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ORDINANCE AMENDING CHAPTER 342 OF THE JEFFERSON TOWNSHIP MUNICIPAL CODE
ENTITLED "OUTDOOR GATHERINGS"
TAKE NOTICE that Ordinance #20-05 was introduced at a Regular meeting of the Township Council of the Township of Jefferson, in the County of Morris and State of New Jersey, held on March 4, 2020, and passed its first reading; and that said Ordinance will be considered for final passage at a meeting of the Township Council of said Township, to be held on March 18, 2020 at 7:00 pm or soon thereafter, in the Municipal Building, 1033 Weldon Road, Lake Hopatcong, New Jersey, 07849, at which time and place all persons who may be interested will be given an opportunity to be heard. Copies of said Ordinance are available at the office of the Township Clerk during regular office hours.
NOW, THEREFORE, BE IT ORDAINED by the Township Council of the Township of Jefferson, County of Morris, State of New Jersey, that Chapter 342 of the Jefferson Township Municipal Code entitled "Outdoor Gatherings" is hereby amended as follows:
Jefferson Township Code, Chapter 342, shall be replaced as follows:
Chapter 342 OUTDOOR GATHERINGS
Disorderly conduct — See Ch. 198.
342-1. License required.
No person on or after the effective date of this chapter shall conduct or allow to be conducted any outdoor gathering as defined in this chapter without first obtaining a license therefor in compliance with the terms of this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
A theatrical performance, public show, display, entertainment, amusement, farmer market, or other exhibition, including, but not limited to musical festivals, rock festivals, peace festivals, 5K races or similar activity conducted outdoors or within or about tents or other such contrivances within the Township of Jefferson. For the purposes of this chapter, the following activities shall not be considered "outdoor gatherings": Township sponsored or Jefferson Township Board of Education sporting events and activities, picnics, educational programs, camping. Sales, pursuant to Chapter 380, "Sales, Special", of the Township of Jefferson Municipal Code, are specifically excluded. This list is given by way of example, only as activities similar in nature shall also not be considered as "outdoor gatherings" subject to regulation.
Any person, syndicate, association, partnership, firm, corporation, institution, agency, authority, department or other entity which is recognized by law as the subject of rights and duties.
342-3. Application for license.
A. A written application for a license hereunder shall be signed in triplicate by the person, persons or parties conducting the event and filed at least ninety (90) days before the event, with the Township Business Administrator, accompanied by the fee payable hereunder.
B. The applicant shall set forth in the application for license the following information:
(1) The names and addresses of the person or persons or, in the case of a corporation, the names and addresses of the president, vice president, secretary, treasurer and directors or trustees responsible for conducting or participating in the event.
(2) The type of licensed event desired to be conducted and a statement of the purposes of such activity, whether for pecuniary profit or charitable purposes, and, if charitable, a statement of the charity or charities to be benefited.
(3) The proposed location and the premises or portion thereof available for such event.
(4) Whether the premises are owned by the applicant or, if not owned, the name and address of the lessor or licensor and the terms of the lease or license.
(5) A designation of the premises or portion thereof, or other areas, intended to be used for the parking of automobiles, including a statement in square feet of the area to be devoted for this purpose.
(6) A map or sketch showing the entire area sought to be licensed and delineating thereon the area to be used for the parking of automobiles, and further showing driveways or means of ingress to and egress from said premises and the names and addresses of all property owners adjoining the premises on which the event will be conducted and/or the area to be used for parking purposes.
(7) If applicable, a statement of the number of persons to be engaged as performers in the event sought to be licensed.
(8) A statement of the reasonable projected number of persons who are anticipated to watch, observe or attend the event sought to be licensed.
(9) A statement of the locations where the applicant has promoted, operated or conducted similar events within the last five years.
(10) A description of the existing or proposed additional sanitary and water facilities which shall be sufficient accommodate the number of persons reasonably projected to attend the event.
(11) A plan for medical and similar facilities which the applicant intends to provide in view of the projected number of persons expected to attend the event.
(12) Any approvals previously received by the Land Use Board for site plan or subdivision of the property and a list of all conditions of said approvals.
(13) If alcohol is to be served, the applicant shall attach a copy of the one-day liquor permit or a copy of the application seeking said permit, as well as indicating the area to be licensed and control measures for consumption and sale. If the site is already an existing licensed facility, the applicant is to attach a diagram of the sale and consumption area.
(14) The location of all containers for solid waste disposal which shall be adequate to meet the anticipated attendance of the event and the applicant shall further set forth the method of disposal for solid waste.
C. Annexed to such application shall be the written permission the record owner or owners of the premises intended to be used or, if the same are owned by the State of New Jersey, the County of Morris or another governmental unit, then the written permission of the officer or agent having authority to permit the use of such premises for the purposes stated above.
342-4. Application fee; liability insurance.
A. The applicant shall pay a nonrefundable application fee of $50 to the Township Business Administrator upon filing an application for a license as provided hereunder to compensate the Township for its expense in processing the application.
B. The applicant shall submit to the Township Business Administrator with the application a written commitment from a responsible insurance company licensed to do business in the State of New Jersey with an A.M. Best rating of A- or better, indicating that the applicant will be insured in the minimum amount for the following occurrences:
(1) Comprehensive Commercial General Liability Coverage:
Bodily Injury and Property Damage Liability: $1,000,000 each occurrence
Personal Injury and Advertising Injury: $1,000,000 each occurrence
Products/Completed Operations: $1,000,000 each occurrence
Medical Payments: $10,000
General Policy Aggregate: $2,000,000.
Sexual Abuse and Molestation exclusion removed. Can be provided by separate policy with same limits.
No Cross Liability or Cross Cost Exclusions or limitations
Insurance will cover all operations of the Applicant’s operations for which the permit is authorized.
A Waiver of subrogation endorsement.
(2) Automobile Insurance Liability Coverage if applicable:
Hired and Non-Owned Automobile Liability Coverage: $1,000,000 each occurrence.
(3) Liquor Law Liability Coverage if applicable:
Bodily Injury and Property Damage Liability: $1,000,000 each claim/$1,000,000 annual aggregate.
(4) Workers Compensation Coverage: Coverage A: Statutory Benefits. Coverage B - $1,000,000. Sole Proprietorships, members of LLC’s and partners who will be performing work may not “opt out” of coverage in states where allowed; coverage must be maintained.
With the exception of Workers Compensation Coverage all policies will specifically endorse and name the
Township of Jefferson, its officials, employees, volunteers, directors and agents as additional insureds on a primary
and non-contributory basis. Additional insured status cannot be subject to a written agreement or contract.
Wherein the Applicant hires outside vendors or contractors to perform all or some of the services for the operations
of this event, Applicant will have subcontractor and vendor provide similar or greater insurance coverage in favor
of the Township.
C. Where it shall appear that the nature or size of the event or the existence of other applicable insurance will not reasonably require the limits hereinabove related, the Township Business Administrator may set lesser limits or accept such evidence of other insurance or financial responsibility as will reasonably afford protection to the participants of the event and the general public.
342-5. Investigation; report
A. The Township Business Administrator of the Township shall, upon receipt of the application, refer a copy of the application promptly to Chief of Police, OEM and the Department of Health and Welfare. The Chief of Police, OEM and Department of Health and Welfare will 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 event 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 reasonably be required by the nature and size of the proposed event, or as may be directed by the Township Business Administrator.
B. The Chief of Police and Health Officer shall file reports with the Township Business Administrator.
342-6. Issuance or denial of license.
The Township Business Administrator shall have the right to deny the permit, upon notification to the applicant, and the right to appear before the Township Council, if it is the consensus of opinion of the Council that the granting of a license to the applicant would adversely affect the safety, health and welfare of the inhabitants of the Township.
342-7 Minimum requirements.
The applicant shall be required to comply with the following minimum requirements as conditions for the issuance or maintenance of any license issued hereunder:
A. Adequate sanitary facilities must be provided which are sufficient to accommodate the projected number of persons expected to attend the event.
B. Medical or first aid facilities shall be provided which are sufficient to accommodate the projected number of persons expected to attend the event.
C. A parking and traffic control plan for the number of persons projected to attend the event must be formulated, which plan must be sufficient to ensure a free flow of traffic and make available rapid access for emergency vehicles. Further, the applicant shall provide adequate off-street parking facilities on the site or within 1,500 feet thereof to accommodate the projected number of persons expected to attend the event.
D. If the event is to be conducted outdoors and involves the amplification of sound, the location of the performance shall be at least 1,500 feet from the nearest residential dwelling and applicant shall obtain a variance from the provisions of Chapter 321, Noise, of the Jefferson Township Municipal Ordinances, if necessary.
E. The applicant shall be required to comply with such other conditions as shall be imposed by the Township Business Administrator upon the issuance of a license after receiving those reports provided for herein, which such conditions shall be reasonably related to the protection of the public health, safety and welfare.
F. The Township Business Administrator, either prior to granting any license for an outdoor gathering or as a condition to the issuance of a license, in its discretion, may require any applicant to notify property owners within a designated distance from the property or properties upon which the outdoor gathering is being held to either provide said surrounding property owners with an opportunity to be heard considering whether or not to grant or deny the application and/or to notify surrounding property owners that an event or events will be conducted at certain given times.
342-8 Issuance of license.
A license shall be issued by the Township Business Administrator and executed by the Township Business Administrator. The license shall set forth and describe with particularity the place where the event is to be conducted and the period of time in which it may continue, which shall not exceed a period of 10 consecutive days. The license shall further contain any special conditions set by the Township Business Administrator and shall contain the hours of operation which shall be set by the Township Business Administrator.
342-9 Responsibilities of license.
No licensee shall permit the following on the licensed premises:
A. Shouting or crying out.
B. Musical instruments, drums, sound-making devices or amplifiers played or used in such a manner as to cause disturbance to persons occupying residential property.
C. Activity or conduct in violation of any municipal, state or federal law, duly enacted ordinances or regulations and conditions of the license.
342-10 Costs to be paid by licensee
The licensee shall be responsible for the cost of cleaning the area where the event was conducted on a daily basis and after said event is terminated, as well as the cost of providing law enforcement security for said event and sanitary facilities. The requirement to provide law enforcement security shall not create an affirmative obligation on the part of the Township to provide said law enforcement security.
342-11 Violation of other 0rdinances prohibited
Nothing in this chapter shall be construed to permit any outdoor gatherings which may be in violation of any Zoning Ordinance or other Ordinance regulations of the Township of Jefferson.
342-12 Violations and penalties
Any person who shall violate any provision of this chapter shall be guilty of a summary offense and shall be fined a sum not to exceed $500 for each violation to be set by the Municipal Judge. Each day such violation exists shall constitute a separate violation.
All Ordinances or parts of Ordinances inconsistent with this Ordinance are hereby repealed to the extent of such inconsistencies.
If any article, section, subsection, paragraphs, phrase or sentence is, for any reason, held to be unconstitutional or invalid, said article, section, subsection, paragraph, phrase or sentence shall be deemed severable.
This Ordinance shall take effect immediately upon final publication as provided by law.
MICHELE REILLY, RMC