[HISTORY: Adopted by the Board of Commissioners of the City
of Ventnor City as indicated in article histories. Amendments noted
where applicable.]
[Adopted 5-3-1990 by Ord.
No. 9007; amended in its entirety 4-16-2015 by Ord. No. 2015-16]
The Board of Commissioners in the City of Ventnor City hereinafter
authorizes the Board of Recreation to distribute and utilize a special
event permit for:
A.
Any non-City-sponsored exhibition, show, athletic contest, running
race, bike-a-thon, entertainment, or other similar event sponsored
by an organized group having a similar common purpose or goal, or
any event held by an individual, and occurring on or proceeding along
a public street, other public right-of-way, or public property, including
parks or beaches, within the City of Ventnor. A copy of said application
is attached to this article.[1]
[1]
Editor's Note: A copy of said application is on file in the
City Clerk's office.
B.
Any non-City-sponsored exhibition, show, athletic contest, running
race, bike-a-thon, entertainment, or other similar event sponsored
by an organized group having a similar common purpose or goal, or
any event held by an individual or individuals for a private purpose,
and occurring on private property such that it may impact on public
safety or City services.
C.
Any special event on City property sponsored by City government officials,
departments, agencies, boards and commissions; provided, however,
that unless otherwise directed by the Board of Recreation, such City
entities shall not be required to pay the fees and charges set forth
herein.
D.
Large events.
[Added 4-20-2017 by Ord.
No. 2017-08; amended 12-21-2017 by Ord. No. 2017-44; 9-13-2018 by Ord. No. 2018-32; 2-27-2020 by Ord. No. 2020-04]
(1)
Any event which is defined as a large event shall be reviewed by
the Mayor and Commissioners of the City of Ventnor who shall make
a decision concerning said large event by taking any of the following
actions:
(a)
Approving or denying the event;
(b)
Establishing conditions pursuant to which the event may be held;
(c)
All applicants will be required to have references checked and
may require a background check;
(d)
Referring the event to the Board of Recreation/Special Events
Committee to approve or deny the event.
(2)
A large event is defined as a non-City or City-sponsored event which
meets any of the following criteria:
(a)
Will primarily be held on the waterways surrounding the City
of Ventnor;
(b)
Is expected to have participants in a number greater than 100;
(c)
Is expected to have attendees in a number greater than 100;
(d)
Will cause street closures or traffic detours that cannot be
addressed through the standard block party/street closure application.
(3)
A special event permit must be obtained for any large special event,
whether or not the same will be held on City property or private property.
The head of the Recreation Department and the Special Events Coordinator
shall make the initial determination as to whether any event is considered
a large event which must be reviewed by the Mayor and Commissioners.
(4)
Fees.
(a)
All applicants shall be charged the rates for any events held
on public land or facilities that are contained on the Green Acres
Recreation and Open Space Inventory or that have been funded with
State of New Jersey Green Acres funding.
(b)
A request to waive application fees can be requested on a case-by-case
basis and will need to be approved by the Commissioners or Mayor.
A.
The special events application must be filled out and received by
the Director of Recreation of the City of Ventnor at least 60 days
prior to the date upon which the event is proposed to commence. The
application shall be disseminated to and reviewed by the Board of
Recreation, Chief of Police, Chief of the Fire Department, Director
Code Enforcement, Director of Public Works, and Emergency Management
Coordinator, or his/her designee. The review period for the aforementioned
individuals shall be 15 days. At the meeting of the Board of Recreation
immediately subsequent to the expiration of the fifteen-day review
period, the Board of Recreation shall vote on the permit, based upon
the recommendations of the aforementioned individuals. The Board of
Recreation may waive the minimum sixty-day filing period and accept
an application filed no less than 30 days before the event, if, after
due consideration of the date, time, place and nature of the special
event, the anticipated number of participants, the City services required
in connection with the event, and consultation with the Chief of Police,
said Board determines that the waiver will not present a hazard to
public safety. All applications are subject to approval as to feasibility
by City departments when deemed necessary.
(1)
In addition to the health, safety, and welfare of the public, the
standards for the issuance of a permit shall include, but not be limited
to:
(a)
The time, size and location of the special event will not disrupt,
to an unreasonable extent, the movement of traffic throughout the
City.
(b)
Whether the special event is of a size or nature that would
require the diversion of so great a number of police officers of the
City that reasonable police protection would be denied to the City.
(c)
The special event will not interfere with another event for
which a special event permit has already been issued.
(d)
The conduct of the special event is not reasonably likely to
cause injury to persons or property, to provoke disorderly conduct,
or create a disturbance.
(e)
The conduct of the special event, or its location, will not
interfere with the movement and response of firefighters and their
equipment, police or ambulance services.
(f)
The time, size and location of the special event will not cause
undue hardship to adjacent residences or businesses.
B.
The application for a special event shall set forth the following
information:
(1)
The name, address, and telephone number of the individual, organization
or entity seeking to conduct such special event.
(2)
The names, addresses and telephone numbers of the organization for
which the special event is to be conducted, if any, and the authorized
and responsible heads of the organization.
(3)
If the purpose of the event includes fund-raising for any charity
or nonprofit purpose, the name of the charity or nonprofit organization,
as well as a disclosure as to the percentage or amounts or proceeds
to be raised from the special event to be donated to the charity after
costs are deducted.
(4)
A statement as to whether any admission or participation fee will
be charged for the event and the amount thereof.
(5)
The type of special event, including a description of activities
planned during the event.
(6)
The requested date and location of the special event.
(7)
The hours when such special event will start and terminate.
(8)
The estimated number of persons who will attend the special event.
(9)
A statement as to whether the special event will occupy any portion
of thoroughfare.
(10)
A statement as to whether any music or amplified sound will
be provided, including the location and types of all loudspeakers
and amplifying devices to be used as well as a concise statement of
the type of communication that will be amplified.
(11)
A designation of any public facilities or equipment to be utilized.
(12)
The type, size, description, and location of any signs to be
erected in connection with the event.
(13)
If buses are required to transfer passengers to the site of
the permit area or if trucks are required for delivery to the site,
written application, including license number, make and year of vehicle,
must be submitted with said application.
(14)
Portable toilets must be provided by the permittee. The application
shall include copies of contracts for these services. If the event
takes place within regular business hours, an on-site City employee
attendee must be provided by the applicant to supervise public rest
rooms at a rate to be charged in accordance with the current schedule
of the Board of Recreation Commissioners.
A.
All activities relating to permits granted under this article must
be contained within the limits specified in the application for the
special event.
B.
Any permit, including those for a one-day event, may include authority
for a rain date if needed.
C.
A permit, if granted, is not transferable and is authorized solely
as to the applicant for the event said application concerns.
D.
Vehicle permits for street parking must be obtained from the office
of the Chief of Police.
E.
All persons who are granted permits must provide their own supervision
and persons to clean up after the event.
F.
A meeting may be required with the Board of Recreation Commission
prior to the issuance of the permit.
G.
To obtain permission to use a building, a permit must be obtained
from the Ventnor City Board of Commissioners.
H.
If police security is required or determined to be necessary by the
Chief of Police of the City of Ventnor, the applicant shall be required
to pay for said police and security.
I.
If it is determined by the Board of Recreation that additional materials
or personnel costs shall be required for the purpose of maintaining
the general health, safety and welfare of attendees or participants
in the special event or the community in general, the City reserves
the right to require reimbursement of such costs. In addition, the
City shall be entitled to reimbursement for actual costs for personnel,
goods, equipment and/or services. If reimbursement is required, the
permittee shall deposit with the City Clerk a sum of money to be determined
by the Board of Recreation to be a reasonable estimate of the costs
required. The City Clerk shall advise the applicant, in advance and
in writing, as to when the deposit is required. Any balance due shall
be provided within 30 days of receipt of the bill. A refund will be
provided upon verification of overpayment for staff, goods, equipment
and/or services.
J.
Any and all beach parties shall comply with the requirements of this section, as well as the rules and regulations as established by resolution dealing with beach parties pursuant to § 72-6Q of this Code.
K.
For any and all events where alcohol is to be served or dispensed,
the applicant must obtain appropriate approvals and permits from the
New Jersey Division of Alcoholic Beverage Control. No glass containers
of any kind are permitted.
L.
For any and all events where food is to be prepared, served or dispensed,
the applicant must obtain appropriate approvals and permits from the
Atlantic County Board of Health. No open fires of any kind are permitted.
M.
If tents are required or amusements are being used, they shall be
inspected by the appropriate local, state and federal agencies.
N.
Any authorized signs in connection with a properly approved special
event shall be erected no earlier than two weeks prior to the event
and removed within 24 hours of the conclusion of the event.
A.
The City of Ventnor City shall require, as a condition of the issuance
of a permit, and the organizer shall furnish evidence of a public
liability insurance policy in an amount not less than $1,000,000 combined
single limit, per occurrence and in the aggregate, covering personal
injury and property damage, issued by an insurance company authorized
to do business in the State of New Jersey. The insurance policy shall
be endorsed to the City of Ventnor City, with the City, its elected
and appointed boards, officers, agents, and employees named as additional
insured, and shall provide that any other insurance maintained by
the City shall be in excess of and not contributing with the insurance
coverage provided to the City under the organizer's policy.
B.
The organizer shall also be required to sign an indemnity agreement
in a form approved by the Ventnor City Solicitor which shall expressly
provide that the organizer agrees to defend, protect, indemnify and
hold harmless the City, its officers, employees and agents from and
against any and all claims, damages, expenses, loss or liability of
any kind or nature whatsoever arising out of, or resulting from, the
alleged acts or omissions of the organizer, participants, its officers,
agents or employees in connection with the permitted event or activity;
and the permit shall expressly provide that the organizer shall, at
organizer's own cost, risk and expense, defend any and all claims
or legal actions that may be commenced or filed against the City,
its officers, agents, participants or employees, and that the organizer
shall pay any settlement entered into and shall satisfy any judgment
that may be rendered against the City, its officers, agents or employees
as a result of the alleged acts or omissions of the organizer or organizer's
officers, agents, participants or employees in connection with the
uses, events or activities under the permit.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person violating any of the provisions of this article shall,
upon conviction thereof in the Municipal Court of Ventnor City, be
punished by a fine not to exceed $1,000 or by a term not exceeding
90 days in the county jail, or both. In addition to or as a substitute
for the previously mentioned fine, the imposition of community service
shall be authorized as an additional penalty, which community service
shall not exceed 90 days.
