[Adopted 12-5-2006 by Ord. No. 2376-06]
As used in this article, the following terms shall have the meanings indicated:
- DESIGNATED LOCATION
- Ricalton Square, located on Maplewood Avenue in the Township of Maplewood, State of New Jersey, shall be the designated location for placement of unattended outdoor displays on public property.
- A statue, figure, model, symbol or pictural representation relating to the winter holiday season, which shall be accompanied by a sign no larger than one foot by two feet identifying the sponsor/contributor of the display. For purposes of this article, the term "display" shall not mean any sign, structure or device other than a sign, structure or device which accompanies a statue, figure, model, symbol or pictural representation.
- WINTER DISPLAY PERIOD
- The period of time which commences the Wednesday before Thanksgiving and concludes on January 10 of the following calendar year.
No display by any person or organization shall be permitted on property owned by the Township of Maplewood except in the designated location during the winter display period as hereinafter provided.
No person or organization shall place a display on Township property without first having obtained a permit from the office of the Township Clerk, which permit shall set forth the approved location of such display and the approved duration of such display by specific reference to a date or dates, including set-up and break-down.
All permits shall be applied for and obtained from the office of the Township Clerk during normal business hours. Applications for such permits shall be on an approved form, a copy of which is attached, and be accompanied by a nonrefundable application fee in the amount established by this article.
Editor's Note: The application form is on file in the Township Clerk's office.
A permit shall be valid to maintain a display for the period of time specified in the permit.
There can be no change in the approved dates and times once a permit has been issued.
No permit shall be issued by the Township Clerk unless applied for at least 30 days prior to the scheduled date of the proposed set-up of the display, provided, however, that the Township Clerk may waive the thirty-day period if, in his/her judgment, the applicant has obtained all relevant approvals.
As a condition for granting the permit, the applicant must sign an agreement that:
The applicant shall indemnify and hold the Township harmless against all claims arising from or relating to the display;
The Township shall have no responsibility for the display and the applicant waives any claim against the Township for damages to the display;
The applicant shall assume responsibility for all damages and loss to Township property which may be caused by the display;
The applicant shall include signage stating the applicant's name as the sponsor of the display, at the applicant's sole cost; and
The applicant shall promptly remove or make arrangements for removal of the display upon the expiration of the permit.
No permit shall be issued unless the applicant has provided the Township Clerk with satisfactory proof of insurance coverage for bodily injury and property damage in an amount of not less than $1,000,000 per occurrence, together with a certificate of insurance naming the Township as an additional insured and containing a provision giving the Township 30 days' notice prior to cancellation.
The Township Clerk may refuse to issue a permit whenever he/she determines, on the basis of objective facts and after review of the application and reports from the Police Department, Fire Department, Building Department, Public Works Department, Health Department, Recreation Department and other Township agencies involved, that the display, the location and/or time set forth in the application would violate any law or ordinance, unreasonably interfere with use and enjoyment of neighboring properties, unreasonably impede the free flow of vehicular or pedestrian traffic or otherwise adversely affect the public's health, safety or welfare.
In addition to any other fees or costs mentioned in this article and other Township ordinances, the applicant shall reimburse the Township for any out-of-pocket expenses, including overtime pay, incurred in connection with the display or its removal.
Copies of the approved permit shall be sent to the Township Committee, Police Department, Fire Department, Building Department, Public Works Department, Health Department and Recreation Department.
The permittee shall take all steps to minimize interference with the free passage of pedestrians and traffic over Township property and to comply with all lawful directions issued by the Maplewood Police Department and Maplewood Fire Department.
The permittee shall set up and remove the display in such a manner as to minimize the inconvenience to neighboring property owners.
Any party aggrieved by the decision of the Township Clerk in denying or revoking a permit may appeal said decision to the Township Administrator.
Each application for a display permit shall be accompanied by a nonrefundable fee of $25. Each application for a display permit shall be accompanied by a deposit of $500, which shall be returned to the applicant upon the removal of the display within the time required by the permit.
Any person or organization violating this article or the rules and regulations promulgated thereby, or the terms of the permit, upon conviction, shall be punished by a fine not exceeding $1,250 per day. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
Additionally, any person or organization violating this article may be prohibited from securing a display permit in the future.