[HISTORY: Adopted by the Board of Commissioners of the City
of Bordentown 6-9-2014 by Ord. No. 2014-06. Amendments noted
where applicable.]
The purpose of this chapter of the Code is to establish rules
and regulations for the use and permitting of Old City Hall.
In addition to adhering to the rules identified in § 155-3, Prohibited acts, for all City facility usage, the following rules and regulations will be strictly adhered to and the permit holder shall be responsible for all persons utilizing the building of the issued permit.
A.Â
The applicant's use of one part of Old City Hall shall not interfere
with the use of any another part of the building by a different applicant.
B.Â
Unless specifically permitted, alcoholic beverages of any kind are
strictly prohibited anywhere in Old City Hall and the surrounding
City property. To serve alcohol, a permittee must receive prior approval
from the governing body. A permittee must present proof of an appropriate
permit from the State Division of Alcoholic Beverage Control, or proof
of a waiver, and private liquor liability insurance naming the City
of Bordentown as an additional insured within two weeks of submitting
a permit application.
[Amended 5-8-2023 by Ord. No. 2023-06]
C.Â
Smoking or vaping within the Old City Hall building or within 50
feet of any entrance door is strictly prohibited. Smoking or vaping
shall only be permitted across the street from Old City Hall.
[Amended 5-8-2023 by Ord. No. 2023-06]
D.Â
No tacks, push pins, staples, paste, glue, scotch tape, nails, or
screws are to be used to post or hang any sign, placard, advertisement,
inscription or decoration, whether on the interior or exterior of
the building.
[Amended 5-8-2023 by Ord. No. 2023-06]
E.Â
Walls, ceilings, doors, railings, light fixtures etc., are not to
be used to hang or display any item, novelty, or decoration of any
kind. All decorations must be freestanding. Confetti, glitter, sparklers,
birdseed, rice, potpourri, incense, aromatics, silly string, and other
like materials are not permitted.
[Amended 5-8-2023 by Ord. No. 2023-06]
F.Â
No open flames will be used. This includes candles that are part
of centerpieces. (Sterno products may be used for maintaining heat
for cooked food products.)
G.Â
The use of any loudspeakers, public address systems or amplifiers
must be reasonable, and use must not disturb the surrounding neighborhood.
[Amended 5-8-2023 by Ord. No. 2023-06]
H.Â
The Old City Hall is not available for children's parties or activities,
religious worship purposes, trade shows, adult entertainment including,
but not limited to, gambling.
I.Â
Old City Hall is equipped with a handicap lift, which may be used
by guests.
[Amended 5-8-2023 by Ord. No. 2023-06]
J.Â
With the
exception of service dogs, pets and other animals are not permitted
inside Old City Hall.
[Added 5-8-2023 by Ord. No. 2023-06]
K.Â
Children
under the age of 18 must be accompanied by an adult at Old City Hall.
[Added 5-8-2023 by Ord. No. 2023-06]
A.Â
The building shall remain locked when not in use by a properly permitted
individual or organization.
B.Â
The building doors will be unlocked and locked by a City official,
except for long-term rentals, in accordance with the usage times specified
in the permit and in no case outside the hours of availability identified
in this chapter. An employee of the City’s Public Works Department
shall be listed as the contact during usage times. This point of contact
shall be responsible for necessary goods and utilities, such as bathroom
supplies or air conditioning and heating concerns.
[Amended 5-8-2023 by Ord. No. 2023-06]
C.Â
Once opened, the permit holder shall be responsible for the acts
and omissions of all individuals utilizing the building under the
permit.
D.Â
The permit holder shall contact the City Police Department if an
individual not associated with the permit enters the building and
remains after being informed by the permit holder to leave.
E.Â
The City of Bordentown will not be liable for loss or damage to any
personal property brought on to City property. Any property found
after the permit period shall be considered garbage and disposed of
accordingly.
[Amended 5-8-2023 by Ord. No. 2023-06]
F.Â
The applicant may request an inspection of the rental site prior
to the event.
G.Â
Applicant will be responsible for any damage to the building, equipment
or property.
H.Â
No one shall mark, deface, disfigure, injure, tamper with or displace
or remove any City property.
I.Â
A permittee
shall be provided a list of emergency contacts from the City. The
Wi-Fi network and password shall also be provided to the permittee.
[Added 5-8-2023 by Ord. No. 2023-06]
A.Â
Old City Hall shall be available for permitting Monday through Saturday
from 8:00 a.m. to 11:00 p.m., unless prior written approval is obtained.
On Sundays, Old City Hall shall be available from 12:00 noon to 9:00
p.m.
[Amended 5-8-2023 by Ord. No. 2023-06]
B.Â
The times in Subsection A may be extended by a vote of the majority of the City Commissioner for unique events that benefit the City as a whole. The presumption shall be against expanding the hours listed because of the drain on municipal resources and manpower.
C.Â
The times in Subsection A may be reduced by the City from time to time for building maintenance, inclement weather or other good cause at the discretion of the Commissioners.
D.Â
For rentals, as defined under this chapter, the permit period begins
from the time someone (you or a caterer) enters the building to setup
until the time the last person leaves.
[Amended 5-8-2023 by Ord. No. 2023-06]
E.Â
For an
event as defined under this chapter, a permittee may access Old City
Hall no earlier than four hours prior to the event. With express consent,
a permittee may access Old City Hall the calendar days immediately
before and after the event, as long as no other function is taking
place.
[Added 5-8-2023 by Ord. No. 2023-06]
A.Â
The City shall create an official application for the issuance of
permits to use Old City Hall which may be updated and amended from
time to time to comply with this chapter, federal, state and local
laws and regulations.
B.Â
Rental of all or part of the building includes the use of tables
and chairs. All setup and breakdown of tables and chairs shall be
the responsibility of the permittee. Tables and chairs must be returned
to the storage room after use.
[Amended 5-8-2023 by Ord. No. 2023-06]
C.Â
An application shall be submitted for use of Old City Hall at least
30 days prior to the date requested. The applicant shall use the application
prepared by the City.
[Amended 5-8-2023 by Ord. No. 2023-06]
D.Â
Applications shall be for three categories of permits: rentals, long-term
rentals, and events.
[Amended 5-8-2023 by Ord. No. 2023-06]
(1)Â
Rentals
shall begin and end on the same calendar day. Rentals shall be for
four- or eight-hour periods. Rental of the second floor shall include
the use of the galley kitchen.
(2)Â
Long-term
rentals shall consist of multiple calendar days. Long-term rentals
may be for nonconsecutive days to allow for other events at Old City
Hall. A permittee may be provided a key for access to Old City Hall
during the long-term rental period.
(3)Â
Events
shall begin and end on the same calendar day and involve planning
or assistance from an Old City Hall volunteer or the City’s
Public Works Department. Events shall have access to catering.
E.Â
Once submitted, the application shall be reviewed by the City Clerk
and Chief of Police. The City Clerk shall forward a copy to the Old
City Hall Advisory Committee for approval. The City Clerk and Chief
of Police shall consider the advice of the Old City Hall Committee
and make recommendation to approve or deny the application that shall
be made to the Board of Commissioners for final approval or denial.
The City shall not unreasonably deny a permit but may deny a permit
where, in the Commissioner's sole discretion, they believe that the
application has the potential to damage the building, will interfere
with other simultaneous uses of the building, or the proposed permit
is inconsistent with the provisions of this chapter.
[Amended 5-8-2023 by Ord. No. 2023-06]
F.Â
The security
deposit shall be payable once the applicant receives approval. For
a permit exceeding one calendar day, 50% of the permit fee shall be
due with the security deposit. Remaining balances of fees for all
permits shall be payable at least three days prior to the permit period.
[Added 5-8-2023 by Ord. No. 2023-06]
G.Â
No refunds
shall be issued once fees are received by the City, except in case
of emergency. An emergency constituting a refund shall be appropriate
if Old City Hall is rendered unfit for occupancy prior to the date
of your permit. The City will return 100% of fees paid without any
further liability or obligation by Old City Hall. Old City Hall may
cancel your permit for any reason by written notice no less than 30
days prior to a permit period, in which case Old City Hall shall return
100% of the fee. Old City Hall shall be relieved of further obligation
and/or liability.
[Added 5-8-2023 by Ord. No. 2023-06]
[Amended 5-8-2023 by Ord. No. 2023-06]
A.Â
The permittee shall be responsible for the general housekeeping maintenance
of the building by ensuring that the rooms utilized are returned to
their original condition at the end of the permitted time. General
housekeeping shall include, but is not limited to, garbage removal.
All garbage and food waste must be bagged and placed in the designated
area at the end of a rental or event. All garbage and food waste for
a long-term rental must be bagged and placed outside in the designated
garbage receptacle each day Old City Hall is used. All items found
in Old City Hall after the permit period shall be considered garbage
and disposed of accordingly.
B.Â
Any permittee that fails to maintain the building as required will
be subject to the revocation of the existing permit and denial of
future permits for himself or the organization he represents.
C.Â
Any permittee that fails to maintain the building shall be subject to forfeiture of its security deposit as defined in § 156-7. The City maintains full discretion to impose an additional cleaning fee or forfeiture of a permittee’s security deposit.
D.Â
If Old
City Hall shall need additional cleaning after the permit expires,
the security deposit may be withheld or an additional cleaning fee
may be charged. Forfeiture of the security deposit or imposition of
an additional cleaning fee shall be within the full discretion of
City officials.
A.Â
The fees for permits shall be as follows:
[Amended 5-8-2023 by Ord. No. 2023-06]
(1)Â
Class 1: Nonresident individual or a for-profit organization/corporation.
Fees
|
Small Meeting Room
|
Large Meeting Room
|
Old City Hall Building
|
---|---|---|---|
Rental: 4 hours
|
$175
|
$275
|
$500
|
Rental: 8 hours
|
$350
|
$550
|
$900
|
Long-term rental
|
$400
|
$1,000
| |
Event
|
(2)Â
Class 2: City resident individual or City nonprofit/service organization.
Fees
|
Small Meeting Room
|
Large Meeting Room
|
Old City Hall Building
|
---|---|---|---|
Rental: 4 hours
|
$150
|
$250
|
$450
|
Rental: 8 hours
|
$300
|
$500
|
$800
|
Long-term rental
| |||
Event
|
(3)Â
An hourly fee assessment after the initial four- or eight-hour permit
periods shall be $50.
(4)Â
An additional cleaning fee imposed at the discretion of the City
shall be $200. A deep cleaning fee will be imposed for rentals and
shall be a range of $250 to $400 and based upon the number of and
size of rooms needing deep cleaning and/or repairs, painting, etc.
Deep cleaning fees shall be included in long-term rentals and events.
(5)Â
Security deposits for rentals shall be $200. Security deposits for
long-term rentals and events shall be $500.
(6)Â
Bordentown City local government, City committees or commissions
are exempt from permit and security deposit fees.
(7)Â
Notwithstanding the fee schedule established herein for routine rentals
for use of Old City Hall by private residents or businesses, the City
and/or the Old City Hall Restoration Committee may, in their discretion,
establish unique events or series as seasonal fundraising opportunities.
In doing so, a fee arrangement other than the established fee schedule
may be established. For example, and not as a means of limitation,
if the OCH Committee establishes a seasonal music program with a private
vendor, the fee can be negotiated as a percentage of the ticket price
rather than a flat fee for each use. The City and the OCH Committee
shall use their best judgment and flexibility in establishing such
events, series or programs, with the anticipation that such events
are conducted with the long-term preservation, restoration and maintenance
of Old City Hall as the main objective.
B.Â
The City Commissioners may amend the permanent fee schedule or waive
a fee for a not-for-profit organization by resolution.
C.Â
The security deposit shall cover the cost of maintenance and repair
of any damage to the building. The permit holder shall be responsible
for all cost of damage greater than the security deposit.
D.Â
Provided there is no damage and no hourly overtime fees owing, the
security deposit will be refunded as approved at a Commission Meeting
following the date of the event.
A.Â
A certificate of insurance which names the City of Bordentown as
an additional insured is required for the following use classes in
the indicated amounts:
(1)Â
Class 1 and 2 (as defined in the fee section), organizations/corporations:
$1,000,000.
(2)Â
Class 1, nonresident individual nonbusiness use: liability limit
of homeowners' policy.
[Amended 5-8-2023 by Ord. No. 2023-06]
(3)Â
Class 2, City resident individual nonbusiness use: liability limit
of homeowners' policy.
[Amended 5-8-2023 by Ord. No. 2023-06]
B.Â
The applicant(s) must sign a waiver in which they agree to waive
and relinquish all claims and cause of action of every kind which
they have or may have against the City arising out of the use of the
facility resulting in personal injury and/or their own property damage.
C.Â
The applicant(s) must sign an agreement indemnifying the City, including
reimbursement of all expenses, attorney's fees and costs, of any and
all liability of loss and against all claims or actions based upon
or arising out of damage or injury (including both) to persons or
property caused by or sustained in connection with the applicant's
use of the facility and the defense of any such claims or action whether
the liability loss or damage is caused by or arises out of negligence
of the City or any of its agents, employees or otherwise.
A.Â
In addition to the payment for any damage to the building, any individual
found in violation of this chapter, shall, upon conviction by a court
of competent jurisdiction, pay a fine not to exceed $2,000, be ordered
to perform up to 90 hours of community service or be incarcerated
for a term of up to 90 days or a combination thereof. Each and every
day of a violation shall be a unique and separate offense.
B.Â
This chapter may be enforced by a representative of the City Commissioners,
the City Clerk or any member of the City Police Department or other
law enforcement agent with jurisdiction.