[Added 4-5-2022 by Ord. No. 458-2022]
A. 
Any person, entity, or organization desiring to hold any event, including but not limited to a concert, race, walkathon, fair, carnival, festival, celebration, show, or other similar event in or upon any public grounds, park or road in the City must first apply for and obtain a permit from the City of Cape May Department of Civic Affairs/Recreation in accordance with the requirements of this chapter. Any such concert, race, walkathon, fair, carnival, festival, celebration, show, or other similar event, which is likely to require the expenditure of City resources in the form of the Police Department, Fire Department, Department of Public Works, Recreation Department and/or Emergency Medical Services salaries, wages, or other expense, shall constitute a special event.
B. 
This article is not intended to apply to small gatherings or assemblies on public property that do not substantially impact use or enjoyment by other members of the public, substantially impede, alter, or impact pedestrian or vehicular traffic, or otherwise require the expenditure of City resources set forth above.
C. 
This article shall not apply to convention hall events, or any event otherwise covered by another section of the City Code, including but not limited to Chapter 520 regarding weddings.
A. 
A person, entity, or organization seeking issuance of a permit hereunder shall file the application with the Department of Civic Affairs/Recreation on a form to be provided by the City for that purpose, on which form the applicant shall furnish the following information:
(1) 
The name, address and telephone number of the applicant.
(2) 
The name, address, and telephone number of the person, persons, corporation, or association sponsoring the activity.
(3) 
A description of the proposed event and a sketch that would show the area or route to be used, along with proposed structures, tents, fences, barricades, signs, banners, and restroom facilities, more commonly referred to as a "footprint."
(4) 
The date(s) and hours for which the permit is desired.
(5) 
The location of the event for which the permit is desired, and complete details as to how the applicant intends to provide for security and traffic control.
(6) 
Confirmation of tax exempt status, if applicable.
(7) 
The estimated number of contestants, participants, spectators, and/or other people that could reasonably be anticipated to attend the event.
(8) 
A detailed description of the City resources or services that will be required to be provided in connection with the event.
(9) 
Any other information which the City shall find reasonably necessary to a fair determination as to whether a permit should be issued hereunder.
B. 
Application must be submitted no later than 45 days prior to any such event. All information required by this section must be submitted in order for the application to be deemed complete for processing. Upon verification that the application is complete, the Department of Civic Affairs/Recreation shall refer the application to various department heads for preliminary review in accordance with this chapter.
[Amended 9-3-2025 by Ord. No. 575-2025]
A. 
The applicant shall pay a non-refundable application processing fee with each application as shown on Schedule A[1] (Chapter 310, Fees for Special Events and Permits for Use of Public Property). Schedule A may be amended by further Resolution of City Council.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
B. 
In addition to the fees imposed in Subsection A above, any application submitted less than 45 days prior to the scheduled event shall be subject to an additional nonrefundable $50 “rush” review and administration fee payable at the time of application submittal.
C. 
In all cases, and including “rush” review applications, the City shall be entitled to such time as reasonably necessary to review and issue a determination considering the timing, scope, and information provided for the application.
D. 
In the event that the proposed activity or event requires expenditure of additional City resources, including but not limited to Police Department, Fire Department, Department of Public Works, Recreation Department and/or Emergency Medical Services salaries, wages, or other expense, the applicant shall be responsible for all additional costs incurred and as shown on Schedule A (and as may be amended by Resolution of City Council). For example, special events may require extra-duty police officers pursuant to § 81-12 of the City Code to monitor and provide traffic direction, or other City personnel, and in such cases the costs of the same will be estimated by the City and provided in advance. A deposit of 100% of the estimated costs shall be paid not less than five days before the event.
The department heads applicable to each special event request shall review the applications and shall present their recommendations including estimated costs to Civic Affairs for final review within five business days upon their receipt. The Department of Civic Affairs/Recreation shall present a recommendation to the City Manager. In the event that any department voices concern that the event to be held requires additional investigation, he or she may direct that the application be referred back for additional information. The City Manager will make the determination regarding the final issuance of the permit. An applicant may appeal any denial of a special event permit by the City Manager to City Council. All or part of the required fees or conditions may be waived by City Council for good cause.
The standards for the issuance of a permit pursuant to this chapter shall include the following findings:
A. 
That the proposed event will not unreasonably interfere with or detract from the general public enjoyment of the public park or roadway to be utilized.
B. 
That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety, and recreation.
C. 
That the proposed activity or uses that are reasonably anticipated will not be likely to include violence, crime, or disorderly conduct.
D. 
That the facilities desired have not been reserved for other use at the date and hour requested in the application.
E. 
Payment of all fees applicable pursuant to § 310-51.
A. 
Liability. A permit holder shall be bound by all applicable City ordinances, rules, orders, and regulations. The person or persons to whom the permit is issued shall be liable for all 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.
B. 
Indemnification, hold harmless and insurance. The permittee will be required to submit a hold harmless agreement to the Department of Civic Affairs/Recreation prior to the event and evidence of liability insurance in an amount required by the City’s Municipal Joint Insurance Fund, naming the City as an additional insured.
C. 
Revocation. The City Manager and/or Chief of Police shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance or upon good cause shown.
A. 
A person commits a violation of this article if they:
(1) 
Commence or conduct a special event regulated by this chapter without a permit; or
(2) 
Fail to comply with any requirement or provision of an event permit of this chapter.
B. 
For the violation of any provision of this Article V, the maximum penalty, upon conviction of the violation, shall be the penalty stated in Chapter 1, Article III, Penalty; the minimum penalty, upon conviction of a violation of any provision of this Article V, shall be a fine of not less than $100. Each day that violation of any provision of this article exists shall be deemed a separate offense.
City Council may by majority vote waive the requirements of this chapter based upon a showing of good cause. All City-sponsored events shall be exempt from provisions of this chapter. The City of Cape May reserves its right to amend, terminate or repeal this chapter, and accordingly no property rights are granted to any person or entity by virtue of this chapter.