[HISTORY: Adopted by the Mayor and Council of the Borough of Mendham 4-9-2020 by Ord. No. 01-2020. Amendments noted where applicable.]
A special event is any event which is conducted, sponsored or permitted by any organized group of persons and which involves any advance publicity or advertising by or from said group.
Permits for parades or special events in parks, recreation areas, and other public property shall be obtained by application, in writing, to the Borough Council, in accordance with the following procedures:
The person or group of persons seeking issuance of such permit shall file an application, in writing, with the Clerk of the Borough of Mendham, stating:
The name and address of the applicant.
The name and address of the person, persons, corporation or association sponsoring the activity, if any.
The day and the hours for which the permit is desired.
The portion of park, recreation area, or other public property for which such permit is desired.
A reliable estimate of the anticipated attendance.
The type of activity for which such permit is desired.
The anticipated age group of the expected participants.
The names and addresses of the adult persons who would supervise and be responsible for the proposed activity.
Such other information as may be reasonably required.
A permit shall be issued by the Borough Council upon making the following findings:
That the proposed activity or use of the Borough property will not unreasonably interfere with or detract from the general public enjoyment of the park, recreation area, or other public property.
That the nature and character of the proposed activity or use of the park, recreation area, or other public property, is not reasonably anticipated to incite violence, crime or disorderly conduct.
That the proposed activity or use of the park, recreation area, or other public property, will not entail extraordinary or burdensome expense of police operation by the Borough.
That the park area, recreation area, or other public property desired has not been reserved for other use at the date and hour desired in the application.
Within 30 days after receipt of the application for a permit as provided for in Subsection B of this section, the Borough Council shall notify the applicant, in writing, of its decision.
The applicant for a permit shall have a right to a hearing thereon, provided that the applicant files a written request for such hearing simultaneously with the filing of the written application for a permit. The hearing shall be conducted by the Borough Council prior to its decision on any application upon proper request made therefor in accordance herewith. The applicant shall be notified of the date, hour and place of hearing, at which time he or she shall be offered an opportunity to be heard.
If a permit is refused in accordance with the standards and procedures set forth herein, the Council shall set forth, in writing, its reasons for the refusal of the permit. If the permit is granted, the Council may attach reasonable conditions to the issuance of such a permit, consistent with this chapter.
The Council may delegate its authority for the enforcement of this permit and the conditions relating thereto to the Chief of Police or any other responsible official. A violation of any condition of the permit shall be cause for immediate revocation of the permit by the Borough Council or by its duly authorized agent.
The requirements for obtaining a permit under this chapter shall not relieve any person or group of persons from obtaining such further permits or approvals as may be required now or in the future by reason of any state or federal law.
The Borough shall require a special permit applicant to provide a bond in a reasonable amount to ensure performance of the terms and conditions of the permit. The Borough's DPW Superintendent shall provide a bond estimate to the applicant based upon factors, including but not limited to the type of use, the extent of use, and the materials being used. In the alternative, the applicant may submit a deposit in cash or a certified check made payable to the Borough.
The applicant's money shall be refunded after deducting the cost of necessary expenses incurred by the Borough in restoring the area in question to the same condition as it was in, at the time the permit was issued, reasonable wear and tear excepted and after deducting the cost of compensating Borough employees for their services rendered at the event in question. In no event shall any bond or other deposit be held for longer than 30 days after the scheduled event.
This section shall in no way limit the Borough's ability to pursue the applicant for liabilities pursuant to this chapter, in excess of the amount of the posted bond or other deposit. The Chief of Police may, for good cause and utilizing the standards set forth in this chapter, at the request of the applicant, waive the requirement of a bond or other deposit. Such waiver shall be reviewed by the administration.
The person or persons to whom a permit is issued under this chapter shall be liable for any loss, damage or injury sustained by any person whatever by reason of the negligence of the person or persons to whom such permit shall have been issued.