[HISTORY: Adopted by the Borough Council of the Borough of Stone Harbor as Sec. 6-7 of the 1982 Revised General Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 134.
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.