Township of Old Bridge, NJ
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Old Bridge 8-21-1978 by Ord. No. D-235 (Sec. 5-11 of the 1973 Revised General Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Amusement devices — See Ch. 35.
Carnivals and circuses — See Ch. 95.
Flea markets — See Ch. 193.
Games of chance — See Ch. 210.
Noise — See Ch. 300.
Racetracks — See Ch. 373.

§ 169-1 License required; fee; definitions; restrictions.

A. 
No person shall permit, maintain, promote, conduct, advertise, act as entrepreneur, undertake, organize, manage, sell or give tickets to an actual or reasonably anticipated outdoor assembly of 1,000 or more people, whether on public or private property, unless a license to hold the assembly has first been issued by the Township Clerk of the Township of Old Bridge, application for which must be made at least 30 days in advance of the assembly. A license to hold an assembly issued to one person shall permit any person to engage in any lawful activity in connection with the holding of the licensed assembly.
B. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
ASSEMBLY
A company of persons gathered together at any location at any single time for any purpose.
PERSON
Any individual, natural human being, partnership, corporation, firm, company, association, society or group.
C. 
A separate license shall be required for each day and each location in which 1,000 or more people assemble or can reasonably be anticipated to assemble. The fee for each license shall be $250.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
D. 
The license shall permit the assembly of only the maximum number of people stated in the license. The licensee shall not sell tickets to nor permit to assemble at the licensed location more than the maximum permissible number of people.
E. 
The licensee shall not permit the sound of the assembly to carry unreasonably beyond the closed boundaries of the location of the assembly.
F. 
No such assembly shall be conducted between the hours of 2:00 a.m. and 6:00 a.m.
G. 
Any applicant which is a recognized community service and charitable group or has a principal function activity related thereto may apply to the Township Council for a variance from the terms of this chapter, provided that the Council is satisfied that the variance would be in the public interest.
H. 
This chapter shall not apply to government-sponsored affairs held on regularly established fair grounds nor to assemblies required to be licensed by other ordinances and regulations of the Township of Old Bridge.
I. 
This chapter shall not apply to the conduct of any festivals or mass assemblies which are conducted by any operator of a race track which is licensed under Chapter 373, Racetracks, of this Code, which has as its primary purpose the showing or selling of vehicles, components, parts or accessories related to motor vehicles, motorcycles, scooters or other similar motorized conveyance.
[Added 2-13-1996 by Ord. No. 4-96]

§ 169-2 Conditions for issuance of license.

Before the issuance of a license, the applicant shall first:
A. 
Determine the maximum number of people which will be assembled or admitted to the location of the assembly, provided that the maximum number shall not exceed the number which can reasonably assemble at the location of the assembly, in consideration of the nature of the assembly.
B. 
Provide proof that he will furnish, at his own expense, before the assembly commences:
(1) 
A fence completely enclosing the location of sufficient height and strength to prevent people in excess of the maximum permissible number from gaining access to the assembly grounds, which fence shall have at least four gates, at least on four opposite points of the compass.
(2) 
Potable water meeting all federal and state requirements for purity, sufficient to provide drinking water for the maximum number of people to be assembled, at the rate of at least one gallon per person per day.
(3) 
Enclosed toilets for males and females, meeting all state and local specifications, conveniently located throughout the grounds as follows:
(a) 
For events with an anticipated duration of eight hours or less or where the anticipated attendance of each person in the event area will be for eight hours or less: one toilet designated for males and one toilet designated for females for every 350 people in attendance.
(b) 
For events with an anticipated duration greater than eight hours or where the attendees will be in the event area for a period greater than eight hours: two toilets designated for males and two toilets designated for females for every 350 people in attendance.
(4) 
A sanitary method of disposing of solid waste, in compliance with state and local laws and regulations, sufficient to dispose of the solid waste production of the maximum number of people to be assembled, at the rate of at least 2.5 pounds of solid waste per person per day, together with a plan for holding and a plan for collecting all such waste at least once a day in the assembly, and sufficient trash cans with tight-fitting lids and personnel to perform the task.
(5) 
Physicians and nurses licensed to practice in New Jersey as follows:
(a) 
Gatherings where the attendees will arrive and depart on the same calendar day (not to mean any twenty-four-hour period):
Attendance
Number of Physician(s)
Number of Nurse(s)
2,001 — 3,000
1
2
3,001 — 5,000
2
4
5,001 — 50,000
3
6
50,001 — 100,000
5
10
Over 100,000
5
10
(b) 
Gatherings where the attendees will depart one or more calendar days after the calendar day of arrival:
Attendance
Number of Physician(s)
Number of Nurse(s)
1,000 — 2,000
1
2
2,001 — 3,000
2
4
3,001 — 5,000
3
6
5,001 — 30,000
5
8
30,001 — 50,000
5
10
Over 50,000
5/10
10
(6) 
If the assembly is to continue during hours of darkness, illumination sufficient to light the entire area of the assembly at the rate of at least five footcandles, but not to shine unreasonably beyond the barriers of the enclosed areas of the assembly.
(7) 
A parking area inside of the assembly grounds sufficient to provide parking space for the maximum number of people to be assembled at the rate of at least one parking space for every four persons.
(8) 
Telephones connected to outside lines sufficient to provide service for the maximum number of people to be assembled at the rate of at least one separate line and receiver for each 10,000 persons.
(9) 
Security guards, either regularly employed duly sworn off-duty New Jersey peace officers or private guards licensed in New Jersey, sufficient to provide adequate security for the maximum number of persons assembled, at the rate of at least one security guard for every 750 people.
(10) 
Fire protection, including alarms, extinguishing devices and fire lanes and escapes, sufficient to meet all state and local standards for the location of the assembly, as set forth in the statutes of the State of New Jersey and ordinances of this municipality, and sufficient emergency personnel to efficiently operate the required equipment.
(11) 
All reasonably necessary precautions to ensure that the sound of the assembly will not carry unreasonably beyond the enclosed boundaries of the location of the assembly.
(12) 
A bond, filed with the Clerk of Old Bridge Township, either in cash or underwritten by a surety company licensed to do business in New Jersey, in the amount of $10,000,000, which shall indemnify and hold harmless this municipality or any of its agents, officers, servants, and employees from any liability or causes of action which might arise by reason of the granting of this license and from any damage incurred by trespass, vandalism or otherwise and from any costs incurred in cleaning up waste material produced or left by the assembly.
[Amended 5-10-1999 by Ord. No. 19-99]

§ 169-3 Application for license.

A. 
Application for a license to hold an actual or anticipated outdoor assembly of 1,000 or more persons shall be in writing to the governing body of this municipality at least 30 days in advance of such assembly. The application shall contain a statement made upon oath or affirmation that the statements contained therein are true and correct to the best knowledge of the applicant and shall be signed and sworn to or affirmed by the individual making application in the case of an individual or a natural human being, by an officer in the case of a corporation, by all partners in the case of a partnership or by all officers of an unincorporated association, society or group or, if there are no officers, by all members of such association, society or group.
B. 
The application shall contain and disclose:
(1) 
The name, age, residence and mailing address of all persons required to sign the application by Subsection A and, in the case of a corporation, a certified copy of the certificate of incorporation, together with the name, age, residence and mailing address of each person holding 10% or more of the stock in said corporation.
(2) 
The name, age, residence and mailing address of all persons contributing $500 or more to the production of said assembly.
(3) 
The address and legal description of all property upon which the assembly is to be held, together with the name, residence and mailing address of the record owner or owners of all such property.
(4) 
Proof of ownership of all property upon which the assembly is to be held or a statement made upon oath or affirmation by the record owner or owners of all such property that the applicant has permission to use such property for an outdoor assembly of 1,000 or more persons.
(5) 
The nature or purpose of the assembly.
(6) 
The total number of days and/or hours during which the assembly is to last.
(7) 
The maximum number of persons the applicant shall permit to assemble at any time is not to exceed the maximum number which can reasonably assemble at the location of the assembly, in consideration of the nature of the assembly.
(8) 
The maximum number of tickets to be sold, if any.
(9) 
The plans of the applicant to limit the maximum number of people permitted to assemble.
(10) 
The plans for fencing the location of the assembly and the gates contained in such fence.
(11) 
The plans for supplying potable water, including the source, amount available and location of outlets.
(12) 
The plans for providing toilet and lavatory facilities, including the source, number and location, type and means of disposing of deposits of waste.
(13) 
The plans for holding, collecting and disposing of solid waste material.
(14) 
Plans to provide medical facilities, including the location and construction of the structure, the names and addresses and also availability of all physicians and nurses and provisions for emergency ambulance service.
(15) 
The plans, if any, to illuminate the location of the assembly, including the source, amount of power and the location of land.
(16) 
The plans for the parking of vehicles, including the size and location of lots, points of highway entry and interior roads, including routes between highway access and parking lots. Approved state permits must be furnished.
(17) 
The plans for telephone service, including the source, number and location of telephones.
(18) 
The plans for security, including the number of guards, the deployment, their names, addresses and credentials and hours of availability.
(19) 
The plans for fire protection, including the number, type and location of all protective devices, including the alarms and extinguishers, number of emergency fire personnel to operate the equipment.
(20) 
The plans for sound control and sound amplification, if any, including the number, location and power of the amplifiers and speakers.
(21) 
The plans for food concessions and concessionaires who will be allowed to operate on the grounds, including the names and addresses of all concessionaires and their license or permit numbers.
C. 
The application shall include the bond required in § 169-2B(12) and the license fee.

§ 169-4 Public hearing.

A public hearing shall be held on each application before each license shall be issued. No license shall be issued unless the governing body is satisfied that the health, safety and welfare of the citizens of the Township will not be adversely affected.

§ 169-5 Processing and issuance of license.

The application for a license shall be processed within 21 days of receipt and shall be issued if all conditions are complied with.

§ 169-6 Revocation of license.

The license may be revoked by the governing body of this municipality at any time if any of the conditions necessary for the issuance of or contained in the license are not complied with or if any condition previously met ceases to be complied with.

§ 169-7 Enforcement; violations and penalties.

A. 
The provisions of this chapter may be enforced by injunction in any court of competent jurisdiction.
B. 
The holding of any outdoor assembly in violation of any provision or condition contained in this chapter shall be viewed as a public nuisance and may be abated as such.
C. 
Any person who violates any section or who violates any condition upon which he is granted a license may be fined or imprisoned in accordance with the general penalty provisions in Chapter 1, Article II, Penalty.[1]
[1]
Editor's Note: Original Sec. 5-11.8, Municipal assessment, which previously followed this section, was repealed 8-16-1999 by Ord. No. 26-99.

§ 169-8 Commercial flea markets; license fee. [1]

Applicants or the person or persons having control over or ownership of any commercial flea market shall pay $1 per table per day license fee to the Township Clerk for a license to operate said market. Said fee shall be payable monthly by said person and shall be due and payable on the last day of each month for all said tables for all said months. Said license shall be valid for a period not to exceed 12 months and shall be renewable, provided that all of said fees have been paid.
[1]
Editor's Note: See also Ch. 193, Flea Markets