As used in this chapter, the following terms
shall have the meanings indicated:
COMPLETE
A preliminarily complete application which has been commented
upon by the relevant Borough officers.
PRELIMINARILY COMPLETE
An application which has been completely filled out to the
satisfaction of the Borough Clerk by the applicant.
SPECIAL EVENT
Any activity for public display and/or participation which
requires the utilization of public and/or Borough equipment, beaches,
parks, grounds, waters, buildings, rights-of-way and/or personnel.
[Amended 12-5-2006 by Ord. No. 1272]
No person(s) or entities shall conduct any special event within the Borough of Stone Harbor without first completing an application for permit for same. A form of application can be obtained from the Borough Clerk. Any such application shall be submitted at least 60 days in advance of the proposed special event. Once deemed preliminarily complete by the Clerk's office, copies of the application shall be delivered to the Chief of Police, the Director of Public Works and the Borough Safety Officer for review and comment. Such comments shall be received in writing by the Borough Clerk within 10 days of provision of the completed application from the Borough Clerk's office. If no comments are received within said time period, the Clerk shall deem the application complete and follow the provisions of §
275-3. Nothing herein shall preclude the Mayor and Council from receiving appropriate comments from Borough officials at the time of the application hearing. The fee for processing of such applications shall be as established from time to time by resolution of Borough Council, nonrefundable and payable in advance. In addition to the processing fee, Borough Council shall have authority to establish, by resolution, any reasonable condition and may condition approval of any special events permit on the payment by the applicant of security deposit and/or any and all costs incurred by the Borough in connection with the special event, except that Council retains the discretion to waive any such deposit or charges in the appropriate case.
A. No person(s)
or entities shall be eligible to submit a special event permit application
to conduct an activity for public display and/or participation on
municipal property unless said persons are acting on behalf of a not-for-profit
corporation or other such charitable organization and the reason for
which said permit is sought is in fulfillment of said person(s) and/or
entity's purpose.
[Added 12-21-2021 by Ord.
No. 1602]
A copy of the completed application shall be
delivered to all members of the governing body for their review and
the application shall be timely scheduled for hearing at a regularly
scheduled meeting of the Mayor and Council. The application shall
be deemed approved only upon the affirmative vote of a majority of
the members of Council then present and voting upon a motion for approval.
Approval of the application shall be under and subject to any and
all reasonable conditions deemed appropriate by the Council. Upon
approval by Council, the Clerk shall issue a permit for the special
event limited to and consistent with the application and the conditions
imposed by Council.
[Amended 10-19-2004 by Ord. No. 1218; 12-6-2022 by Ord. No. 1620]
The provisions of this chapter shall not apply
to any special event conducted by or on behalf of the Borough of Stone
Harbor and/or its municipal agencies. Such special events shall be
governed by applicable Borough policies. Additionally, Council retains
the discretion to waive any provision of this chapter where deemed
appropriate in the sole discretion of the Borough Council. Waiver
of any provision shall take into account the following factors, including
but not limited to:
A. Impact on traffic and public access.
B. Impact on the Borough's ability to supply appropriate municipal
services (fire, police, emergency services, public works).
C. Overall benefit/detriment to the health, safety and well-being of
the public and of the Borough.
D. Other factors, considerations, and criteria deemed by the Council
to be in the best interest of the Borough.