[HISTORY: Adopted by the Township Committee of the Township of Harmony 9-3-2019 by Ord. No. 19-7. Amendments noted where applicable.]
The purpose and intent of this chapter is to enable the Township of Harmony and its Governing Body to have control over the type and scope of special events to be held within the confines of the Township, while insuring the protection of the interests of those in the community upon whom such special events shall impact.
As used in this chapter, the following terms shall have the meanings indicated:
- SPECIAL EVENT
- Any event, conducted in the Township of Harmony, which is anticipated to have 100 people or more on any day or consecutive days; which includes guests, hosts, participants, spectators, employees, caterers and any other individual to be located on the site of the event. "Event" shall include movie event, television event, photography event, concert, race, walkathon, fair, carnival, celebration, private party, sporting event, show, or any other large public or private gathering conducted on public or private property.
The Township of Harmony requires a permit for any special event as defined in § 138-2. Requirements for such permit application are set forth in § 138-3D hereof. Failure to obtain a permit required herein will result in the inability to hold the event. The holding of an event which is subject to the requirement of a permit, without obtaining such permit, shall constitute a violation of this section.
Permit applications required hereunder will be available to the public at the Municipal Clerk's office during the times the Township is open to conduct business and, on the Township's, official website. An application shall be filed with the Municipal Clerk within 30 days prior to the event. The issuance of permit shall not excuse the applicant from securing approvals or permits that may be required from any other governmental agency having jurisdiction, including, but not limited to, the division of Alcoholic Beverage Control, the Department of Environmental Protection, Board of Health, etc.
No person shall be entitled to a permit if there are outstanding governmental, zoning, construction or fire code violations against the property.
An application for permit hereunder shall be signed by the person, persons or parties responsible and shall be filed with the Municipal Clerk. The applicant shall set forth in the application for the permit the following information:
The name, address and telephone number of the applicant(s).
The name, address and telephone number of the person or persons, corporation, organization or association sponsoring the activity, if applicable.
A detailed description of the proposed event and a sketch that shows the area or route to be used, along with proposed structures, tents, fences, barricades, signs, banners and restroom facilities, more commonly referred to as a footprint.
The date(s) and hours for which the permit is desired.
The location of the event for which the permit is desired, and complete details as to how the applicant intends to provide for security, traffic control, site cleanup, separation of recyclables and disposal of trash and debris and parking (and whether any temporary parking areas or street closures will be required).
The number of attendees, participants, spectators, contestants, cast, crew and/or other people that are reasonably anticipated to attend the event.
A detailed description of the Township's resources or services that may be required to be provided in connection with the event.
A statement specifying whether food or beverage are intended to be presented, served, cooked, prepared or distributed (by either the hosts, the participants/guests or caterers); the method of disposing of garbage, trash, rubbish or any other refuse arising therefrom, including animal waste or animal parts. A temporary food permit from the health department may be required.
A statement specifying the toilet facilities, number and placement, that will be available during the event and arrangements for the cleaning, emptying services of those facilities during and after the event.
The Municipal Clerk is the Municipal Official to receive all permit applications pursuant to § 138-3D hereof. Upon receipt of the aforesaid permit application, the Municipal Clerk shall have the event application reviewed by the New Jersey State Police, Township Fire Official, Health Officer, Zoning Officer, Construction Official and Township Engineer for compliance with local and state ordinances, laws, requirements and regulations and for their recommendations, if any. A copy of said recommendations shall be delivered to the Township Administrator.
The Township Administrator shall then make and forward his/her recommendations on the permit application to the Township Committee for its review and decision. The issuance of the permit by the Township Committee may include with it reasonable conditions the Township Committee believes appropriate for the safe and reasonable conduct of the special event. The standards by which the Township Committee may consider any application for approval or denial shall include, but are not limited to, number of persons on-site, sanitary facilities, traffic, parking, security, impact on neighborhoods, noise levels, length of activity, proximity to residences/businesses, public health and prior events. The Township may require the hiring of off-duty police in connection with a special event, at the sole cost and expense of the applicant.
The following shall be exempt from obtaining a special event permit:
Events sponsored by the Township of Harmony, the Harmony Township Board of Education, the Harmony Historical Society/Commission, Warren County Farmer's Fair Association and/or emergency volunteer services of the Township of Harmony.
The hours of operation of all special events in the Township of Harmony, excluding set up and close of operations shall be commenced no earlier than 8:00 a.m. and concluded no later than 11:00 p.m. of the same day. Both the premises where the special event is held, and the parking area shall be closed as expeditiously as possible after the conclusion of any special event.
Local, county and state personnel shall be permitted to conduct an on-site inspection of the property to ensure compliance with the permit prior to and/or during the event. Failure to allow access to the property of any municipal, county or state official shall be grounds for nonissuance or revocation of a permit.
No person, party or entity shall conduct a special event without proper permit, which shall be available for inspection by the police, Township Clerk, Township Zoning Officer or any other individual designated by the Township, at the location and time of the event. It shall be a violation of this chapter to conduct a special event without the proper permit or without proper permit available for inspection.
It shall be the permit applicant's responsibility to secure all necessary other permits, licenses and/or approvals which may be required (i.e., by state, local or other outside agencies), in conjunction with the proposed event.
All permit applicants shall assume all risks associated with premature advertisement of any event prior to the time of the issuance of a permit by the Township, as well as any and all other costs which may have been expended prior to the time of official approval of the application by the Township.
All permit holders shall be required to abide by all requirements set forth in the permit, as well as all Township ordinances, state statutes (including but not limited to the New Jersey Riot Act, N.J.S.A. 2C:33-1 et seq.) and all other rules and regulations which may be applicable to the event.
The person and organization to which the permit is issued will be responsible to coordinate all parking requirements and street closures with the New Jersey State Police Department by contacting the Washington Barracks.
All permit holders shall be liable for all losses, damages, and/or injuries sustained by any person whatsoever by reason of the event or activities associated with the event.
All permit holders must answer to actions resulting in bodily injury to any and all persons and shall defend, indemnify and hold the Township, its officers, employees, professionals, contractors, agents and representatives harmless from and against any and all liability for claims, demands, damages, suits, judgments, fines, losses and expenses, of any nature, which are sustained as a result of the event.
All permits issued pursuant to this section shall be temporary and do not invest any permanent or continuing rights. No permit issued pursuant to this section shall convey any right, interest or title in any Township property to the permit holder. Any permit may be revoked at any time by the Township, for violation of the conditions for which the permit was issued, or for violation of any ordinance which relates to the conducting of the event, or for violation of any of the terms of this section, or when the event is found not to be in the best interests of the Township or for other good cause shown.
Any violation of the provisions of this chapter, occurring prior to or during the event, shall be subject to a revocation or nonissuance of its permit for such event by the enforcement officers or the Municipal Clerk. In the case of a revocation of a permit or violation of the rules and regulations provided herein where a permit is not request, the enforcement officers may order an immediate cease and desist of the event. In addition thereto, any violation of this chapter by the host/organizer of the event to which this section pertains shall be subject such violator, upon conviction, and at the court's discretion, to a fine not to exceed $2,000 for each such violation. Each day shall be considered a separate 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 Harmony or other law enforcement authority to avoid or prevent any violation or attempted violation of this chapter, such as, but not limited to an injunction or restraining order.