[HISTORY: Adopted by the Mayor and Council of the Borough
of Sea Bright 5-20-2014 by Ord. No. 8-2014.[1] Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The person seeking or obtaining a special event permit.
A gathering on a residential street requiring a closure of
said street, or a portion thereof, to vehicular traffic and use of
the street for the gathering.
Any situation in which a member of the Committee shall, either
directly or indirectly, have any personal or financial interest in
a specific permit application.
Includes any natural person, organization or company duly
formed and existing under the laws of the State of New Jersey, its
owners, agents, employees or representatives.
Any assembly on public property, regardless of whether that
assembly is for a public or private purpose and regardless of whether
the general public is invited to attend or participate.
[Amended 12-16-2014 by Ord. No. 18-2014]
Includes, but is not limited to, any race, walkathon, parade,
fair, carnival, festival, celebration, concert, show, exhibition,
block party, public gathering, or other similar event in or upon any
public grounds, space, park, beach or street of the Borough, which
may also require temporary exemption from certain municipal ordinances.
A permit issued pursuant to this chapter.
The Special Events Committee formed pursuant to the provisions
of this chapter.
A way or place of whatever nature, publicly maintained and
open to the use of the public right-of-way for purposes of vehicular
or pedestrian travel. "Street" includes highways and alleys.
A.
A person or organization desiring to hold a special event must first
apply for and obtain a permit from the Borough Clerk.
B.
An application for a permit shall be filed with the Clerk on a form
furnished by the Borough Administrator and signed by the organizer
under penalty of perjury.
C.
An application shall be filed not less than 60 days before the date
of the proposed special event. The Special Events Committee may agree
to hear and approve an application upon less than the mandated 60
days if the Committee finds special circumstances exist for the hearing
and granting of that application.
[Amended 12-16-2014 by Ord. No. 17-2014]
D.
There shall be a fee for the filing of any permit application, said
fee to be set by the Borough Council on an annual basis.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
E.
An applicant who holds recurring events for the benefit of the citizens
of the Borough of Sea Bright may make a single application listing
all of the events for which it seeks approval. The Borough Clerk shall
be empowered to determine whether the applicant is in fact one who
holds such recurring events and is therefore eligible to submit a
single application.
F.
Permit applications shall contain:
(1)
Name, address and telephone number of the applicant.
(2)
Names, addresses and telephone numbers of any organizers, persons,
corporations or associations sponsoring the event.
(3)
Name, address and telephone number of the contact person who shall
be the individual with whom Borough employees and representatives
may communicate about the special event prior to, during and after
the event as to all issues pertaining to the event.
(4)
A detailed description of the proposed event, including, as applicable,
a sketch that would show the area or route to be used, along with
proposed structures, tents, fences, barricades, signs, banners and
restroom facilities.
(5)
The date(s) and hours during which the special event for which a
permit is desired will occur.
(6)
The location of the event for which the permit is desired, and complete
details as to how the applicant intends to provide for security and
traffic control, including any specific routes or plans, assembly
and dispersal locations.
(7)
The number of contestants, participants, spectators and/or other
people that could reasonably be anticipated to attend the event.
(8)
A detailed description of the Borough resources or services that
will be required to be provided in connection with the event.
(9)
In the case of a block party, a signature list with the names and
addresses of at least 50% of the properties in the block/neighborhood
affected by the event so as to demonstrate local support for the block
party.
(10)
An acknowledgment that if the permit is issued, the applicant
will a) be bound by all applicable Borough ordinances, rules and regulations,
and b) be liable for all loss, damage or injury sustained by any person,
for whatever reason, which might occur during the special event due
to the negligence of those organizers, persons, corporations or associations.
(11)
An indemnity agreement in a form approved by the Borough Attorney
which shall expressly provide that the applicant agrees to defend,
protect, indemnify, and hold the Borough, its officers, employees
and agents free and harmless from and against any and all claims,
damages, expenses, loss or liability of any kind or nature whatsoever
arising out of, or resulting from, the alleged acts or omissions of
the applicant, its agents, its employees or participants in the special
event.
(12)
Any other information which the Borough Clerk shall find reasonably
necessary for making a fair determination as to whether the requested
permit should be issued.
G.
Upon submission of the permit application, the Borough Clerk shall
transmit the application to the Special Events Committee for consideration
and review.
I.
No special event permit shall be issued by the Borough Clerk unless the applicant has paid the special event security deposit, if such has been required per § 179-7 of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
J.
No special event permit shall be issued by the Borough Clerk unless the applicant has provided proof of liability insurance, if such has been required per § 179-8 of this chapter.
K.
The special event permit shall identify the Borough ordinances, if
any, which are being waived for the applicant for the duration of
the special event.
L.
In accordance with the police powers afforded to the Borough pursuant
to state law, the Borough reserves the right to limit the number of
special event permits to be issued for a given calendar day.
A.
There shall be created a Special Events Committee, which shall consist
of the following 11 members: 1) the Mayor or a designee of his or
her choosing; 2) a member of the Borough Council as chosen by it;
3) the Borough Administrator or, if the Borough Administrator is unavailable
for any Committee meeting, the Borough Clerk; 4) the Chief of Police
or a designee of his or her choosing from within the Police Department;
5) the Director of Public Works or a designee of his or her choosing
from within the Public Works Department; 6) the Director of Recreation;
7) the Public Safety Director; 8) the Borough's OEM Coordinator or
a designee of his or her choosing who has knowledge of the Fire Subcode;
9) a registered environmental health specialist from the Monmouth
County Regional Health Commission No. 1; 10) an owner of a business
located in the Borough of Sea Bright who is neither an official of
nor in the full-time employ of the municipality, as chosen by the
Mayor with the advice and consent of the Borough Council, to serve
a term no longer than one year from the date of appointment; and 11)
a resident of the Borough of Sea Bright who is neither an official
of nor in the full-time employ of the municipality, as chosen by the
Mayor with the advice and consent of the Borough Council, to serve
a term no longer than one year from the date of appointment.
[Amended 4-18-2017 by Ord. No. 9-2017; 10-3-2017 by Ord. No. 18-2017]
B.
The Borough Administrator, or Borough Clerk if the Borough Administrator
is unavailable, shall act as the Chairperson of the Special Events
Committee.
C.
The Special Events Committee shall select a Secretary, who may or
may not be a member of the Committee or a municipal employee. The
Secretary shall be responsible for taking minutes of the Committee
meetings and retaining the Committee's files, as well as working with
the Borough Clerk as needed to respond to any Open Public Records
Act (OPRA)[1] requests.
[Amended 4-18-2017 by Ord. No. 9-2017]
[1]
Editor's Note: See N.J.S.A. 47:1A-1 et seq.
D.
If any of the municipal officials serving on the Special Events Committee
shall hold more than one of the offices identified for membership
(for example, the Director of Public Works is the same individual
as the Director of Recreation), then, in that event, the Mayor shall
designate another municipal official, other than a member of the Borough
Council, to serve on the Special Events Committee so as to maintain
the total membership at 11 individuals.
E.
If there is no registered environmental health specialist from the
Monmouth County Regional Health Commission No. 1 who is willing to
serve upon the Special Events Committee, then, in such an event, the
Mayor shall choose a second resident of the Borough of Sea Bright,
preferably one in a health-related field, regardless of whether such
person is in the employ of the municipality, to serve on the Committee.
Said resident shall be appointed with the advice and consent of the
Borough Council, to serve a term no longer than one year from the
date of appointment.
F.
Any of the Borough employees who are members of the Special Events
Committee shall be empowered to send a designee of their choosing
to act in their place at any Committee meeting if they are unavailable
to attend the meeting on their own.
[Added 10-3-2017 by Ord.
No. 18-2017]
A.
Alternate member of Borough Council serving on Committee. The Borough
Council shall choose, from its membership, an alternate to serve on
the Special Events Committee in the event the Council member who was
chosen to serve as the regular member of the Committee is unavailable,
for any reason, to participate in a particular application.
B.
Alternate business owner. The Mayor shall choose, with the advice
and consent of the Borough Council, an owner of a business located
in the Borough of Sea Bright, who shall not be an official of or in
the employ of the municipality, to serve as an alternate on the Committee
in the event the Committee member who was appointed to the business
owner seat is unavailable, for any reason, to participate in a particular
application. This alternate shall serve no longer than one year from
the date of appointment.
C.
Alternate resident. The Mayor shall choose, with the advice and consent
of the Borough Council, a resident of the Borough of Sea Bright, who
shall not be an official of or in the employ of the municipality,
to serve as an alternate on the Committee in the event the Committee
member who was appointed to the resident's seat is unavailable, for
any reason, to participate in a particular application. This alternate
shall serve no longer than one year from the date of appointment.
A.
No member of the Committee shall be permitted to act on any permit
application in which he or she has, either directly or indirectly,
any personal or financial interest. Should any member of the Special
Events Committee have such a conflict preventing his or her ability
to impartially consider a particular permit application, that member
shall be recused from hearing the application.
B.
In the event any municipal official, including the registered environmental
health specialist, other than the Mayor or member of the Borough Council,
has a conflict on any particular application, the Mayor (or if the
Mayor is conflicted, the Borough Administrator) shall designate another
municipal official from the conflicted official's department (or if
there are no other individuals in that department, an official from
a related department) to serve on the Committee for that particular
application. The intent of this provision is that it is in the best
interest of the Borough of Sea Bright to have each of the various
municipal departments represented during the consideration of a permit
application.
C.
In the event so many members of the Special Events Committee have conflicts on a particular application so as to prevent a quorum of the Committee from being able to meet, and due to conflicts it has proven impossible to designate a sufficient number of alternate officials as required by Subsection B of this section, then, in that event, the Mayor (or if the Mayor is conflicted, the Borough Administrator) shall be empowered to designate municipal officials, other than members of the Borough Council, to sit on the Special Events Committee for that particular application until there are the minimum number of members necessary to constitute a quorum.
A.
The Special Events Committee shall hold meetings on a monthly basis,
or as frequently as the Chairperson deems necessary, to consider those
permit applications that have been referred to it by the Borough Clerk.
The Committee shall also be empowered to consider any other matter
referred to it by the Borough Council. All meetings shall be noticed
and conducted pursuant to the provisions of the Open Public Meetings
Act.[1]
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
B.
Prior to hearing an application, the Borough Clerk shall prepare
for the Committee members and the applicant a list of any local ordinances
that would require a temporary waiver by the Committee were the permit
application to be approved.
C.
Applicants shall be required to appear before the Committee so as
to enable the Committee to discuss and gain a full understanding of
the event which is being proposed. The Committee may waive this requirement,
if it believes the appearance of the applicant would not be beneficial
to it.
[Amended 4-18-2017 by Ord. No. 9-2017]
D.
When considering whether to grant a permit application, the Committee
shall take the following into consideration:
(1)
The proposed special event's impact on the public health, public
safety and general welfare of the public.
(2)
The impact of the proposed special event on the public's enjoyment
of the Borough's amenities.
(3)
The impact of the proposed special event on the Borough's resources
and/or services.
(4)
That the proposed special event will not conflict with another proposed
or scheduled special event in such a fashion that the Borough's Police
Department and/or other departments would have insufficient manpower
to provide for the public safety of the community.
(5)
The manner in which the applicant intends to provide notice to neighborhoods
impacted by the proposed special event of the occurrence of that special
event.
(6)
In the case of a block party, the Committee shall ensure that there
is a means of ingress and egress for neighbors not wishing to participate
in the block party.
(7)
The Special Events Committee shall not consider the content of the
speech, actions or event in reaching its decision on whether to grant
the permit or to incorporate any stipulations, unless it determines
that such stipulations meet a strict scrutiny test in conformance
with the United States Constitution and the Constitution of the State
of New Jersey and there is a compelling public interest in imposing
such stipulations.
(8)
The Special Events Committee shall consider each permit application
upon its merits and shall not discriminate based upon race, creed,
color, ethnicity, religion, ancestry, sex, age, disability, national
origin, sexual orientation, gender identity, political party affiliation
(or lack thereof), familial status, or marital status.
[Amended 4-18-2017 by Ord. No. 9-2017]
A.
The applicant shall deposit with the Borough Clerk, at least 10 days
prior to the date of the special event, an amount of money between
$100 and $5,000 to be determined by the Committee, based upon the
municipal services needed for the size and scope of the special event,
and which shall be held by the Borough, for the Borough's use to pay
for any Borough services and/or facilities for the special event.
B.
The amount of security deposit set by the Committee shall be based
upon the size and scope of the special event and the corresponding
reasonably anticipated Borough costs for Borough services arising
from the special event.
C.
The applicant shall be responsible to pay any amount due and owing
the Borough for the use of services or facilities for the event over
and above the amount of security deposit.
D.
Should any funds remain from the security deposit following the conclusion
of the special event, and after all costs associated with the special
event have been paid, those monies shall be returned to the applicant.
E.
The Special Events Committee may waive or reduce the special event
security deposit if it determines circumstances warrant the granting
of such a waiver or reduction, including, but not limited to, nonprofit
or charitable organizations where no commercial activity is taking
place at the special event.
A.
All applicants seeking a permit shall be bound by all applicable
Borough ordinances, rules and regulations, except in such cases where
exemptions have been requested and approved by the Committee in its
approval of the special event. The applicant to whom the permit is
issued shall be liable for all loss, damage or injury sustained by
any person or property due to the negligence of the applicant during
the course of the special event.
B.
The Committee shall set, based upon the size and scope of the event,
an amount of liability insurance the applicant must carry in order
to cover any liabilities that may occur as a result of the special
event. If liability insurance is required, the applicant's insurance
policy shall name the Borough as an additional insured. The maximum
amount of insurance coverage shall be $1,000,000.
C.
All applicants, regardless of whether liability insurance is deemed
to be required, must execute a hold harmless agreement, the text of
which shall be prepared by the Borough, before a permit will be issued.
[Added 4-18-2017 by Ord.
No. 9-2017]
The Special Events Committee shall be empowered, as part of
any permit grant, to set such special conditions as it deems reasonably
necessary for the successful conducting of that particular special
event.
A.
Within five business days following the hearing of any permit application,
the Secretary of the Special Events Committee shall transmit the Committee's
determination as to whether the permit has been granted or denied
to the Borough Clerk.
C.
The transmission shall identify any ordinances which the Committee
has determined are to be waived for the applicant during the duration
of the special event.
D.
The transmission shall include notations of any other special conditions
set by the Committee in granting the application.
E.
If the permit has been denied, the transmission to the Borough Clerk
shall include a brief statement explaining the reason for denial.
A.
Upon the showing of special circumstances, the Borough Council shall
have the authority to grant a special event permit without the necessity
of the applicant first having to appear before the Special Events
Committee.
B.
Upon the showing of special circumstances, the Borough Council shall
have the authority to hear appeals from any denial of a permit by
the Special Events Committee and thereafter grant the permit if such
a grant is deemed warranted.
C.
Upon the showing of special circumstances, the Borough Council shall
have the authority to alter any decision of the Special Events Committee,
including, but not limited to, the setting of security deposit and/or
liability insurance amounts.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D.
Should the Borough Council exercise any of its powers under this section, it shall follow the criteria set forth in § 179-6 of this chapter for evaluating the proposed special event. The Borough Council shall also be empowered to set a special event security deposit, as per § 179-7 of the chapter, set a liability insurance amount, as per § 179-8 of this chapter, or set special conditions, as per § 179-9 of this chapter.
[Amended 4-18-2017 by Ord. No. 9-2017]
The Borough Clerk, Administrator and/or Chief of Police shall
have the authority to revoke a special event permit upon a finding
of the applicant's violation of any rule, Borough ordinance, or condition
of the permit. If a permit is revoked, it may be reinstated by the
revoking official if the violation is demonstrated to be rectified
in a timely manner. Appeals of a revocation may be taken directly
to the Borough Council.
A.
Any person who knowingly fails to obtain a special event permit before
conducting a special event shall be considered to have committed a
misdemeanor and may be punished as such with penalties and fines consistent
with Borough ordinances.
B.
In addition to the penalties and fines established by ordinance,
the violating party may be assessed costs for any expenses incurred
by the Borough as a result of said violation.
A.
The Police Department shall, in connection with its duties imposed
by law, diligently enforce the provisions of this chapter.
B.
The Police Department shall have the authority to eject from the
special event area any person or persons acting in violation of this
chapter or other applicable ordinances of the Borough.
C.
The Police Department shall have the authority to seize and confiscate
any property, thing, or device used in violation of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
It is not the intent of this chapter to regulate conduct, the
sole or principal object of which is the expression, dissemination
or communication by verbal, visual, literary or auditory means of
opinion, views or ideas that are protected by either the Federal or
New Jersey State Constitution. Therefore, this chapter is designed
and intended to be a content-neutral time, place, and manner permitting
system. The Borough's implementation of the various provisions in
this chapter shall seek to ensure compliance with the Federal and
New Jersey State Constitutions. As such, the Borough Clerk, after
consultation with the Borough Attorney, is empowered to waive and/or
modify all fee and security deposit requirements under this chapter
where strict adherence to this chapter's provisions would act as a
violation of a person's constitutional rights.
