PUBLIC NOTICE Borough of Wallington

PUBLIC NOTICE Borough of Wallington NOTICE IS HEREBY GIVEN that the following proposed ordinance was introduced and passed on first reading at a meeting of the Borough Council of the Borough of Wallington, County of Bergen, State of New Jersey, held on October 2, 2025, and that said ordinance will be taken up for further consideration for final passage at the meeting of said Borough Council to be held at its meeting room in the Wallington Civic Center in Wallington, N.J. on October 16, 2025 at 6:30 P.M., or as soon thereafter as said matter can be reached, at which time and place all persons who may be interested therein will be given the opportunity to be heard concerning the same. A copy of this ordinance has been posted on the bulletin board upon which public notices are customarily posted in the Wallington Civic Center and a copy is available up to and including the time of such meeting to the members of the general public of the Borough who shall request such copies, at the Office of the Borough Clerk in said Civic Center in Wallington, NJ. ORDINANCE NO. # 2025-018 AN ORDINANCE TO AMEND AND SUPPLEMENT PART II GENERAL LEGISLATION OF THE CODE OF THE BOROUGH OF WALLINGTON TO ADD A NEW CHAPTER 366 ENTITLED "SPECIAL EVENTS PERMIT." WHEREAS, the Mayor and council of the Borough of Wallington have determined that it is in the best interest of the community to require anyone intending to hold any type of special event hereinafter described, to obtain a permit for such event; and WHEREAS, in order to ensure public safety, peace, and tranquility, the Mayor and Council have an interest in regulating events that take place on public and private property through a permit process. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE BOROUGH OF WALLINGTON, COUNTY OF BERGEN, AND STATE OF NEW JERSEY, AS FOLLOWS: SECTION ONE: Part II General Legislation of the code of the Borough of Wallington is amended to add a new chapter 366 as follows: Chapter 366 "Special Events Permit" § 366-1. Purpose. The purpose of this Article is to review and assess requests for special events which may take place on or near public property within the Borough of Wallington and which may create liability, disturb public safety, peace, and tranquility and/or require the service of municipal personnel, equipment, facilities, lands, roads, and/or finances to a degree significantly over and above that in which the municipality routinely provides under ordinary circumstances. The purpose is to manage special events through the issuance of permits that adequately address fire, life, safety and health concerns for attendees, participants, guests and spectators of the event, as well as, for residents and the general public in the Borough of Wallington. § 366-2. Definitions. For the purpose of this Article, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this Article clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. SPECIAL EVENT — A temporary event or gathering, using either private or public property, that draws an estimated number of attendees, participants, guests and spectators exceeding fifty (50) people present on any day of the event, and that is or may be dependent on the use of municipal services, personnel, equipment, facilities, lands, roads, and/or finances as determined by the municipality. This may involve one or more of the following activities: Blocking, crowding or restricting streets, sidewalks, parking lots or other public places, in whole or in part;Erection or placement of a stage, band shell, trailer, van, portable building, grandstand, bleachers, tent, or other apparatus used for entertainment purposes on public property, or on private property where otherwise prohibited by ordinance;Sale or distribution of food or beverages on streets, sidewalks, alleys, or other public places or public property, or on private property where otherwise prohibited by ordinance;Activity that requires for its successful and safe execution the provision and coordination of municipal services to a degree over and above that which the town routinely provides under ordinary circumstances.Examples of Special Events include, but are not limited to: the following: car/motorcycle shows, concerts, outdoor movies, festivals, carnivals, parties…etc. § 366-3. Permit requirements, application requirements, application fee. No person or entity shall hold a special event without first obtaining a permit. The Permit requirement may be waived for a municipal sponsored event.To obtain a permit, an application for a special event shall be fully completed and filed at least twenty (30) days prior to the start date of the event with the Municipal Clerk. The Municipal Clerk shall forward the application to the Fire Department for review. There shall be a non-refundable fee of fifty dollars ($50) for filing an application under this Article.Applications for special event permits shall include, but are not limited to, the following information: (1) Date(s) of the special event; (2) Location of the special event; (3) Approximate number of persons attending the special event, including but not limited to participants, guests, spectators, vendors and attendees; (4) Proposed traffic management plan, including but not limited to, any proposed street closures or anticipated heavy use of particular streets or roadways or parking lots; (5) Location, if applicable, of provision or consumption of alcoholic beverages [see §175-15]; (6) Location, size, and description of any temporary structures; (7) Location, type and duration of any entertainment that will be provided or present; (8) Proposed safety and emergency plans, including but not limited to, a proposed security plan, fire protection plan, and/or medical personnel that will be present or contracted for; (9) Proposed sanitation plan, including but not limited, plan to recycle or remove waste, trash, and litter, and/or anticipated use of the town's Department of Public Works; (10) Proposed site, layout and/or seating plan, if applicable; (11) Name, address, and additional contact information or any person(s) or entity(s) designated as the responsible party for the event; (12) Any other information requested by the Fire Department deemed relevant to fire, life, safety and health. § 366-4. Review, additional requirements, inspections. The Fire Department shall review the application submitted and provide a response to the applicant, either via telephone or in writing, within ten (10) days.The Fire Department shall consult with any departments deemed appropriate to ensure that fire, life, safety and health concerns are adequately addressed for the event itself, and that the special event will not require the diversion of police, fire or medical resources regularly in place in the Borough so as to interfere with the welfare and safety of other persons in the Borough. Departments consulted may include, but are not limited to, the Police Department, Office of Emergency Management, Board of Health, Emergency Medical Services, Office of Inspections and Department of Public Works.The Fire Department shall have the authority to: (1) Approve or deny all applications for special events. (2) Issue and revoke permits to hold special events. (3) Set deadlines for compliance and request submission of information before issuing a permit. (4) Determine and require the person or entity responsible for the event to provide essential fire and safety services on site, including, but not limited to, security, fire protection and emergency medical services (EMS). (5) Appropriate any necessary municipal support services, such as fire, police, EMS, OEM or public works which promote fire, life, safety and health concerns for the public. (6) Conduct inspections of the site in conjunction with the application review and for compliance with permit requirements prior to and during the special event. The person or entity responsible for the event shall provide a Certificate of Insurance showing sufficient coverage, as determined by the Fire Department, and naming the Borough of Wallington and its agents as an additional insured party.The person or entity responsible for the event will also provide a hold harmless and indemnity agreement to the Borough of Wallington in regard to any liability for injury to persons or property.The person or entity responsible for the event may be required to deposit an amount of money, to be determined by the Fire Department, with the Borough of Wallington to be held in escrow for the municipalities use to pay for the cost of any municipal services, personnel, equipment, or associated items for the special event. Any amount due and owing above the amount held in escrow shall be the responsibility of the person or entity responsible for the event.If an inspection(s) of the site is deemed necessary by the Fire Department before the issuance of a permit, the inspection(s) shall take place prior to the commencement of the special event at an arranged time. Notification of an inspection(s) for compliance with the terms of a permit during a special event is not required. A permit may be suspended or revoked by the Fire Department for violations of the permit or for failure to comply with any provisions set forth in this Article or any other section of the Borough Code. If a permit is suspended, the event shall also be suspended until the violations are rectified. Reasons that a permit may be suspended or revoked shall include, but are not limited to, the following: (1) The event unreasonably interferes with or detracts from the general public's enjoyment of public parks, beaches, roadways, sidewalks or facilities; (2) That event unreasonably interferes with or detracts from the promotion of public health, welfare, safety, and quit enjoyment. (3) That event promotes or results in criminal or disorderly conduct. (4) The event violates any section of the Borough Code. § 366-5. Violations and penalties. Any person or entity found guilty of violating or failing to comply with the Article by the municipal court shall be subject to a fine of not more than $2,000. Further, any event found to be in violation of this Article shall be subject to closure, or suspension until compliance occurs. § 366-6. Enforcing agency. The Fire Department is designated as that officer/employee responsible for enforcement of the conditions of this Article. SECTION TWO Repealer: All Ordinances or parts of Ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency only. SECTION THREE: Severability: If any section, subsection, paragraph, sentence or other part of this Ordinance is adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance, but shall be confined in its effects to the section, subsection, paragraph, sentence or other part of this Ordinance directly involved in the controversy in which said judgment shall have been rendered and all other provisions of this Ordinance shall remain in full force and effect. SECTION FOUR: Effective Date: This Ordinance shall take effect immediately upon final adoption and publication and in the manner provided by law. October 8 2025 LNYS0383417 $238.92