[HISTORY: Adopted by the Mayor and Council of the Borough
of Roselle 6-19-2013 by Ord. No.
2458-13. Amendments noted where applicable.]
The following definitions shall apply to the interpretation
and enforcement of this chapter:
An outdoor activity restricted to the use of children's rides
and children's games, which may operate with or without charge.
A request for a person to conduct an activity under this
chapter.
An outdoor activity restricted to the sale of homemade food
and beverage, used clothing, homemade or handmade merchandise and
bric-a-brac, both new and used.
An outdoor activity including, but not limited to the use
of children's rides, games, food and drink, concessions and strolling
vendors.
The Borough of Roselle.
The Borough Administrator of the Borough of Roselle.
The Borough Council of the Borough of Roselle.
An outdoor activity restricted to adult and children's rides,
adult and children's games, food, drink, souvenir concessions and
entertainment for which there is no admission charge.
An outdoor activity restricted to the exhibition of animals
and the performance of animal acts, high wire and similar acts of
any kind, including clowns, and the sale of food and beverage, balloons,
pennants, souvenirs and similar small items.
Gatherings to create community support groups, advocate for
community issues, political campaigning, gift and other donation drives.
[Added 12-21-2022 by Ord. No. 2696-22]
An outdoor event for which there is an admission charge,
restricted to the use of singers, singing groups and musicians, using
electrically amplified equipment, and the sale of food, beverage and
items, such as tapes, records, T-shirts and souvenirs.
A single game of chance or skill, a single food or beverage
booth, stand or mobile vehicle from which merchandise is dispensed
or a single amusement ride.
A person who operates or participates in the running or operation
of one or more concessions, a vendor or an operator.
An outdoor activity restricted to the use of children's rides,
children's games, food and drink, concessions and strolling vendors.
An outdoor activity restricted to the sale of food and beverage.
An open market usually held outdoors, where used household
goods, antiques and inexpensive items are sold.
A charity event dedicated to collecting food items for distribution
to persons who cannot afford food.
[Added 12-21-2022 by Ord. No. 2696-22]
An outdoor activity restricted to the sale of used merchandise
and bric-a-brac of a household nature.
The permission, in writing, from the appropriate department(s)
of the Borough of Roselle, issued in accordance with the provisions
of this chapter.
The individual person named as agent for the sponsor of the
outdoor activity license application who executes the same, accepting
ultimate responsibility for the operation of the outdoor activity.
An organized procession of demonstrators who are supporting
or protesting something.
A procession of motor vehicles, as in a parade.
A person who engages in the sale or dispensation of food
or merchandise or participates in the running of games of skill or
chance or the running of amusement rides.
Any activity conducted outdoors or within or about tents
or other such contrivances within the Borough in the nature of and
including but not limited to fairs; carnivals; festivals; the operation
of rides; revivals; block parties; amusement promotions; flea markets;
garage, porch or yard sales; bazaars; cake and food sales; and circuses,
which are open to the public at large; temporary outdoor displays
of merchandise, vehicles or manufactured products; promotions, gatherings
of people and similar activities.
An organized public procession on a festive or ceremonial
occasion; to march or walk in a procession.
Every natural person, entity, association or corporation,
whether profit or nonprofit.
Any person or group of persons present outside a building
to protest.
Any person, who organizes, owns, operates or manages an outdoor
activity, carnival, fair, and festival, group of amusement rides or
booths.
To call together for a common purpose; assemble; a gathering,
especially one intended to inspire enthusiasm for a cause (includes
prayer vigils).
An outdoor religious gathering which imposes no charges other
than voluntary contributions, with limited food and beverage privileges.
Any mechanical amusement device designed for and capable
of carrying or transporting one or more fully grown people.
Any mechanical amusement device designed for carrying or
transporting one or more small children.
A detailed diagram, as required by the applicable provision
of this chapter.
A sketch or diagram which outlines the perimeter of an area
or site for which an outdoor activity license is being requested.
It shall further diagram streets both inside and bordering the area
or site.
The person or entity named in the application for the outdoor
activity license on behalf of which or whom the outdoor activity is
to be held and which or who retains responsibility, including ultimate
financial responsibility, for the operation of the outdoor activity.
A person who, during the life of the license for an outdoor
activity, operates a booth or a stand or otherwise occupies space
in which he conducts games of skill or chance or dispenses food, beverage
or the like and merchandise of any kind.
A person who, during the life of the license for an outdoor
activity, dispenses food, beverage or merchandise of any kind from
a portable container, tray or pushcart and who is not confined to
a fixed location.
A walk or run covering a considerable distance, organized
especially to support or raise money for a cause.
The purpose of this chapter is the regulation, through licensing
and inspections, of outdoor activities to be conducted in the Borough
on public and private property for the protection of the health, welfare
and safety of the public in general.
A.
General provisions.
(1)
No application for a license for outdoor activities shall be considered
unless and until the sponsor desiring to conduct the outdoor activity
shall have made and signed a written application to the Borough Clerk
for a license, in the form provided by the Borough and paid the proper
fee thereof. Each application must be completed with a preliminary
site plan and delivered to the Borough Clerk not less than 45 days
prior to the first day of operation of the proposed outdoor activity.
The aforementioned restrictions may be waived by the Borough Administrator.
(2)
No outdoor activity license shall issue for more than one carnival,
circus or concert or any combination thereof to be held within the
same calendar week.
(3)
No more than an aggregation of eight carnivals or circuses may be
held within one calendar year, per sponsor.
(4)
Drive-through
food drives are prohibited.
[Added 12-21-2022 by Ord. No. 2696-22]
B.
The outdoor activity license application shall be denied upon failure
to meet the following requirements within the prescribed time limits:
(1)
The sponsor must, at least 60 days prior to the proposed opening
date of the outdoor activity, obtain from the Borough Council permission
to use property owned by the Borough, if applicable. Marches, motorcades,
block parties, parades, picketing, rallies and walk-a-thons shall
not be subject to the requirements of this subsection unless otherwise
determined pursuant to the applicable provision of this chapter.
(2)
When applicable, the sponsor must request and obtain permission to
close the street or streets upon which the sponsor intends to conduct
the outdoor activity pursuant to N.J.S.A. 40:67-16.9.
(a)
Borough Council may approve a resolution each year authorizing
the Borough Administrator or designee to direct the closing of certain
streets preapproved for outdoor activities during the months of June
through December. All applications for such activities shall be reviewed
and approved at the discretion of the Borough Administrator or designee.
(3)
Where required, the sponsor must obtain the approval by the Fire
Department upon a satisfactory examination of the premises with respect
to compliance with Fire Department regulations as hereinafter set
forth in the fire prevention section[1] of this chapter.
(4)
Deposits.
(a)
The sponsor shall place a deposit with the Borough Clerk or
designee at the time of filing of the application, in cash or certified
check made payable to the Borough, the following amounts:
[Amended 12-21-2022 by Ord. No. 2696-22]
|
Activity
|
Amount of Deposit
|
|---|---|
|
Amusement promotions
|
$500(*)
|
|
Bazaars
|
$100(*)
|
|
Block parties
|
$0
|
|
Carnivals
|
$500
|
|
Circuses
|
$1,000
|
|
Concerts
|
$1,000
|
|
Community Outreach/Engagement
|
$0
|
|
Fairs
|
$500(*)
|
|
Festivals
|
$500(*)
|
|
Flea markets
|
$100(*)
|
|
Food drive
|
$0
|
|
Garage, yard and porch sales
|
$5
|
|
Revivals
|
$0
|
|
NOTES:
| |
|
(*)
|
Except when held on tax-exempt property owned by the sponsor.
|
(b)
Deposits are to ensure that, upon termination of the outdoor
activity, the general area where the outdoor activity has been conducted
will be left in good condition, cleaned up and cleared of all paper,
litter, refuse, waste materials and debris, within one day from the
termination of the outdoor activity, and to cover any extraordinary
expenses incurred by any department of the Borough as a result of
the operation of the outdoor activity. All deposits are refundable,
unless any person fails to meet this requirement, the Borough, in
its discretion, may clean and restore the area to its condition prior
to the outdoor activity, deducting the cost of the cleanup from the
deposit as liquidated damages and not as a penalty. Restoration shall
include, but not be limited to, damage to curbs, sidewalks, pavement
and shrubbery in the public rights-of-way. The deposit requirement
does not include Borough-sponsored activities or activities held on
Board of Education property.
(5)
The sponsor shall provide copies of all agreements relating to the
operation of the outdoor activity to the Borough Clerk no later than
two weeks prior to the first day of operation, or, if none exist,
so state.
(6)
The approval of the Police Chief must be obtained upon a satisfactory examination of the site plan and premises with respect to security, law enforcement and lighting, as it pertains to safety and security. The evidence of the approval of the Police Chief or his designee shall be submitted to the Borough Clerk no later than one week prior to the first day of operation of the outdoor activity. Garage, yard and porch sales shall be exempt from the preceding requirement when the activity is confined to property owned by the sponsor. When applicable, the sponsor or licensee shall comply in all respects with § 110-5, Security, of this chapter.
(7)
Excluding garage, porch and yard sales conducted on property owned by the sponsor, the sponsor must obtain the approval by the Health Officer of the Borough or designee, upon a satisfactory demonstration that all health and sanitary requirements, regulations and licensing are being adhered to by the sponsor, licensee, promoter and vendor/operator of the outdoor activity, as provided for in Chapter 12 of the New Jersey State Sanitary Code and applicable chapters of the Code of the Borough of Roselle, all of which are incorporated by reference herein as if fully set forth. The sponsor and the promoter of an outdoor activity shall provide a sufficient number of temporary or permanent toilet facilities for use at the site of the outdoor activity. The number of toilet facilities required shall be determined by the Health Officer of the Borough or his designee and the Borough Clerk. The sponsor shall provide a first-aid station approved by the Health Officer. The first-aid station shall be equipped to treat minor injury and illness until emergency services arrive on the scene. Where they exist, all food and drink concessions must display in a prominent place an approval certificate from the Health Department of the Borough prior to being allowed to operate.
(8)
The approval by the Director of Public Works or his designee must
be obtained, upon a satisfactory examination of the site plan and
premises with respect to compliance with the applicable chapters of
the Code of the Borough of Roselle and other applicable ordinances
and regulations of the Borough and state statutes over which the Director
of Public Works has jurisdiction.
(9)
The sponsor or licensee of an outdoor activity shall provide a minimum
of five temporary litter and refuse receptacles at the site of the
outdoor activity and shall provide for the regular collection of the
contents of the receptacles. The number, type, and placement of the
receptacles shall be approved by the Director of Public Works or designee.
(10)
Final site plan.
(a)
The submission and approval of a final site plan which reflects
any changes from the preliminary site plan and further details, when
applicable, shall include the following:
[1]
Sanitary facilities and sewage disposal sites.
[2]
Refuse disposal sites.
[3]
Location of mobile and fixed food vending operations and cooking
or other heat- or flame-producing devices.
[4]
Fire hydrants and waterlines.
[5]
Traffic flow.
[6]
Parking.
[7]
Security.
[8]
Location of rides by type, including booths and generators.
[9]
Location of games.
[10]
Living quarters.
[11]
Access for emergency services, including but not
limited to ambulances, firefighting and fire prevention equipment
and police vehicles.
[12]
Location of stands, booths, vehicles and tables
from which merchandise is to be sold or dispensed, identified by type.
[13]
All streets and rights-of-way within and bordering
upon site areas.
(b)
A final site plan shall not be required for garage, yard and
porch sales when activity is confined to property owned by the sponsor.
A final site plan must be submitted to the Borough Clerk no later
than 17 days prior to the first day of operation of the outdoor activity.
The final site plan, where required, shall be approved by the Police
Department, Fire Department, Health Officer, Borough Engineering,
and Borough Administrator no later than one week prior to the first
day of operation of the outdoor activity.
(11)
All electrical requirements, regulations and licensing shall
be adhered to by the sponsors, promoters and vendors/operators of
the outdoor activity as provided for in the Code of the Borough, of
which the applicable sections are hereby incorporated by reference
herein as if fully set forth. Electrical connections and other utility
connections, if any, shall be approved by the appropriate Borough
official(s).
(12)
Where the license being applied for involves the use of adult
and children's rides, evidence of a current approved inspection by
the State of New Jersey must be prominently displayed prior to their
becoming operational.
(13)
Prior to conducting business, all vendors, strolling vendors,
operators and concessionaires, where they are utilized, must be registered
with the Borough Clerk by name, home and business addresses and activity
in which each will engage during the life of the license of the outdoor
activity and must be prepared to properly identify themselves upon
request.
(14)
No outdoor activity license shall issue for circuses, carnivals,
fairs and concerts unless, one week prior to the first day of operation
of the outdoor activity the sponsor shall furnish to the Borough Clerk
satisfactory proof of the sponsor's, vendor's, operator's, concessionaire's
and promoter's compliance with the provisions of N.J.S.A. 34:15-71,
Employer's obligation to injured employee.
C.
Motorcade, march, parade, rally or walk-a-thon. Before any sponsor
or licensee shall conduct a motorcade, march, parade, rally picket
or walk-a-thon within the Borough, a license must first be obtained
from the Borough Clerk which, prior to the issuance thereof, shall
be approved by the Police Chief or designee. Application for such
license shall be made 30 days prior to the proposed activity and state,
where applicable, the route to be followed, location, number of persons,
vehicles and floats that will participate, length of time, anticipated
security concerns and such other factors deemed relevant by the Borough
Administrator and the Roselle Police Department. The application deadline
may be waived by the Borough Administrator. The appropriate provisions
of this chapter shall apply to the aforementioned activities as determined
by the Borough Administrator and Roselle Police Department but shall
not apply to funeral processions.
All license fees indicated on the accompanying chart[1] are nonrefundable and payable in advance to the Borough
Clerk. Unless otherwise indicated on the accompanying chart, all outdoor
activity licenses are limited to one per year, per sponsor.
[1]
Editor's Note: An Outdoor Activity License Fee Chart is included as an attachment to this chapter. Said chart includes other information and requirements, such as hours of operation, number of days, etc.
A.
All sponsors or licensees must utilize the services of the police
officers during the operation of certain designated activities that
the Borough Administrator and/or Police Chief deem necessary. Such
services must be paid for by the sponsor at the prevailing rates for
the provision of such services established by the Borough and shall
be subject to all other provisions of the applicable chapters of the
Code of the Borough of Roselle.
B.
Upon the written approval of the Police Chief, sponsors or licensees
may provide for their own security.
A.
The sponsor and vendors, with the consent of the Fire Department,
shall be authorized to install, hook and connect to fire hydrants
specially marked by the Fire Department a master hose or other water-carrying
device to supply water to the booths and stands operating at the outdoor
activity, subject to the following provisions:
(1)
The Fire Department, in its sole discretion, shall determine which
fire hydrants will be used as hereinabove stated.
(2)
The sponsor and vendors shall maintain all fire hydrants within the
perimeter of the outdoor activity free and clear of any obstruction,
with the closest object located next to a fire hydrant at no less
than 10 feet in any direction from its geometrical center.
(3)
The sponsor and vendors shall meet and observe at all times the requirements
of the Fire Department.
B.
Anyone operating a booth or stand in which there is heating or cooking
apparatus for the preparation of food shall keep at all times, in
a visible easily accessible location within the booth or stand, a
fully charged fire extinguisher of the kind classified as 2A-10BC
multipurpose dry chemical.
C.
All doors or gates on entrances to and exits from the premises where
the outdoor activity shall be conducted shall be kept open and unobstructed
during the hours of operation of the activity, in order to facilitate
the rapid ingress or egress of all persons attending. In case of an
emergency, the enclosed outdoor area must have at least two means
of egress.
D.
It shall be the obligation and duty of the licensee to maintain,
for the duration of the outdoor activity, an unimpeded and unobstructed
lane for emergency traffic, at least 15 feet in width, for the rapid
ingress and egress of vehicles required for emergencies or other governmental
purposes.
E.
Any tents used in connection with the outdoor activity larger than
120 square feet are required to be in compliance with BOCA Fire Prevention
Code, Section F1800.0 with regard to flame resistance, and Section
F-1803.0, Fire Safety Requirements, with respect to combustible materials
in tents, and have at least two unobstructed exits. No exposed flame
from any source shall be maintained or used inside a tent or within
20 feet of a tent.
F.
The sponsor and vendors shall pay all fee for water usage as applicable,
and shall deposit with the Borough such amount as estimated by the
Fire Department to be the reasonable cost of same. After the sponsor
and vendors have present proof of payment to the Water Company of
all related charges, said deposit shall be refunded to the sponsor
and vendors.
The licensee shall not suffer, permit or allow any games of
skill, games of chance and gambling in any form to be engaged in on
the site of the outdoor activity except as permitted and regulated
by federal law, Title 5 of the New Jersey Statutes, Title 13, Chapter
47, of the New Jersey Administrative Code, and the Code of the Borough
of Roselle. Evidence of approval by the State of New Jersey or the
Borough Clerk, when applicable, for all games of chance or skill must
be presented to the Borough Clerk and the Police Chief or his designee
no later than one week prior to the first day of operation of the
outdoor activity.
A.
Insurance for any outdoor activity held on Borough-owned property
(including but not limited to streets and sidewalks) shall be required
in accordance with all applicable Borough policies, resolutions and
ordinances, in amounts as deemed necessary by the Borough Administrator.
Each application shall be reviewed by the Borough Administrator to
determine compliance with this provision.
(1)
The sponsor shall furnish to the Borough Administrator evidence of
a general liability insurance policy, naming the Borough as an additional
insured party to be in the amount of $1,000,000/$3,000,000 to be in
effect during the life of the outdoor activity license, with the Mayor,
Borough Council and the Borough of Roselle as named insured, indemnifying
the Borough of Roselle and holding the Borough harmless. In addition,
for outdoor activities conducted on Borough Property, the Borough
Administrator may require the sponsor to furnish evidence of property
damage insurance in the amount as deemed necessary and in compliance
with the Borough's Ordinances insuring against damage to Borough Property,
which insurance shall also be in effect during the life of the outdoor
activity license.
(2)
The sponsor shall file with the application a statement that the
Borough, its officers, agents, servants and employees shall be saved
harmless by the sponsor from and against any loss, injury or damage
that may result from any outdoor activity, and that in the event the
Borough or any of its officers, agents, servants and employees are
joined as parties defendant in any civil action because of any loss,
injury or damage resulting from such outdoor activity, the sponsor
shall defend said action on behalf of the Borough, its officers, agents,
servants and employees at its own cost and expense, and that if any
of the officers, agents, servants and employees of the Borough do
any work or perform any act at outdoor activity in the interest of
safety, they shall be deemed to have continuing authorization from
the sponsor to do so and shall be acting as the agents of the sponsor
in the premises.
(3)
The insurance requirement does not include Borough-sponsored activities.
B.
For any outdoor activity at which animal rides, children's rides
and adult rides will be operated, the sponsor, operator or promoter
shall furnish to the Borough Administrator evidence of a public liability
insurance policy naming the Borough as an additional insured party
to be in the amount of $1,000,000/$3,000,000 to be in effect during
the life of the outdoor activity license.
A.
Card games, video games, pinball machines and the dispensing of alcoholic
beverages shall be prohibited at all outdoor activities, except the
dispensing of alcoholic beverages pursuant to a permit or license
issued for such purpose by the Borough of Roselle or the State of
New Jersey shall be permitted in accordance with the terms of said
license or permit. Failure to comply with this subsection will result
in suspension or revocation of the outdoor activity license in addition
to other penalties enumerated herein or elsewhere in the Code of the
Borough of Roselle or in Title 2C of the New Jersey Statutes.
B.
The outdoor activity license or that of any vendor/operator/concessionaire
may be revoked or suspended by the Borough Administrator, after notice
and hearing, at any time during the life of such license for any violation
by the sponsor, licensee, promoter or individual vendor/operator/concessionaire
of any provision of this chapter, any violation of the Code of the
Borough of Roselle or violation of any applicable state or federal
law. The revocation or suspension may be in addition to the penalties
set forth in the general penalties section of this chapter.
C.
When any public official of the Borough of Roselle determines that
an imminent hazard to life, health or safety has been created by any
facet of the operation of the outdoor activity, he shall advise the
Borough Administrator Police Department, Fire Department and/or Health
Officer of same, and each shall have full power and authority to require
the immediate cessation of the operation of the entire outdoor activity,
or any part thereof, until such time as the hazardous condition is
abated.
No person participating in or attending an outdoor activity
shall negligently or willfully break, injure or destroy any public
or Borough-owned property. No person shall injure, break or destroy
any street or guide sign or lamppost or light bulb or appurtenances
thereof or other public property or Borough-owned property on any
public street, park or place.
[Amended 12-21-2022 by Ord. No. 2696-22]
Failure to obtain a license for an outdoor activity shall be
deemed a violation of this chapter. The sponsor, licensee, the promoter
and vendors/operators/concessionaires or their agents shall, upon
conviction of a violation of provisions of this chapter, be punished
by a fine not exceeding $2,000, incarceration not exceeding 90 days,
or both, per violation to be set by the Municipal Judge. Each day
a violation persists shall be a separate violation. Any person participating
in or attending an outdoor activity who shall negligently or willfully
break, injure or destroy any public or Borough-owned property, or
injure, break or destroy any street or guide sign or post, lamp or
light bulb or appurtenances thereof or other public property or Borough-owned property on any public street,
park or place shall, upon conviction of thereof, be punished by a
fine not exceeding $2,000, incarceration not exceeding 90 days, or
both, per violation to be set by the Municipal Judge.
A.
The Borough Clerk shall upon receipt of the application, refer a
copy of the application promptly to the Borough Administrator, Chief
of Police and the Fire Chief. The Chief of Police and the Fire Chief
shall conduct an investigation concerning the background of the applicant,
the extent to which the proposed event may adversely affect the health,
safety or welfare of the persons attending the vent or the general
public, the extent to which any additional police activity will be
required, the adequacy of the proposed parking and traffic control
plan, the adequacy of any structures which are to be used in connection
with the event, the adequacy of provisions for sanitary facilities,
water and dispensing of food and beverages and such other matters
as may be reasonably be required by the nature and size of the proposed
event, or as may be directed by the Borough Council.
B.
The Chief of Police and Fire Chief and Borough Administrator shall
file reports with the Borough Council.
Nothing in this chapter shall be construed to permit any outdoor
gatherings which may be in violation of any zoning or noise ordinance.
