[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.
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.
B.
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:
(1)
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:
(a)
The name and address of the applicant.
(b)
The name and address of the person, persons, corporation or
association sponsoring the activity, if any.
(c)
The day and the hours for which the permit is desired.
(d)
The portion of park, recreation area, or other public property
for which such permit is desired.
(e)
A reliable estimate of the anticipated attendance.
(f)
The type of activity for which such permit is desired.
(g)
The anticipated age group of the expected participants.
(h)
The names and addresses of the adult persons who would supervise
and be responsible for the proposed activity.
(i)
Such other information as may be reasonably required.
(2)
A permit shall be issued by the Borough Council upon making the following
findings:
(a)
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.
(b)
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.
(c)
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.
(d)
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
A.
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.
B.
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.
C.
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.
