[Adopted 12-5-2006 by Ord. No. 2376-06]
As used in this article, the following terms
shall have the meanings indicated:
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.
The period of time which commences the Wednesday before Thanksgiving
and concludes on January 10 of the following calendar year.
A.
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.
B.
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.
C.
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,[1] and be accompanied by a nonrefundable application fee
in the amount established by this article.
[1]
Editor's Note: The application form is on
file in the Township Clerk's office.
D.
A permit shall be valid to maintain a display for
the period of time specified in the permit.
E.
There can be no change in the approved dates and times
once a permit has been issued.
A.
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.
B.
As a condition for granting the permit, the applicant
must sign an agreement that:
(1)
The applicant shall indemnify and hold the Township
harmless against all claims arising from or relating to the display;
(2)
The Township shall have no responsibility for the
display and the applicant waives any claim against the Township for
damages to the display;
(3)
The applicant shall assume responsibility for all
damages and loss to Township property which may be caused by the display;
(4)
The applicant shall include signage stating the applicant's
name as the sponsor of the display, at the applicant's sole cost;
and
(5)
The applicant shall promptly remove or make arrangements
for removal of the display upon the expiration of the permit.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
A.
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.
B.
Additionally, any person or organization violating
this article may be prohibited from securing a display permit in the
future.
