A.
The emission of sound from any loudspeaker or similar device for
the purpose of conducting a party, barbecue or other social event
outside of a quiet zone between the hours of 12:00 noon and 10:00
p.m. on weekdays and Sundays and 11:00 a.m. and 11:00 p.m. of Saturdays
throughout the spring and summer months beginning on the Saturday
immediately preceding Memorial Day through the last Sunday in September.
B.
Any public performance, concert, gathering, rally, revival, parade
or other outdoor activity for which a permit has been obtained from
the Borough of Roselle or to any block event or neighborhood activity
for which approval has been obtained from the Borough of Roselle.
C.
Any event sponsored or conducted by the Borough of Roselle, the county,
the State of New Jersey, or any of their governmental agencies.
D.
Any performance, concert practice, athletic game or public activity
sponsored or conducted by the Roselle School District.
E.
Any public performance, concert, gathering, parade or other outdoor
activity sponsored or conducted by the Borough of Roselle, its agents,
boards or commissions.
F.
Church bells and church chimes.
G.
Noise from approved construction activity.
H.
Noise from air-conditioning and air-handling devices.
I.
Noise from snowblowers, snow throwers and snowplows when operated
with a muffler for the purpose of snow removal.
B.
Special variances.
(1)
The Mayor and Council shall have the authority, consistent with this
section, to grant special variances which may be requested for good
cause shown.
(2)
Any person seeking a special variance pursuant to this section shall
file an application with the appropriate department within the Borough.
The application shall contain information which demonstrates that
bringing the source of sound or activity for which the special variance
is sought into compliance with this article would constitute an unreasonable
hardship on the applicant, on the community or on other persons. Any
individual who claims to be adversely affected by allowance of the
special variance may file a statement with the department containing
any information to support his or her claim. If the department head
finds that a sufficient controversy exists regarding an application,
such department head may recommend that appropriate action be taken
by the Mayor and Council.
(3)
In determining whether to grant or deny the application, the Mayor
and Council shall balance the hardship to the applicant, the community
and other persons, the special health, safety and welfare of persons
affected, the adverse impact on property affected and any other adverse
impact in granting the special variance. Applicants for special variances
may be required to submit any information the reviewing department
or directors may reasonably require. In granting or denying an application,
the Mayor and Council shall maintain a copy of the decision and reasons
for granting or denying the special variance, in accordance with the
state law.
(4)
Variances in time to comply shall be granted to the applicant containing
all necessary conditions, including a schedule for achieving compliance.
The variance in time to comply shall not become effective until all
conditions are agreed to by the applicant. Noncompliance with any
condition of the variance shall terminate the variance and subject
the person or entity holding it to those provisions of this chapter
for which the variance was granted.
(5)
Application for extension of time limits specified in variances in
time to comply or for modification of other substantial conditions
shall be treated like applications for initial variances under this
section, except that the Mayor and Council must find that the need
for extension or modification clearly outweighs any adverse impact
of granting the extension or modification.
(6)
The department head may issue guidelines defining the procedures
to be followed in applying for a variance in time to comply and the
criteria to be considered in deciding whether a variance will be recommended
to the Mayor and Council.
A.
Application information. The application for a permit to operate
a loudspeaker or other sound-amplifying device within the Borough
of Roselle must be submitted, in writing, to the Borough Clerk. Said
application shall contain the name and address of the applicant, the
name and address of the owner of the loudspeaker and/or sound amplifier,
the date on which said device is intended to be used and the purpose
of the use of the same.
B.
Issuance of permit. Upon receipt of the foregoing information and
after a routine police check to satisfy the requirements of this chapter,
the Borough Clerk, following approval by the Mayor and Council, shall
issue a permit for the use of the loudspeaker or sound amplifier.
A.
Permits for the use and/or detonation of explosives or fireworks which violate § 295-7 shall be obtained prior to the use and/or detonation of the same; however, under no circumstances shall a permit be issued for the use and/or detonation of dangerous fireworks, as defined in N.J.S.A. 21:2-3.
B.
A completed application shall be submitted to the Roselle Fire Department
with an application fee of $500 no less than 45 days prior to the
event, or a late charge shall be assessed as follows:
C.
Application requirements.
(1)
All applications for permits in accordance with this section shall
set forth the following:
(a)
The date, time and place of making such display or discharge;
(b)
The name, address, telephone number, ID or social security number
of any person making the display and/or in charge of igniting, firing,
setting off, exploding or causing to be exploded such fireworks or
explosives;
(c)
The experience of any person making the display and/or in charge
of igniting, firing, setting off, exploding or causing to be exploded
such fireworks or explosives, including references;
(d)
Whether any person making the display and/or in charge of igniting,
firing, setting off, exploding or causing to be exploded such fireworks
has ever been convicted of a crime, indicating the date and type of
conviction (if any); and
(e)
A list of fireworks and/or explosives to be displayed or discharged,
and where same are to be stored prior to the display or discharge.
(2)
Applications for a permit under this section will be considered incomplete
unless the following has been submitted:
(a)
Site plan;
(b)
Surety in the form of a certified check or money order payable
to the Roselle Fire Department in the sum of $2,500 conditioned for
payment of all damages to persons or property by reason of the event.
(c)
Certification of insurance naming the Borough of Roselle as
co-insured stating that the insured shall indemnify the Borough of
Roselle and hold the Borough of Roselle harmless in the amount of
$1,000,000.
(d)
A copy of the explosives/fireworks vendor's "Permit to Manufacture
Explosives" and/or "Permit to Use Explosives."
D.
Permit issuance. A resolution authorizing a permit shall be obtained
from the Borough of Roselle prior to the sale, display or discharge
of any fireworks within the Borough of Roselle.
(1)
Permit fee. The fee for such permit is $300, which shall be payable
upon approval of a completed application under this section but in
any event must be paid prior to the first day of the event/display
for which the applicant applied.
(2)
Conditions for issuance. The display and/or discharge of fireworks
and explosives shall be handled by a competent operator approved by
the Chiefs of the Police and Fire Departments of the Borough of Roselle.
Such display shall be of such a character, and so located, discharged,
or fired, as in the opinion of the Chiefs of the Police and Fire Departments,
after proper inspection, shall not be hazardous to property or endanger
any person(s). The location of the storage place of the fireworks
or explosives shall be subject to the approval of the Chief of the
Fire Department. Prior to the issuance of a permit, the application
for same, including the certificate of insurance, must be reviewed
and approved by designated legal counsel for the Borough of Roselle.
The sale, possession, use and distribution of fireworks for such display
shall be lawful under the terms and conditions approved with the permit
and for that purpose only. No permit issued hereunder shall be transferable.
Upon issuance of the permit, the Roselle Fire Department shall immediately
notify the Police Department of the same.
