Borough of Stone Harbor, NJ Chapter 121 Performances, Public

[HISTORY: Adopted by the Borough Council of the Borough of Stone Harbor 5-17-2011 by Ord. No. 1378. Amendments noted where applicable.]

GENERAL REFERENCES

Amusements; arcades — See Ch. 141.

Special events — See Ch. 275.

Licenses and permits — See Ch. 352.

Noise — See Ch. 374.

Parks, recreation areas and bird sanctuary — See Ch. 400.

§ 121-1 Public performers in the Central Business District and at Marine Bay Park.

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

PERFORMANCE

Any exhibition featuring vocal and/or instrumental music, juggling, mime, magic, dance, drama, puppetry, comedy, acrobatics, circus acts (without animals), and similar nonhazardous activity.

B. Permit required. All performers must complete an application and file same in the office of the Borough Clerk. The application must be filed no later than 14 days before the requested performance date(s). Permits issued by the Borough Clerk must be clearly visible at all times during the public performance.

C. Permit fee. The permit fee is $25 per permit.

D. Location of performances. Performances may take place within the Central Business District the area including 96th Street from the beach to the bridge, the 200 Block of 95th and 97th Streets, Second Avenue from the 99th Street to 94th Street and Third Avenue from 99th Street to 94th Street. Performances may also take place at Bay Marine Park, west of Third Avenue along the bayfront from 82nd Street to 80th Street. No other locations shall be permitted. Specific performance locations within these areas shall be set by the Tourism Director and shall be located in such a manner as to not interfere with pedestrian or vehicular traffic or with the quiet enjoyment of residential properties.

E. Hours and length of performances, number of performers, soliciting and all other rules and regulations shall be determined from time to time by resolution.

F. Amplified music. No amplified music may be used.

G. General regulations.

(1) Performers must adhere to all other federal, state and Borough laws and ordinances pertaining to public conduct.

(2) Performers shall be deemed to be familiar with Chapter 374, Noise, as amended, and shall comply with all provisions thereof.

(3) No profanity, nudity, inappropriate dress or language that would conflict with the family-oriented atmosphere of the Borough or obscenity shall be permitted.

H. Exemptions.

(1) The provisions of this section shall not apply to carolers during the month of December.

(2) Any performer or organization who holds a tax-exempt certificate issued by the Internal Revenue Service shall not be required to pay a permit fee and shall have the twenty-day permit application period waived.

(3) This section shall in no way limit the authority of the Borough Council to grant approval of public performances under Chapter 275, Special Events.

I. Violations. Any performer or performers violating any of the provision of this section, or any regulation as established by Council or any directive of the Tourism Director in the reasonable application of this section, shall have his or her permit revoked by the Tourism Director and shall be barred from obtaining a further permit without first appearing before the Mayor and Council for approval of such permit by resolution. This subsection shall not limit the application of other ordinances and/or laws upon any performer and shall not be construed as a preclusion of the application of other ordinances and/or laws.