As used in this chapter, the following terms shall have the
meanings indicated:
SPECIAL EVENT
An event sponsored by an organization who desires to use
a portion of the public streets, or other public property, or avail
itself of public facilities. Such event must be sponsored by a corporation
(nonprofit or for profit), authorized to do business in the State
of New Jersey, a nonprofit civic association, a charitable association,
a religious association or any other association of persons. Special
events shall include, by way of example and not by way of limitation,
such events as parades, festivals, craft fairs, art shows, athletic
contests, running races, bicycle races, fund raising events and similar
events any of which may include entertainment.
Any organization set forth in §
376-1 desiring to sponsor a special event shall comply with the following requirements:
A. A written application with the Director of Tourism requesting approval
of City Council for the special event must be filed not later than
90 days prior to the proposed commencement date of the special event,
unless waived by the Mayor and/or governing body. Application forms
shall be prepared on an annual basis by the Director of Tourism with
the assistance of the head of each City department whose department
may be required to render municipal services in connection with special
events during the forthcoming year. The final form and substance of
the application forms shall be subject to the approval of Council
by adoption of an appropriate resolution. A nonrefundable application
processing fee of $50 shall be charged to each entity filing a special
event application with the Director of Tourism. If the entity submitting
the application has been determined by the Internal Revenue Service
to be a nonprofit entity and a written determination of the Internal
Revenue Service to that effect is submitted with the application,
then the nonrefundable application processing fee shall be reduced
to $25.
B. Special event fee. There shall be a fee charged to each organization,
excluding municipal operations, operating a special event in the sum
of $50 for each entity filing application, or $25 for a nonprofit
entity filing an application. Upon recommendation of the Mayor, Council
shall have the right to waive this fee for any nonprofit entity sponsoring
a special event if deemed to be in the best interest of the City of
North Wildwood.
C. Municipal services. A schedule of costs for municipal services shall
be appended to each special event application. The costs that are
set forth in that schedule shall be no more or less than the actual
costs that are incurred by the City for rendering each service that
is set forth on the schedule in connection with a special event. Utilizing
that schedule of costs, upon submission of a special event application,
the department head of each City department that will be needed to
render municipal services in connection with the special event shall
calculate the anticipated total costs to be incurred by his/her department
in providing municipal services in connection with the special event,
and that calculation shall be forwarded to the Chief Financial Officer
who, in turn, shall calculate the total costs of all municipal services
anticipated to be provided in connection with the special event. Within
30 days of conclusion of the special event, the Chief Financial Officer
shall make a calculation of the total costs of municipal services
that actually were supplied by the City in connection with the special
event. That sum shall be deducted from the special event sponsor's
escrow and remitted to the City as reimbursement for municipal services
that were provided. Upon recommendation of the Mayor, Council shall
have the right to waive some or all of the requirement to post an
escrow for municipal services for any nonprofit entity sponsoring
a special event if deemed to be in the best interest of the City of
North Wildwood, having due regard for the size and scope of the special
event and the economic benefits to be derived by the residents and
business owners of the City of North Wildwood by reason of the special
event being conducted in the City of North Wildwood.
D. Parking permits. A special event applicant may include in their application
a request for the issuance of not less than 250 parking meter permits
for an out-of-season event or not less than 500 parking meter permits
for an in-season event which shall be valid for not less than three
days each. The cost of each such parking permit per vehicle shall
be $5 per each day of the special event.
E. Insurance; indemnification and hold harmless.
(1) Insurance. All special event applicants, their agents and employees
are required to be covered by a policy or policies of liability insurance.
Said insurance shall provide coverage for personal injury liability
insurance in the amount of at least $1,000,000 combined single limit/$2,000,000
aggregate and at least $500,000 per occurrence for property damage.
A certificate of insurance that confirms the aforementioned coverage
shall be submitted whenever a special event application is submitted
to the City Clerk. The insurance shall name the City of North Wildwood
as an additional insured and shall provide for not less than 30 days'
notice of policy cancellation to the City.
(2) Indemnification and hold harmless. The City shall not be responsible
for any injury or damage to persons or property resulting from the
negligence of the special event sponsor or its servants, agents or
employees in conducting the special event. By accepting the special
event permit the special event sponsor agrees to indemnify and hold
harmless the City of North Wildwood, its agents, servants, and employees,
from any damage or liability sustained by any person or property arising
out of the activities of the applicant or its agents, servants, and
employees in conjunction with the conduct of the special event, nor
shall the City or any official or employee thereof be deemed to have
assumed any such liability or responsibility by reason of the issuance
of any special event permit. Furthermore, by accepting the permit
the special event sponsor agrees that, in the event a claim is made
against the City, its agents, servants, or employees arising out of
the special event sponsor's activities or those of its agents or employees,
the special event sponsor shall provide the City with a legal defense
and shall pay any and all attorney's fees or costs incurred by the
City in connection with any claims, suit or litigation.
F. Approval by adoption of resolution of Council.
(1) The special event shall be approved by adoption of a resolution of
Council, adopted not later than 45 days prior to the proposed commencement
date of the special event, unless written consent is provided to accept
a shorter timeframe by the Mayor if it is ultimately determined to
be in the best interests of the City, and upon a finding by the Mayor
or a majority of the members of Council that:
(a)
The requested dates and proposed location for the special event
are available;
(b)
The applicant, after considering its profit, nonprofit and/or
charitable status and its ability to conduct a special event of the
size and scope applied for, is deemed to be a qualified sponsor;
(c)
The special event will not overtax the City's ability to supply
municipal services throughout the duration of the proposed special
event; and
(d)
It will not be a substantial detriment to the best interests
of the City of North Wildwood to approve the application.
(2) The resolution approving the special event may include conditions of approval. Such conditions of approval may include the suspension of the prohibition against the consumption, carrying or possession of alcoholic beverages in opened containers upon the streets, highways, sidewalks, public property and other public places that is set forth in Ordinance No. 361, as amended by Ordinance No. 794, and as codified at §
326-2 of the Code of the City of North Wildwood. Such suspension of the provisions of Ordinance No. 361, as amended by Ordinance No. 794, and as codified at §
326-2 of the Code of the City of North Wildwood, shall be confined to such geographical location(s) and during such hours as specifically are set forth in the resolution approving the special event. In the event that the provisions of Ordinance No. 361, as amended by Ordinance No. 794, and as codified in §
326-2 of the Code of the City of North Wildwood are suspended by Council in its approval of a special event, the North Wildwood Police Department and the North Wildwood Department of Public Works shall post signs before the commencement of the special event in conspicuous locations noting the hours where consumption, carrying and possession of alcoholic beverages in open containers is permitted and the geographical perimeter beyond which the consumption, carrying and possession of alcoholic beverages in opened containers is prohibited.
(a)
If the conditions of approval for a specific special event include
the suspension of the prohibition against the consumption, carrying
or possession of alcoholic beverages in opened containers in public
places, it shall be the responsibility of licensed entities wishing
to allow patrons to leave their licensed premises with opened containers
to place an identifying wristband on the patrons to ensure that said
patrons have been checked for proper identification.
[Added 12-19-2017 by Ord.
No. 1734]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person or association of persons violating any of the provisions
of this chapter, upon conviction thereof, shall be subject to a fine
of not more than $2,000, imprisonment for not more than 90 days, or
community service for not more than 90 days, or any combination thereof.
Each day the violation continues shall constitute a separate offense.
With respect to any violation which involves tampering with or causing
damage to municipal property, nothing in this section shall be deemed
or interpreted as precluding a prosecution pursuant to N.J.S.A. 2C:17-3
(criminal mischief) or any other statute or ordinance which may be
applicable to the operative facts.