[Adopted by the Mayor and Council of the Borough of Bradley
Beach 6-14-2016 by Ord. No. 2016-25. Amendments noted where applicable.]
GENERAL REFERENCES
Special events — See Ch. 393.
These regulations are made to permit the holding of a neighborhood block party, celebration or event on a Borough street as set forth in Chapter 394 of the Borough of Bradley Beach.
As used in this chapter, the following terms
shall have the meanings indicated:
An outdoor public event organized by the residents of a neighborhood
or Borough block and held upon a Borough right-of-way for social or
entertainment purposes. For purposes of this chapter, it shall be
allowed in all zones as defined in the Zoning Code. The following
streets may not be closed for a block party: Ocean Avenue, Main Street,
Brinley Avenue, and Lake Terrace; these are county roads.
Any regular working hours in the Borough occurring Monday
through Friday, excluding holidays.
The administrative and departmental costs charged by the
Borough to an applicant in conjunction with an event permitted under
these regulations.
Any street, avenue, boulevard, road, parkway, viaduct, drive,
lane, alley or other way which is an existing state, county or municipal
roadway, or a street or way shown upon a plat heretofore approved
pursuant to law or approved by official action, or a street or way
on a plat duly filed and recorded in the office of the county recording
officer prior to the appointment of a Planning Board and the grant
to such Board of the power to review plats, and including the lands
between the street lines, whether improved or unimproved, and may
comprise pavement, shoulders, gutters, sidewalks, parking areas and
other areas within the street lines.
[Amended 5-11-2021 by Ord. No. 2021-12]
The Borough of Bradley Beach Police Department
is authorized to issue a permit for the temporary blocking of a street
for the purpose of holding a block party. An application for such
permit should be filed with the Chief of Police or the designee at
least 30 days before the commencement of such party. Such application
shall contain at least the following information: name and address
of the applicant, name of the street of the event and a description
of the specific party to be held. Local law prohibits alcohol use
or the consumption of cannabis items of any type.
The appropriated application fee of $100 shall be accompanied with the application. Application shall be submitted to the Borough Clerk. Any other fee for use of any equipment and manpower are set forth in § 393-6, Personnel and equipment fees. Application fee will be refunded in the event that the permit is denied. The permit shall be denied if the Chief of Police or the designee finds that blocking the street on the date requested in the application will unduly interfere with the flow of vehicular traffic or the application is not in the best interests of the Borough, upon determining that the party is not authorized.
A.
The Chief of Police or the designee may at any time
during the event shut down the block party due to any unforeseen emergency,
may it be traffic volume, disorderly behavior, noise or for any other
reason they deem necessary.
A permit issued pursuant to this chapter shall
be valid only for the date and the hours specified thereon, which
shall not be before 12:00 noon until 30 minutes before dusk; maximum
time limit will be four consecutive hours. All litter, debris and
other material must be removed prior to roadway reopening. All barricades/cones
will only be removed by the Police Department. It cannot be assumed
if dusk is at 8:00 p.m. that's when you start to clean up. If the
roadway is due to be reopened at 8:00 p.m. sufficient time should
be allowed to accomplish the cleanup by 8:00 p.m.
The applicant shall be responsible for removal of litter, debris and other materials from the street and sidewalk used for the party which is attributable to or caused by the party and, if not removed by the applicant, may be removed as directed by the Chief of Police or the designee by the Public Works Department and the cost thereof charged to the applicant as per the rate established in § 393-6, Personnel and equipment fees. All barricades/cones will only be removed by the Police Department.
A street that has been blocked off for a party
shall not be obstructed by any other obstacle which cannot be readily
moved to allow emergency and hazard vehicles to enter it in response
to an emergency. The only objects that can be used are the barricades
and/or cones that have been placed by the Police Department.
No more than one permit shall be granted by
the Borough of Bradley Beach Police within a three-block radius of
the first permit. No more than two permits shall be granted by the
Borough of Bradley Police in any calendar year for the same household.
The persons, organization or association to
whom the permit is issued shall be liable for all losses, damages
or injuries sustained by any person, whether a participant or spectator
at the block party or recreational event, whether or not said losses,
damages or injuries arise by reason of the negligence of the person,
persons or organization to whom such permit shall have been issued.
The Borough of Bradley Beach shall require the applicant to enter
into a hold-harmless agreement, which agreement shall provide that
the applicant shall agree to save and hold the Borough harmless of
and from any and all obligations and liabilities which may arise from
the temporary street closing which represents the subject matter of
the application. The applicant shall further agree as part of these
provisions to hold harmless the Borough and to defend at his own cost
and expense any claims or lawsuits instituted by third parties, which
obligations or liabilities might otherwise exist or be asserted against
the Borough. The Borough of Bradley Beach shall further have the option
to require that, prior to the issuance of a permit or commencement
of the temporary street closing for commercial advertising purposes
or profit, the applicant submit evidence of liability insurance covering
damages to property and injuries to members of the general public
arising out of the temporary street closing in such amounts as may
be determined by the Borough of Bradley Beach.
Any person, firm or corporation who shall violate
any provision of this chapter shall, upon conviction, be subject to
a penalty of not more than $250 and imprisonment for a term not to
exceed 15 days, or both. Each day is a continued violation and shall
constitute a separate offense.
