[HISTORY: Adopted by the Borough Council of the Borough of Seaside Heights 6-18-2003 by Ord. No. 03-19. Amendments noted where applicable.]
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
- SPECIAL EVENT
- A. For the purposes of this chapter, the term special event shall be deemed to include any walkathon, bikeathon or jogging group, block party, parade or other organized group of 25 or more people having a common purpose or goal, proceeding along a public street or other public right-of-way in the Borough of Seaside Heights, or the beach or boardwalk in the Borough of Seaside Heights. Special events shall include any event which will require use of a portion of Borough property for sole use by a person, people or an organized group to the exclusion of the general public.
Determination of Special Events Coordinator. In the event that an application is received by the Special Events Coordinator which in the judgment of the Special Events Coordinator may not be required pursuant to this chapter, the Special Events Coordinator shall then consult with the Borough Administrator to determine whether the application must be completed or returned to the applicant unprocessed.
[Amended 3-21-2012 by Ord. No. 12-02]
An application to conduct such special event shall be submitted to the Special Events Coordinator together with an application fee, in writing, by the person or persons in charge or responsible therefor. Such application shall set forth the following information:
The name, address and telephone number of the person requesting the special event permit. The person requesting the permit shall be deemed the contact person for the event unless otherwise specified. If a second person is specified as the contact person for the event, then that person's name, address and telephone number shall also be provided.
The name and address of the organization or group the applicant is representing.
The name, address and telephone number of the person or persons who will act as chairman of the special event and be responsible for the conduct thereof. If said person shall be the same as the contact person, same must be specified.
The number of agents or representatives of the organization hosting the special event who will be present at the time of and during the special event shall be provided. Names of such agents and representatives shall be provided. Some identifying clothing or accessory, such as name tags, shall be worn by each representative or agent so as to make such persons readily identifiable. The Special Events Coordinator shall approve any such clothing or accessory as sufficient to identify event personnel.
The activities planned for the event, the estimated number of persons to participate and/or attend, and the number and types of vehicles (if any) to participate.
The method of notifying participants and invitees of the rules and regulations governing the special event, if appropriate.
The date the event is to be conducted and the hours it will commence and terminate.
The specific assembly and dispersal locations, the specific route and the plans, if any, for assembly and dispersal.
Whether any music will be provided, either live or recorded.
The number, types and locations of all loudspeakers and amplifying devices to be used.
Such other information as the Special Events Coordinator may deem necessary in order to properly provide for traffic control, street and property maintenance and the protection of the public health, safety and welfare.
A person seeking issuance of a parade permit shall file a supplemental application with the Special Events Coordinator. Said application shall be in addition to the general special events application required pursuant to Subsection A.
An application for a parade permit shall be filed with the Special Events Coordinator not less than seven nor more than 30 days before the date on which it is proposed to conduct the parade.
The application for a parade shall set forth the following additional information:
The route to be traveled, the starting point and the termination point.
The approximate number of persons, animals and vehicles that will constitute such parade; the type of animals and description of the vehicles.
The hours when such parade will start and terminate. This information shall be in addition to the information provided above which shall indicate the start and end times of the entire event. The answer to this question shall specify the actual time for the duration of the parade itself to the exclusion of any pre or post activities.
A statement as to whether the parade will occupy all or only a portion of the width of the streets proposed to be traversed.
A listing of locations by streets of any pre-parade assembly areas for such parade and the time at which units of the parade will begin to assemble at any such area or areas. For purposes of the public health, safety and welfare, these times must be specific and rounded to the quarter hour. The general time of the parade route shall not include the assembly time. For each street upon which assembly will occur, a separate time must be provided, as well as an estimated time of departure from that street to begin the parade. By providing times, the applicant for a parade permit is acknowledging that the parade is scheduled to move from the point of origin to its point of termination expeditiously and without unreasonable delays en route.
The interval of space to be maintained between units of such parade.
Any additional information which the Special Events Coordinator shall find reasonably necessary for a fair determination as to whether a permit should issue and any information necessary to secure the public health, safety and welfare.
If the parade will use or traverse any state or county road or highway within the Borough of Seaside Heights, the application shall be accompanied by a written consent or other written authorization to hold such parade on the date and the time requested, issued by the public agency or body having jurisdiction and control over said road or highway.
The Special Events Coordinator shall have the authority to consider any application hereunder which is filed less than seven days before the date such parade is proposed to be conducted and may, at his or her discretion, waive the requirement for certain information if found to be unnecessary based on the application.
Once a completed application is submitted, the Special Events Coordinator shall review the application. Once the Special Events Coordinator has completed his or her review of the application, he or she shall make a recommendation to the governing body. Upon consideration of the recommendation of the Special Events Coordinator, if the governing body shall find that the special event is not to be held for any unlawful purpose and will not in any manner endanger the public health, safety and welfare or unnecessarily interfere with the public use of the streets and sidewalks, the governing body may approve the application. After giving consideration to the recommendations of the Special Events Coordinator, the final determination as to whether or not a permit shall be issued shall be made by the governing body.
All completed special event applications shall be presented to the governing body by the Special Events Coordinator at the meeting next following the filing of the completed application. The Special Events Coordinator may exercise reasonable discretion in holding an application from consideration if the Special Events Coordinator determines that an informed decision cannot be made by the governing body without first obtaining additional essential information.
Any permit granted under this chapter may contain conditions reasonably calculated to reduce or minimize dangers and hazards to vehicular or pedestrian traffic and the public health, safety and welfare, including, but not limited to, changes in time, duration or number of participants. In all cases, the following shall apply:
The conduct of the special event will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route or location.
The conduct of the special event will not require the diversion of so great a number of police officers of the Borough to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection to the Borough.
The conduct of such special event will not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the Borough other than those to be occupied by the proposed line of march and areas contiguous thereto.
The concentration of person, animals and vehicles at assembly points of the special event will not unduly interfere with proper fire and police protection of or ambulance service to areas contiguous to such assembly areas.
The conduct of such special event will not interfere with the movement of fire-fighting equipment en route to a fire.
The conduct of the special event is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or create a disturbance.
All directional signs erected in connection with the special event shall be removed within 24 hours of the termination of the event.
Pursuant to N.J.S.A. 40:67-16.9, for the purpose of carrying out the preceding sections of this chapter, the governing body authorizes the Mayor to provide, by regulation, for the closing of any Borough-owned street, or portion thereof, to motor vehicle traffic on any day or days or during specified hours on any day or days whenever he/she finds that such closing is necessary for the preservation of the public safety, health or welfare. Any regulations promulgated by the Mayor pursuant to the authority of this section shall provide for the posting of proper warning signs of such closing of any street, or portion thereof, during the time same is closed. If any county-owned street needs to be closed in connection with the special event, it shall be the responsibility of the applicant to obtain the approval for the same from the county prior to the commencement of the special event. Proof of such approval shall be provided prior to the commencement of the special event. However, the governing body may, in its discretion, approve an application contingent upon the providing of such proof.
[Amended 5-19-2004 by Ord. No. 04-07]
All applicants must provide a certificate of insurance specifically naming the Borough of Seaside Heights as an additional insured providing general liability, bodily injury and property damage coverage with minimum limits of liability not less than $1,000,000.
The applicant shall agree to indemnify, defend and hold harmless the Borough, its agents, servants, representatives and employees, from and against all losses, damages, claims, liabilities and causes of action of every kind, or character and nature, as well as costs and fees, including reasonable attorneys' fees connected therewith, and the expense of investigation thereof, based upon or arising out of damages or injuries to third persons or their property caused by the acts, omissions or negligence of the applicant, anyone for whose acts the applicant may be liable, or any claims arising out of or in any manner relating to the activities permitted pursuant to this chapter to the extent permitted by law. The applicant shall give the Borough prompt and reasonable notice of any such claims or actions.
Any applicant that is insured by the Ocean County Joint Insurance Fund shall be exempt from the requirements listed in § 193-8A and B above. If an organization other than the applicant will be using Borough property in connection with participation in a particular event and no separate application is submitted by that organization, the organization must comply with the requirements listed in § 193-8A and B above. If the additional organization(s) is also insured by the Ocean County Joint Insurance Fund, then that organization shall also be exempt from the requirements listed in § 183-8A and B above.