[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.