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.
[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.