[Added 5-1-2019 by Ord. No. 1304]
As used in this article, the following terms shall have the meanings indicated:
SPECIAL EVENT
Any non-Borough-sponsored exhibition, show, athletic contest, running race, bike-a-thon, entertainment or other similar event sponsored by an organized group having a similar or common purpose or goal; or any event held by an individual or individuals for a private purpose, and occurring on or proceeding along a public street, or other public right-of-way, or public property within the Borough of Wildwood Crest.
No person shall engage in or carry on any special event in the Borough of Wildwood Crest without first obtaining a permit therefor pursuant to the provisions of this article.
An application for a permit to conduct a special event, together with a form of agreement, shall be made by the person, persons or organizations sponsoring the event to the Borough Clerk, in writing, on such application and agreement form as may be prescribed by the Borough Clerk, and shall include such information and documentation as may be deemed necessary and appropriate in order to make a determination as to the appropriateness of the issuance of a special event permit.
[Amended 3-9-2022 by Ord. No. 1375]
A. 
Applications for special event permits should be made to the Borough not less than 30 days in advance of the date on which the special event is scheduled to be held.
B. 
Application will be reviewed by the Municipal Clerk and such Borough officials as the Clerk deems appropriate.
C. 
The Borough Clerk shall authorize the issuance or denial of any special event permit if it is not in the best interest of the Borough, based upon, but not limited to following factors:
(1) 
Compliance with this and any other applicable ordinances, community standards, scheduling conflicts, special services required, and any further information or facts directly related to the special event.
(2) 
If there has been a violation of, or there is pending an unadjudicated violation of, this article, chapter, any ordinance of the Borough or any provision of any applicable statue or rule or regulation of the State of New Jersey.
(3) 
If the proposed activity or use will unreasonably interfere with, or detract from, the general public enjoyment of the event location.
(4) 
If the proposed activity and use will unreasonably interfere with, or detract from, the promotion of public health, welfare, safety of the community.
D. 
The permit shall not be issued until the payment of all fees, insurance requirements, and compliance with all terms and conditions of the application and license agreement if any, including compliance with any other permits or licenses required by local or state laws and regulations.
E. 
Appeal. In the event the Borough Clerk denies the issuance of a permit, revokes or suspends a permit, the applicant or permittee may appeal such determination to the Board of Commissioners. Such appeal shall be filed not later than 45 days following notification of the Borough's action. Such appeal shall be in writing, with the original filed with the Borough Clerk. Upon receipt of such appeal, the Borough Clerk shall schedule the appeal at the next available Commissioners' meeting. The Board of Commissioners shall make the final determination by resolution and may, in its discretion, accept, refject, or modify the findings and recommendations of the Borough Clerk based upon, but not limited to, the factors set forth in § 40-63C above.
A. 
If the application is approved by the Municipal Clerk, the agreement terms and conditions set forth in the application shall be binding upon the applicant, which terms and conditions shall include adequate insurance coverage requirements which in the opinion of the Borough are necessary to protect the interests of the Borough and naming the Borough as an additional insured and an agreement by the applicant to indemnify and hold harmless the Borough and the right of revocation of the permit for violation of any term or condition of this article or the permit as a prerequisite to the actual use of any Borough-owned property or facilities.
[Amended 3-9-2022 by Ord. No. 1375]
B. 
If the special event is a large or multiday event, or of a nature not suitable to terms and conditions contained in the permit application, the Borough may, at its discretion, require the applicant to execute a license agreement for the use of any Borough-owned property or facilities in a form required by the Borough, and to comply with all of the terms and conditions contained therein, which shall include, but not be limited to, adequate insurance coverage requirements which in the opinion of the Borough are necessary to protect the interests of the Borough and naming the Borough as an additional insured and an agreement by the applicant to indemnify and hold harmless the Borough and the right of revocation for violation of any term or condition of this article or the license agreement as a prerequisite to the actual use of any Borough-owned property or facilities.
C. 
If the applicant desires to use, display, or publish registered Borough trademarks/service marks, which use shall include advertising, print media, web site publication, digital and audio publication, or broadcast in connection with the special event, the applicant shall be required to execute a user license agreement in a form required by the Borough and to comply with all of the terms and conditions contained therein as a prerequisite to the actual use of any Borough-owned trademark/service mark, image, likeness, and name or illustration drawing.
[Amended 3-9-2022 by Ord. No. 1375]
Any permit issued under this article may contain conditions reasonably calculated to reduce or minimize dangers or inconvenience to vehicular or pedestrian traffic and the public health, safety and welfare.
[Added 5-11-2022 by Ord. No. 1382]
The applicant may advertise the special event with temporary signage posted on Borough property. The applicant shall provide a description or rendering of the proposed signage, nature of the advertisement, its size, proposed locations and any other such information the Borough Clerk may require, together with the application for review and approval by the Borough Clerk. Such signage and locations shall be subject to the Borough's discretion. No such signage shall be posted prior to the date as may be set forth in the special event permit and all such signage shall be removed within 48 hours after the special event.
[Amended 3-9-2022 by Ord. No. 1375]
The following application fees and event fees are imposed for the purpose of regulating the special event in the interest of public health and welfare shall be aggregated and payable to the Borough:
A. 
Application and event fees:
(1) 
A nonrefundable application fee of $50 shall be submitted with each application to the Borough.
(2) 
Small event (less than 100 participants): $50.
(3) 
Medium event (100 to 500 participants): $150.
(4) 
Large event (500+ participants): $250.
(5) 
Use of park, beach area, or other facility (per day for second and subsequent days): $100.
B. 
Bona fide nonprofit events, including, but not limited to, charitable organizations, religious, political, community events. fundraisers, and memorial services, are exempt from additional fees.
C. 
If additional materials or personnel costs directly related to the special event shall be incurred by the Borough for the purpose of maintaining the general health, safety and welfare of the public, attendees or participants in the special event, the Borough reserves the right to require reimbursement of such costs. If reimbursement is required, the permittee shall deposit with the Borough Clerk a sum of money equal the estimated costs to be incurred by the Borough. The deposit shall be determined by the Borough Clerk at the time of the approval of the application. Any refund will be provided upon verification of overpayment which shall be authorized by resolution of the Board of Commissioners. Additional fees may be charged for extended park or roadway closings where public is excluded.
The Borough reserves the right to waive, expand, or constrict any section, provision, conditions, fee, or clause in this article with respect to the issuance or denial of a special event permit for the purpose of preserving or enhancing the public health, safety, and welfare.
A special event permit shall be valid for the applicant thereof only, and shall not be transferable to any other individual, corporation, group or organization.
For the violation of any provision of this article the maximum penalty, upon conviction of the violation, shall be a fine not exceeding $2,000 or imprisonment for a period not exceeding 90 days, or both. Each day that a violation of any provision of this article exists shall be deemed a separate offense.