and the Township shall determine, what level of municipal or emergency
services participation is needed.
(12)
The number of participants, spectators, and/or other people
that could reasonably be anticipated to attend the event. This number
shall include the event organizers, staff, volunteers and attendees.
(13)
The applicant shall specify whether any streets, or portions
of streets, are requested to be closed or blocked off. If so, the
street name and street number range (if less than the entire length)
shall be provided, together with a map depicting the area of closure.
If the street is a county road, the applicant shall attach evidence
of approval from the county in which the road is located.
(a)
In the event closure or partial closure of a street or portion
of a street is approved or determined necessary by the event, the
applicant shall be required to provide written notice to all impacted
property owners at least 10 days' prior to the event date. For
the purposes of this chapter, "impacted parties" include property
owners in close proximity to the event, properties located along the
street(s) or portion of the streets to be closed, and any other parties
identified by the Township during review. In the event of a total
closure, an alternate traffic route or access plan shall be provided.
(14)
The Applicant shall specify whether or not the event will include
rides, inflatables, amusements, fireworks or other pyrotechnic displays,
tents, on-site signage, banners or other displays, and/or generators.
If so, sizes and amounts shall be provided as necessary to complete
the review.
(15)
An event site plan shall be submitted with the application which
describes the area or route to be used and provides the location,
number and size (as applicable) of proposed structures, tents, fences,
barricades, planned ingress and egress locations, parking areas, signs/banners,
directional signage, parking pay stations, restroom/port-a-john facilities,
parking pay stations, location of emergency services, eating areas,
food trucks, garbage, litter and/or recycling receptacles/dumpsters,
and any other relevant information.
(16)
If the event (or recurring event) involves attendance by more
than 200 people, requires the assistance of Township personnel or
services, or use of public property, the applicant shall be responsible
for providing:
(17)
The applicant shall be responsible for acquiring all other Township
and outside agency approvals having jurisdiction over the event and
supplying copies as part of the application or as a condition of approval,
as appropriate, including but not limited to permits required from
or coordinated with the: a) Construction/Building Code department
(such as generators, mechanical equipment, electrical facilities,
platforms/stages/scaffolding, tents, and/or heaters); b) Recreation
Department (park facility use); c) Board of Health (food concessions/food
trucks, portable toilets, and/or animals); d) Municipal Clerk's
Office (raffles, games of chance, and/or alcoholic beverage control
permits); e) Fire Prevention (fireworks/pyrotechnics, grills/open
flame cooking, open burns and/or tents); and (f) county or state agencies
having jurisdiction over the event. Notwithstanding anything to the
contrary, no event shall be conducted without the applicant first
supplying copies of all applicable permits to the Township Clerk.
(18)
An acknowledgment that if the permit is issued, the applicant
will. a) be bound by all applicable Township ordinances, rules and
regulations; and b) be liable for all loss, damage or injury sustained
by any person, for whatever reason, which might occur during the special
event due to the negligence of those organizers, persons, corporations
or associations.
(19)
Signed acknowledgment to be bound by terms of the escrow deposit/fees
set forth in this chapter.
(20)
Any other information which the Township Clerk shall find reasonably necessary to assist the governing body in determining whether or not a permit should be issued hereunder, including sufficient insurance protecting the Township for events occurring on public property per Subsection A(16) above.
B.
Reference for review. Upon determining that the application is complete, the Township Clerk shall refer the application to the Police Chief or Public Safety Director, Zoning Officer, Construction Code Official, and any other department heads as may be necessary or applicable for preliminary review and recommendation in accordance with § 201-5 of this chapter.
[Amended 11-6-2023 by Ord. No. 26-2023]
C.
Exemptions.
(1)
No permit shall be required for a governmental agency acting within
the scope of its function.
(2)
No permit shall be required for events sponsored by the Township
of Readington.
(3)
No permits shall be required for events sponsored by the Readington
Township Board of Education, and/or emergency volunteer services of
the Township of Readington, except when they involve the closure or
obstruction of any public roads or public property.
(4)
Noncommercial private parties, celebrations, gatherings and other
events which are conducted by invitation only and are not open to
the public and which are conducted on privately owned lands by the
owner thereof unless they involve the anticipated closure or obstruction
of any public roads or public property.
A.
The application shall be filed, in writing, with the Township Clerk
by the organizer or persons in charge of or responsible for such event
at least 45 days before the scheduled date of the event.
[Amended 11-6-2023 by Ord. No. 26-2023]
B.
Fees.
[Amended 11-6-2023 by Ord. No. 26-2023]
(1)
Application fees shall be included with the application to help offset
the Township's administrative costs in issuing a permit as follows:
(2)
Escrow fees/deposits.
(a)
A deposit of the greater of $1,000 or 100% of the anticipated cost of costs/expenses as provided by the municipality for use of municipal resources provided in § 201-8 below. Unused portions of escrow fees are refundable upon request and approval by the Township Committee.
(b)
Escrow deposits shall be paid not less than five days before
the event or a permit will not be issued.
(c)
In addition to the initial escrow deposit, applicants shall
be responsible for the reimbursement of any additional costs incurred
by the Township for use of its equipment, emergency services, police,
DPW, code or subcode, or other support before, at, or after the event
at the same rates incurred by the Township.
C.
Permit fees may be amended by resolution of the Township Committee
in the future.
[Amended 11-6-2023 by Ord. No. 26-2023]
A.
All special event applications shall be presented to the governing
body by the Township Clerk, together with any Department recommendations,
at a public meeting not more than 20 days following the filing of
the completed application. The Township Clerk may withhold an application
from consideration by the governing body if the Township Clerk and/or
Township departments determine that the application is incomplete
or if an informed decision cannot be made without first obtaining
additional essential information, in which case the applicant shall
be advised, in writing, of the nature of the additional or incomplete
information required within 20 days following the filing of the application.
B.
When considering whether to grant a permit application, the governing
body shall take into consideration one or more of the following, based
on any recommendations of the Chief of Police, Public Safety Director,
or other applicable department heads:
(1)
The proposed event's impact on the public health, public safety
and general welfare of the public.
(2)
The impact of the proposed event on the public's enjoyment of
the Township's amenities, if applicable.
(3)
The impact of the proposed special event on the Township's resources
and/or services.
(4)
Whether or not the proposed event will unreasonably interfere with
the public use of the streets and sidewalks and private properties
and can be conducted in a safe manner.
(5)
Whether or not the proposed event will conflict with another proposed
or scheduled special event in such a fashion that the Township's
Police Department and/or other departments would have insufficient
manpower to provide for the public safety of the community.
(6)
Whether or not there will be a sufficient number of ambulances, emergency
service and firefighting equipment and the attendant personnel designated
for the special event, and the conduct of the event will require the
diversion of too many ambulances, emergency service, firefighting
equipment or related personnel as to prevent normal ambulance, emergency,
or firefighting service for the rest of the Township during the event.
The applicant will consult with and comply with any recommendations
of the Chief of the Rescue Squad and the Chief of the fire department
servicing the locality.
(7)
The manner in which the applicant intends to provide notice of the
event to neighborhoods impacted by the proposed special event.
(8)
The governing body shall not consider the content of the speech,
actions or event in reaching its decision on whether to grant the
permit or to incorporate any conditions, unless it determines that
such conditions meet a strict scrutiny test in conformance with the
United States Constitution and the Constitution of the State of New
Jersey and there is a compelling public interest in imposing such
stipulations.
C.
The items listed below and any other documentation determined to
be provided as a condition of approval must be submitted to the Township
Clerk at least five calendar days' prior to setup for the special
event activities, if applicable:
(1)
The applicant shall obtain all necessary permits for the sale/service/sampling
of any alcoholic beverages.
(2)
Evidence of adequate insurance coverage to the Township, including
naming the Township as an additional insured if deemed necessary.
(3)
The applicant shall have secured and paid for all other permits required
under municipal, state or federal regulations in connection with the
special event, including zoning requirements, if applicable.
[Amended 11-6-2023 by Ord. No. 26-2023]
Any permit granted under this chapter may contain conditions reasonably calculated to reduce or minimize dangers and hazards to vehicular or pedestrian traffic and the public health, safety and welfare, including, but not limited to, changes in time, duration or number of participants, or such conditions as will satisfy the health, safety and welfare concerns set forth in § 201-5 above. Failure to comply with such conditions may be a cause for denial of future special events permits.
A.
For the purpose of protecting the public health, safety and welfare,
the Chief of Police or Public Safety Director, as appropriate, may
order the temporary closing of streets during the special event and
shall direct the posting of proper warning or directional signs in
connection therewith.
[Amended 11-6-2023 by Ord. No. 26-2023]
B.
Any permit granted under this chapter must contain a guarantee from
the applicant that the areas used for the special event shall be cleaned
up as soon after the conclusion of the special event as is reasonably
possible. This cleanup shall include, but not be limited to, such
items as refreshments, signage and any litter or debris generated
from the special event.
[Amended 11-6-2023 by Ord. No. 26-2023]
A.
Liability. A permit holder shall be bound by all applicable Township
ordinances, rules, and regulations, except so expressly set forth
in the resolution. The person or persons to whom the permit is issued
shall be liable for all loss, damage, or injury sustained by any person
whatever by reason of the negligence of the person or persons to whom
such permit shall have been issued. The permittee may be required
to submit to the Township Clerk prior to the event evidence of liability
insurance in an amount required by the governing body, naming the
Township as an additional insured. As provided elsewhere in this chapter,
the permittee shall be responsible for all additional costs incurred
in the event that additional resources are needed for the special
event, such as, but not limited to, manpower and/or equipment.
B.
If applicable and recommended by the Township's attorney, the
holder of a special event permit shall agree, in writing, to indemnify
and hold harmless the Township, its servants, agents and employees
from any claims caused by the activity covered by such permit. The
holder of such permit shall present to the Township/Clerk a certificate
of insurance in advance of the event, which will provide indemnification
in a form acceptable to the Township, including listing the Township
as an additional insured on the policy, should the event involve more
than 200 people, or should it be determined to involve a higher risk
of injury or danger to the public health, safety, and welfare, involve
the use of Township personnel, equipment, or public property.
C.
If the Chief of Police or Public Safety Director, as appropriate,
deems it necessary to have additional police officers made available
for the purpose of preserving the public health, safety and welfare
during the course of the special event, then the Chief or Public Safety
Director, as appropriate, shall so advise the applicant at the time
the permit is issued. If additional expenses or costs are incurred
for the purpose of providing such police protection, then the holder
of the permit shall be required to pay for same or reimburse the Township
for such expenses or costs according to the existing policy of the
Township on payment of said officers.
D.
If the Chief of Police, Director of Public Safety, the Office of
Emergency Management or the Chief of the Rescue Squad, Fire Department,
or other authorized Township official, as applicable, determines that
it is necessary to have emergency, DPW, construction code/subcode,
fire, or rescue squad personnel available at the special event for
the purpose of preserving the public health, safety and welfare, then
he (they) shall so advise the applicant at the time the permit is
issued. The applicant shall be required to pay for same or to reimburse
the Township for such expenses or costs according to the existing
policy of the Township on payment of said personnel. The applicant
shall use local emergency, fire or rescue squad personnel and equipment
unless sufficient personnel or equipment is not available; this will
be at the discretion of the Chief of the department. Coordination
and logistics of the emergency services will be under the direction
of the Chief of the department.
E.
Revocation of permit. The Chief of Police, Director of Public Safety,
Zoning Official, Construction Code Official and/or Fire Official,
as applicable, shall have the authority to revoke a permit upon a
finding of violation of any rule or ordinance or upon good cause shown.
A.
A person commits a violation of this chapter if he or she:
[Amended 11-6-2023 by Ord. No. 26-2023]
B.
Any person, firm, or corporation found guilty in the Municipal Court
of the Township of Readington of a violation of the terms of this
chapter shall be subject to a fine of not more than $1,000 or imprisonment
for a period not exceeding 90 days, or both, in the discretion of
the Municipal Court Judge.
A.
The Police Department of the Township and other authorized personnel
shall, in connection with their duties imposed by law, diligently
enforce the provisions of this chapter.
B.
The Police Department of the Township and other authorized personnel
shall have the authority to eject from the special event area any
person or person acting in violation of this chapter.
C.
The Police Department of the Township and any other authorized personnel
shall have the authority to seize and confiscate any property, thing,
or device used in violation of this chapter.
This chapter supersedes and repeals any ordinances, sections
or portion(s) of any other Township ordinance inconsistent herewith.
If any section, paragraph, subdivision, clause or provision
of this chapter is adjudged invalid, such adjudication shall apply
only to the section, paragraph, subdivision, clause or provision so
adjudged, and the remainder of this chapter shall be deemed valid
and effective.
This chapter shall take effect immediately upon final passage
and publication in accordance with law.
