[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.]
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 for each day and each location, 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 90 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.
[Amended 10-19-2020 by Ord. No. 2020-18; 9-27-2022 by Ord. No. 2022-27]
B.
ASSEMBLY
PERSON
Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
A company of persons gathered together at any location at
any single time for any purpose.
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 and paid to the Township of Old Bridge. The Township has the authority to waive any fees that may be required under Chapter 169.
[Amended 1-9-2006 by Ord.
No. 38-2005; 10-19-2020 by Ord. No. 2020-18; 4-26-2022 by Ord. No. 2022-09; 9-27-2022 by Ord. No. 2022-27]
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 apply to government-sponsored affairs
held on regularly established fairgrounds and to assemblies required
to be licensed by other ordinances and regulations of the Township
of Old Bridge. The Township has the authority to waive any fees that
may be imposed under this chapter.
[Amended 10-19-2020 by Ord. No. 2020-18; 4-26-2022 by Ord. No. 2022-09]
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]
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:
[Amended 10-19-2020 by Ord. No. 2020-18]
(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 125 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 125 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)
Basic life support, “BLS,” (ambulance
and two EMTs) and advanced life support, “ALS,” as follows:
[Amended 4-26-2022 by Ord. No. 2022-09]
(a)
Gatherings that require the applicant at their
own expense to provide medical facilities, including plans that detail
the construction of the facilities and location(s). The applicant
will provide the names and contact information for the contracted
event medic services with confirmation of contract and availability
of the private medic services.
|
Attendance
|
BLS Units Required
|
ALS Units Required
|
|---|---|---|
|
500 — 999
|
1
|
0
|
|
1,000 — 4,999
|
2
|
0
|
|
5,000 — 9,999
|
3
|
1
|
|
10,000+
|
5
|
2
|
(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.
(9)
Security guards, either regularly employed duly sworn
off-duty New Jersey police 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 500 people.
[Amended 10-19-2020 by Ord. No. 2020-18]
(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 violate any local, state or federal
law, statute, regulation and/or ordinance.
[Amended 10-19-2020 by Ord. No. 2020-18]
(12)
Proof of appropriate and sufficient commercial general
liability insurance satisfactory to the Township, filed with the Clerk
of Old Bridge Township, evidenced by a certificate of insurance and
policy endorsement for the particular assembly event, naming the Township
of Old Bridge, the Township's elected officials, employees and agents,
as additional insureds, issued by a responsible insurance company
licensed to business in New Jersey, with the following minimum requirements:
$1,000,000 per occurrence; liquor liability of liquor is to be served
during assembly; general aggregate limit of $10,000,000; automobile
liability, combined single limit of $1,000,000; excess liability of
$9,000,000 per occurrence basis, 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; 9-27-2022 by Ord. No. 2022-27]
(13)
Execute
and deliver to Township Clerk the form of hold harmless, defense and
indemnification agreement provided by the Township.
[Added 9-27-2022 by Ord. No. 2022-27]
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
Municipal Clerk of this municipality at least 90 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.
[Amended 10-19-2020 by Ord. No. 2020-18; 9-27-2022 by Ord. No. 2022-27]
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 500
or more persons.
[Amended 10-19-2020 by Ord. No. 2020-18]
(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 on
the land. The plan shall include an emergency backup plan in case
of a blackout.
[Amended 10-19-2020 by Ord. No. 2020-18]
(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 if required.
[Amended 10-19-2020 by Ord. No. 2020-18]
(18)
In addition to the requirements under § 169-2, the plans for security, including the number of guards, the deployment, their names, addresses and credentials and hours of availability.
[Amended 10-19-2020 by Ord. No. 2020-18]
(19)
The plans for fire protection, including the number,
type and location of all protective devices, including the alarms
and extinguishers, and number of emergency fire personnel to operate
the equipment. These will be included in an incident action plan by
fire and EMS personnel.
[Amended 10-19-2020 by Ord. No. 2020-18]
(20)
In addition to the requirements under § 169-2, the plans for sound control and sound amplification, if any, including the number, location and power of the amplifiers and speakers.
[Amended 10-19-2020 by Ord. No. 2020-18]
(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,
which will be in compliance with all Health Department regulations.
[Amended 10-19-2020 by Ord. No. 2020-18]
C.
The application shall include the proof of insurance required in § 169-2B(12), hold harmless, defense and indemnification agreement required in § 169-2B(13) and the license fee.
[Amended 9-27-2022 by Ord. No. 2022-27]
[Amended 9-27-2022 by Ord. No. 2022-27]
A.
If no legal
reasons appear why a license should not be issued, and the applicant
has met all of the conditions for the issuance of a license as set
forth in this chapter, including payment of the requisite application
fee, the Municipal Clerk shall issue the license, which shall bear
the date of issue.
B.
Any applicant
aggrieved by a denial of their application by the Municipal Clerk
may appeal to the Township Council. Such appeal shall be taken and
filed with the Municipal Clerk within 14 calendar days after the date
of the notice of the denial of the application. The Township Council
shall set a time and place for hearing on such application and notice
of such hearing shall be given to the applicant via US regular mail
at address provided by applicant and by email, if provided by applicant,
at least five calendar days prior to the date set for the hearing.
The Township Council may affirm, reverse, or modify the decision of
the Municipal Clerk.
The application for a license shall be processed
within 21 days of receipt and shall be issued if all conditions are
complied with.
[Amended 9-27-2022 by Ord. No. 2022-27]
The license may be revoked by the Municipal
Clerk or Township Council 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.
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.
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.
