Ordinance No. 18-30

Introduced: November 8, 2018
Public Hearing: November 26, 2018
Status: Pending

An Ordinance Amending Various Sections of the Code of the Township of Vernon

Note: Strikeouts are deletions; underscores are additions.

WHEREAS, as a result of the change in the form of government, New Jersey Statutes and Case Law the Township the Township would like to correct various errors in the Township Code.

BE IT ORDAINED by the Township Council of the Township of Vernon, County of Sussex and State of New Jersey as follows:

SECTION 1

The following sections of the Code of the Township of Vernon are modified as follows:

Schedule A Permitted, Conditional and Accessory Uses and Structures shall be amended as follows:

In accordance with Ordinance 16-27, “Schedule A Permitted, Conditional and Accessory Uses and Structures” be amended to reflect that Bars, Brewpubs, Craft Breweries or Distilleries are permitted (P) in the Town Center District and C-2 Commercial District.

§ 5-40. Appointment; qualifications; term.

  1. There shall be an office of the Township Clerk, the head of which shall be the Township Clerk.
  2. The Clerk shall be appointed pursuant to N.J.S.A. 40A:9-133 et seq. by the Council and shall, prior to appointment, be qualified by training and experience to perform the duties of the Clerk’s office.
  3. The Clerk shall serve for a term of three years, and shall receive such compensation as shall be provided by ordinance.

§ 37-8. Municipal Prosecutor.

  1. The Mayor, subject to the approval of the Council, shall appoint a New Jersey licensed attorney to serve as Municipal Prosecutor for a term ending on the 31st day of December of the year of appointment.
  2. The Municipal Prosecutor shall appear on behalf of the Township:
    1. Before the Municipal Court whenever such services shall be necessary or required;
    2. In prosecutions for violations of municipal ordinances and in other matters;
    3. In such other and different matters as may be required by the rules of the New Jersey Supreme Court governing the courts of this state.

§ 37-9. Municipal Public Defender; application fee.

  1. Appointment; term. The Mayor, subject to approval of the Council, shall appoint a Municipal Public Defender, who shall be a New Jersey licensed attorney, to provide representations to persons entitled by law to the appointment of counsel before the Municipal Court. The appointment shall be made annually and run for the remainder of the calendar year. Appointment shall be by resolution of the Council stating a fixed fee to be paid in installments as a professional service contract, without bidding in accordance with the Local Public Contracts Law.

Chapter 52 FIRE DEPARTMENT

§ 52-5. Application for membership; acceptance.
Every person seeking to join the Fire Department shall make application to the Department which he desires to join, and, upon his election to membership by vote of a majority of the unit present and voting, he shall become a member in good standing of the Fire Department after approval of his membership by the Chiefs and confirmation by the Mayor and Township Council; and his name shall be entered on a roll of fireman kept by the Township Clerk Administrator’s Office.

Chapter 153 ASSEMBLIES, PUBLIC

§ 153-1. License Permit required; exceptions; time requirements for filing.

  1. When license permit is required; exception.
    1. No person, partnership, association, corporation or any combination thereof shall permit, maintain, promote, conduct, act as entrepreneur, undertake, organize, manage, sell or give tickets to an outdoor assembly of 2,000 or more people, whether the assembly be on public or private property, unless a license permit to hold such assembly has first been issued by the Mayor and Township Council Zoning Officer of the Township of Vernon, application for which must be made at least 45 days in advance of the assembly. No license permit, however, shall be required for any regularly operated outdoor recreational facility for the conduct of its usual business, as long as such activity takes place during the hours of 8:00 a.m. to 11:00 p.m. All activities outside the hours of 8:00 a.m. to 11:00 p.m. fall within the license permit required provision. [Amended 2-1-1982 by Ord. No. 82-1]

For good cause shown, the time requirement for filing the application or applications under this chapter may be waived by the Mayor and Township Council, and the Mayor and Township Council may hear any such application on an expedited basis by special meeting if required. In such case the reports required herein may either be waived or presented orally to the Mayor and Township Council.

§ 153-3. Application for license permit.
The Mayor and Township Council The Zoning Officer may issue a license permit upon written application made by any person, partnership, association, corporation or any combination thereof, who propose to maintain, conduct, promote or operate an assembly as set forth herein. No assembly for which a license permit is issued shall begin prior to 8:00 a.m. or continued after 12:00 midnight.

  1. Application procedure; filing.
    1. The applicant shall file a verified application with the Township Clerk Zoning Officer of Vernon Township at least 45 days prior to the date or dates upon which the assembly is to take place. Corporate applications shall be duly signed, attested and verified by the appropriate corporate officers, and shall be accompanied by a current corporate status report, issued under seal by the Secretary of State, and a copy of the certificate of incorporation.

§ 153-4. Application procedure; additional requirements.

  1. Upon receipt of each application, the Township Clerk Zoning Officer shall immediately transmit copies of the same to each of the following individuals or boards, and each such individual shall respond to the Mayor and Township Council Zoning Officer within 15 days of the date of the filing of such application with a written report of their recommendations, if any, within their respective fields of expertise and considering pertinent requirements of this chapter:
    1. The Chief of Police of the Township of Vernon or his designee.
    2. The Fire Chief of the Fire Department, in which the designated assembly is to take place, as well as the Fire Inspector of Vernon Township.
    3. The Township Department of Health and Human Services or its designee.
    4. The Township Construction Official.

§ 153-5. Financial responsibility; insurance.
The application shall also contain the following proof of financial responsibility and adequate insurance coverage:

  1. The applicant shall submit to the Township Clerk Business Administrator, with his application, a written commitment from an insurance company licensed to do business in New Jersey, to insure the applicant, and the Township of Vernon as a named co-insured, during such event, on account of liability for accidental injury to one person in the amount of $300,000; for accidental injury to two or more persons in the amount of $1,000,000; for property damage in the amount of $1,000,000. Where it appears that the nature or size of the event, or existence of other applicable insurance, will not reasonably require the limits hereinabove provided, the Mayor and Township Council may fix such lesser amounts of limits or accept such evidence of other insurance of financial responsibility as will reasonably afford protection to the participants and to the public.
  2. In addition to the insurance obligation provided for hereinabove, the Mayor and Township Council may require of the applicant, prior to the issuance of a permit, a cash deposit in an amount sufficient to insure full payment of its permit fees, and/or to insure prompt repair of physical damage and collection of refuse, if same is not adequately provided for by the applicant. Such a cash deposit may include sums sufficient to pay for such special police officers and like personnel as may reasonably by required by the event and for which the Township shall bill the applicant.
  3. If required, the applicant shall file a bond with the Clerk of the Township of Vernon, either in cash or underwritten by a surety company licensed to do business in the State of New Jersey, in the amount of $50,000, which bond will indemnify and hold harmless the Township of Vernon, or any of its agents, officers, servants, and/or employees, from any liability, or any causes of action of whatever nature which may arise by reason of the granting of the license permit, and from any damage incurred by trespass, vandalism or materials produced or left by the assembly. At the discretion of the Mayor and Township Council the above bond may be waived and the Mayor and Township Council may accept a letter of indemnification from the applicant when the applicant demonstrates assets in excess of $5,000,000 by a certified financial statement.

§ 153-6. Hearing.
The Mayor and Township Council shall conduct a hearing on an application for a license hereunder at a regular meeting of the Mayor and Township Council within 45 days of the submission of a completed application. A notice of such hearing shall be published at least once in the official newspaper of the Township at least five days prior to the date of the hearing. The Mayor and Township Council may, after considering the application, causing due to investigation and after giving due regard to the recommendations of the Chief of Police, Fire Chief, Fire Inspector, Health Officer and Construction Official, issue the license requested upon such terms and conditions as it deems necessary and proper to insure the health, safety and welfare of the citizens of the Township of Vernon

§ 153-7. Revocation of permit.

  1. A permit may be revoked by the Mayor, Township Council, Chief of Police or their designee, Fire Marshal or their designee or Zoning Officer upon 12 hours’ notice to the applicant where it appears that:
    1. The application is materially false or purposely misleading.
    2. The number of persons attending the assembly is unexpectedly greater by 50% than the number initially projected and the applicant is unable to deposit sufficient monies to insure adequate police protection, or is unable, by reason of such increase, to provide proportionally greater sanitary, water, food, and other health facilities.
    3. New or substantially changed conditions have arisen so as to imperil or materially endanger the public health, morals, safety or welfare.
  2. Notwithstanding the above, a permit may be revoked at any time after 24 hours prior to the event, and at any time during such event, where it appears that the public health, morals, safety, or welfare are being endangered, where it appears that numerous acts of criminality, disorderly conduct, juvenile delinquency, violations of the controlled dangerous substance act of the State of New Jersey are occurring, or where nuisances substantially impairing the comfort or welfare of the Township of Vernon are occurring.
  3. Where such circumstances appear, a permit shall be revoked in the following manner:
    1. By a majority of a quorum of the Mayor and Township Council.
    2. If a quorum of the Mayor and Township Council cannot reasonably be convened or contacted by telephone, then By the Mayor Zoning Officer; or
    3. In the absence of the Mayor, by his designee appointed for this purpose.
    4. In the absence of the foregoing, By the Chief of Police or his designee, Fire Marshal or his designee or Zoning Officer.
  4. In the event of revocation under this section, the permit fee and the cash deposit, to the extent the latter is billed, used or required, shall not be returned to the applicant

Note: Strikeouts are deletions; underscores are additions.