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Borough of Bernardsville, NJ
Somerset County
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Table of Contents
Table of Contents
[Ord. No. 2005-1411 § 1]
No display or exhibit by any person or entity shall be permitted on property owned by the Borough except as hereinafter permitted.
[Ord. No. 2005-1411 § 1]
The following displays and exhibits shall be permitted on Borough property:
a. 
Displays and exhibits at a public exhibition when specifically authorized by a permit issued pursuant to Section 4-10 of the Borough Code.
b. 
Displays and exhibits at a special event when specifically authorized by a permit issued pursuant to Section 4-12 of the Borough Code.
[Ord. No. 2005-1411 § 1]
Holiday displays shall be permitted during the period from the Saturday before Thanksgiving to the first Saturday following New Year's Day or for other holidays for periods not exceeding five weeks as follows:
a. 
Olcott Square. A nonreligious display consisting only of trees, flowers and white lights or other simple decorations shall be permitted in Olcott Square. The governing body, in its discretion, may designate a civic group to decorate Olcott Square for the holidays and throughout the year.
b. 
Borough Pond. The Borough Council may authorize not more than 10 organizations or individuals to place holiday displays in designated areas at the Borough Pond. Applications to place holiday displays at the Borough Pond shall be accepted by the Clerk until October 31st of each year. If more than 10 applications have been received by that date, display areas shall be assigned by lottery. Authorizations are for that year only and new applications must be filed every year. If any such display includes religious symbols, such as a creche or a Menorah, it shall also include nonreligious holiday symbols such as snowflakes, candy canes, Frosty the Snowman figures, or Kwanzaa symbols. If the various displays, when viewed in their totality, appear to advance, endorse or disapprove of religion, the governing body may require the displayers to add nonreligious symbols to their displays so as to bring the displays collectively into compliance with constitutional requirements. If the governing body, in its sole discretion, determines that the displays violate the First Amendment, it may order the removal of all the displays.
[Ord. No. 2005-1411 § 1]
All displays on public property shall be subject to the following additional regulations:
a. 
Permittees shall provide their own electricity, which must comply with all relevant electrical codes.
b. 
At the conclusion of the permit term, all displays must be removed from Borough property by the permittee. Each permittee shall be responsible for removing all trash and debris from the display area and shall restore that area to the condition it was in prior to their display.
c. 
Each permittee shall provide the Borough with proof of insurance and a hold harmless and indemnity agreement acceptable to the Borough Attorney and the Borough Risk Manager.
[Ord. No. 2005-1411 § 1]
Neither Olcott Square nor the Borough Pond shall be considered a public forum area.
[Ord. No. 2005-1411 § 1]
Any person violating any provision of this section shall be liable upon conviction to a fine of not more than the amount specified in Chapter 1, Section 1-5, or by a period of community service not exceeding 90 days for each offense. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.