[Ord. No. 551-08 § 1]
For the purposes of this Article:
Shall mean any non-Borough sponsored exhibition, show, athletic
contest, running race, bike-a-thon, beach gathering, entertainment
or other similar event sponsored by an organized group having a similar
or common purpose or goal; or any event held by an individual or individuals
for a private purpose, and occurring on or proceeding along a public
street, other public right-of-way, beach or public property within
the municipal boundaries of the Borough of Cape May Point.
Shall mean person, persons or organization conducting the
special event.
[Ord. No. 551-08 § 2]
An application for a permit to conduct a special event shall
be made to the Municipal Clerk of the Borough, in writing, by the
person, persons or organizations sponsoring said event. The application
shall provide the following information:
a.
The name, address, home, work and cell telephone numbers, e-mail,
fax number, and emergency phone number of the person requesting the
permit.
b.
The name, address, telephone number, e-mail, fax number of the organization
or group he is representing, if applicable.
c.
The name, address and home telephone number, e-mail, fax number of
the person or persons who will act as chairman of the special event
and be responsible for the conduct thereof.
d.
The specific purpose of the event.
e.
The estimated number of persons to participate in and attend the
event.
f.
The number and type of vehicles, if any, to participate.
g.
The method of notifying participants of the terms, rules, regulations
and conditions of the event.
h.
The date and time of the event, including any set-up or clean-up
period.
i.
The location where the event is to be held, including the specific
assembly and dispersal location and the specific route and plans for
assembly and dispersal of the participants.
j.
Whether or not any music or other amplified sound will be provided,
including the location and types of all loud speakers and amplifying
devices to be used.
k.
Whether any admission or participation fee will be charged for the
event and the amounts thereof.
l.
The attachment of any other required licenses or permits where appropriate.
m.
The type, size, description, and location of any signs to be erected
in connection with the event.
n.
Any further information that the Board of Commissioners may require
to be submitted by the applicant, with advance notification, to assist
with traffic control, crowd control and protection of the general
public health, safety and welfare.
[Ord. No. 551-08 § 3; Ord. No. 619-13]
The application for a special event permit shall be submitted to the Board of Commissioners through the Municipal Clerk. The Board of Commissioners, by resolution, shall authorize the issuance of any special event permit in accordance with this Article III, including such rules and regulations as may be adopted by formal resolution as permitted by Section 107-18 above. After full review, and ultimate approval of the application by the Board of Commissioners, and contingent upon compliance with any stipulated conditions, the Municipal Clerk shall be authorized to issue a permit for the special event. Approval or denial of such permit shall be made within 30 days of receipt of a complete application by the Borough. The permit may be approved with special conditions placed on the applicant, if warranted. The permit is contingent upon the possession of any other permits or licenses required by local, State or Federal laws and regulations. A copy of the approved permit, application, and all other required conditions shall be provided by the Municipal Clerk to the Board of Commissioners, Solicitor, Chief Financial Officer, Beach Patrol Captain (when applicable) and the Cape May City Police Department.
[Ord. No. 551-08 § 4]
Applications for such special event permits should be made to
the Borough of Cape May Point no less than 30 days in advance of the
date on which said special event is scheduled to be held.
[Ord. No. 551-08 § 5]
Any permit issued under this Article may contain conditions
reasonably calculated to reduce or minimize dangers to vehicular or
pedestrian traffic and the public health, safety and welfare, including
but not limited to changes in the date, time, duration or number of
participants or attendees as requested by the applicant. Further,
for the purposes of public safety and welfare, the appropriate Borough
Officials may require and order the temporary closing of streets and/or
the temporary prohibition of parking along such streets during the
event, and shall direct the posting of proper warning signs in connection
with said event, as provided by law.
[Ord. No. 551-08 § 6]
The user shall inspect the described facility(ies) prior to
the use of the facility(ies) and report defective, hazardous or dangerous
conditions, if any, to Borough representative named in the Use of
Facilities Agreement and user shall immediately cease the use of the
facility(ies) until such defective, hazardous or dangerous conditions
are remedied. After the use of the facility(ies), user shall immediately
report to the Borough any and all defects, hazards, damages or dangerous
conditions upon or adjacent to the facility(ies).
[Ord. No. 551-08 § 7]
a.
The user shall indemnify, save harmless and defend the Borough, its
elected and appointed officials, its employees, agents, volunteers
and others working on behalf of the Borough, from and against all
claims, losses, costs, attorney's fees, damages, or injury including
death, and/or property loss, expense claims or demands arising out
of user's use of the named facilities, including all suits or
actions of every kind or description brought against the Borough,
either individually or jointly with user for or on account of any
damage or injury to any person or persons or property, caused or occasioned
or alleged to have been caused by, or on account of, any of the activities
conducted by or caused to be conducted by user, or through any negligence
or alleged negligence in safeguarding the facilities, participants,
or members of the public, or through any act, omission or fault of
the user, its employees, agents, volunteers, subcontractors or others
under the direction, control or under any contractual relationship
with the user.
b.
Notwithstanding the indemnification and defense obligations of the
user, user shall provide at its own cost and expense proof of the
following insurance to the Borough: General Liability including Products
and Completed Operations Insurance with a minimum combined single
limit of liability per occurrence for bodily injury and property damage
of $1,000,000.00/$2,000,000.00. Borough shall be named as "Additional
Insured." Failure by the user to supply such written evidence of required
insurance and to maintain same for the duration of this agreement
shall result in default of Use of Facilities Agreement. The insurance
companies for the above coverage must be licensed in the State of
New Jersey and acceptable to the Borough. The user shall take no action
to cancel or materially change any of the insurance required under
this Agreement and the insurance shall cover the entire period of
the event including set-up and clean-up periods. The maintenance of
insurance under this section shall not relieve the user of any liability
greater than the limits or scope of the applicable insurance coverage.
[Ord. No. 551-08 § 8]
A special event permit shall be valid for the applicant thereof
only, and shall not be transferable to any other individual, corporation,
group or organization.
[Ord. No. 551-08 § 9; Ord. No. 556-08]
a.
All applications require a nonrefundable application fee of $50 and
a refundable "Cleaning and Damage Security Deposit of $250 in addition
to the application and certificate of insurance. The fifty ($50.00)
dollar processing fee will not be refunded.
The area of use shall be left in the same clean and undamaged
condition as it was found upon arrival at the facility.
b.
Special Events. If it is determined by the Board of Commissioners
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 Borough reserves the right to require reimbursement
of such costs. If reimbursement is required, the holder of the permit
shall deposit with the Municipal Clerk a sum of money to be determined
by the Borough to be a reasonable estimate of the costs required.
The Municipal Clerk shall advise the applicant, in advance and in
writing, as to when such deposit is required as determined by the
Board of Commissioners. Any balance due shall be provided within 30
days of receipt of the bill; likewise a refund will be provided upon
verification of overpayment for staff, goods, equipment and/or services.
The foregoing requirements, payments, reimbursements, etc., shall
be authorized by resolution of the Board of Commissioners.
[Ord. No. 551-08 § 11]
The Board of Commissioners reserve the right, by resolution,
to waive, expand, or constrict any section, provision, condition,
or clause in this Article with respect to the issuance or denial of
a special event permit for the purpose of preserving or enhancing
the public health, safety, and welfare and the decision of the Board
of Commissioners shall be deemed final both in law and in equity.
[Ord. No. 551-08 § 12]
