Borough of West Cape May, NJ
Cape May County
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[Ord. No. 213-93 § 1]
The use of the Borough Hall and other municipal facilities by persons, organizations or entities for other than municipal business results in costs to the municipality and needs to be regulated in order to cover such costs as well as ensure that such facilities are utilized properly and in a manner consistent with the proper use of public facilities. The use of the Borough Hall and other such facilities for charitable and other such similar purposes is generally a use that is of benefit to the Borough but that such use must be regulated so as to cover the Borough's costs and to ensure proper use of the Borough Hall and other municipal facilities.
[Ord. No. 415-08 § 2; Ord. No. 448-10 § 1]
a. 
PUBLIC FACILITIES - Shall mean and include West Cape Borough Hall; West Cape May Volunteer Fire Company Fire Hall; the Backyard Park; Wibraham Park, and any other real property or acquired by the Borough of West Cape May, and held in the name of the Borough.
b. 
SPECIAL EVENT - Shall mean any non-borough sponsored event that requires access to or enters upon public land of the Borough or requires or results in the utilization of the services of Borough personnel.
Examples include, but are not limited to a 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.
A special event shall not include meetings held on a regular basis, or a series of classes of instruction limited to participants, even though Borough property is used. Use for these purposes is limited to the Fire Hall and Borough Hall and shall be governed by separate agreement between the West Cape May Volunteer Fire Company, the Board of Commissioners, and the organization or individual seeking the use of the Fire Hall or Borough Hall. All such regularly scheduled events shall nevertheless apply for and obtain a permit, and shall comply with the requirements of subsection 9-1.6 of this section.
c. 
Application for Use of Facilities shall mean a printed form, available at the Borough Clerk's office, to be filled out on behalf of the event by the organizer or event representative and submitted to the Board of Commissioner through the Borough Clerk.
d. 
Use of Facilities Agreement shall mean a contract to be executed by the event organizer and the Borough, a copy of which is to be provided as an attachment to the application for use of facilities, for informational purposes only. The contract shall include a Schedule of Insurance requirements and an Indemnification and Hold Harmless Agreement.
[Ord. No. 913-93 § 3; Ord. No. 415-08 § 3; Ord. No. 448-10 § 2; Ord. No. 475-12]
a. 
All special events require a permit.
b. 
An Application for Use of Facilities must be completed and filed with the Borough Clerk at least 45 days before the date chosen for the event.
c. 
Upon receipt of a completed Application, the Borough Clerk shall submit it to the Board of Commissioners for review.
d. 
Within 20 days of its receipt of the application the Board of Commissioners, by resolution, shall authorize a special events permit in accordance with this and other ordinances, community standards, scheduling conflicts, special services required, and any further information or facts directly related to the event, and any and all stipulated conditions shall be set forth in the Use of Facilities Agreement, which shall be executed by the Borough and the event organizer and attached to the permit.
e. 
The Borough Clerk shall issue the permit upon receipt of the resolution and executed copy of the Use of Facilities Agreement and all necessary attachments including a copy of the Declarations page and/or a valid Certificate of Insurance meeting the Borough's insurance requirements. A copy of the application, permit, and agreement and attachments shall be provided by the Borough Clerk to the Board of Commissioners, solicitor, Chief Financial Officer, and Chief of Police.
f. 
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.
g. 
Because of special concern regarding the use of Wilbraham Park and the need to protect it from overuse, no special event permit will be issued for the use of Wilbraham Park. Public use of Wilbraham Park shall continue to be subject to the separate provisions of Borough of West Cape May Code Chapter 9, Section 9-2.
h. 
Because of the special circumstances under which public use of the Borough Fire Hall is administered by the West Cape May Volunteer Fire Company, use of the Fire Hall will not be subject to the requirements of this subsection, but instead will be governed by the protocol attached to this subsection and incorporated herein.[1]
[1]
Protocol for Banquet Facility Application is included as an attachment to this chapter.
[Ord. No. 213-93 § 4; Ord. No. 415-08 § 4; Ord. No. 448-10 § 3]
a. 
Each application for a special event permit shall be accompanied by a nonrefundable fee in accordance with a fee schedule which shall be adopted and revised periodically by the Board of Commissioner by resolution. Such fee schedule shall be designed so as to compensate the Borough for its out of pocket costs for utilities, labor, trash removal and other tangible costs incurred with the requested use.
b. 
The application fee may, in certain circumstance, be waived by the Board of Commissioners, where they determine their sole discretion, that the requested activity is of such benefit to the residents of the municipality or that the requested use will be of such minimal cost that a fee is not required. Such discretion shall be exercised sparingly and only whether the need for such waiver is obvious.
c. 
Upon review of the application, the Board of Commissioners may seek reimbursement for additional materials for personnel costs required for maintaining the general health, safety and welfare of attendees or participants in the special event, or the community at large. The amount to be deposited for such costs shall be set forth in the resolution and the Use of Facilities Agreement. Any balance due beyond the deposit shall be paid by the event organizer within 30 days of receipt of a bill from the Borough, and a refund will be paid by the Borough upon written request from the event organizer and verification that the amount on deposit was an overpayment.
[1]
Editor's Note: Former subsection 9-1.5, Submission of Application, previously codified herein and containing portions of Ordinance No. 213-93, was repealed in its entirety by Ordinance No. 415-08.
[Ord. No. 415-08 § 4; Ord. No. 448-10 § 4]
a. 
Where use of public facilities is requested for regular meetings, or any activity that would not be deemed a special event, an application by any person, organization or entity desiring such use, shall make a prior application therefore by submitting an application form to the Borough Clerk. Such application form shall be in a manner approved by the Borough Solicitor and shall contain, at a minimum:
1. 
Name and address of person, organization or entity.
2. 
Identification of public facilities to be used.
3. 
Dates and times of intended use.
4. 
Detailed description of intended use.
5. 
Names and address of person to contact.
6. 
Description of insurance coverage including a copy of the declarations page of any liability policy and/or a valid Certificate of Insurance meeting the Borough's insurance requirements.
7. 
Agreement to indemnify and save the Borough and its officers and employees harmless from any and all liability that may arise out of the requested use of public facilities.
8. 
Agreement to reimburse the Borough for costs incurred in connection with the requested use, upon written request of the Borough.
9. 
Such other information as may be required in order for the Board of Commissioners to properly evaluate such request.
b. 
Each application for use of public facilities pursuant to this section shall be completed and submitted to the Borough Clerk at least five business days prior to the meeting of the Board of Commissioner at which approval is sought.
c. 
No application is required to be filed by the West Cape May Volunteer Fire Company for its used of the Fire Hall for regular meetings, and special meetings conducted by the Company solely for, or on behalf of its members.
[Ord. No. 415-08 § 5; Ord. No. 448-10 § 5]
a. 
The Board of Commissioners shall retain the discretion to waive any condition of this section as deemed appropriate under the circumstances.
b. 
To the extent required by the First Amendment and the relevant portions of the New Jersey Constitution, the provisions of this section shall not apply to protected expressive or associational activity.
[Ord. No. 415-08 § 6; Ord. No. 448-10 § 6]
This section may be enforced by any member of the Police Department for the Borough of West Cape May and/or by the Code Enforcement Official. Any person, organization or entity found guilty by the Municipal Court Judge of violating any provision of this section shall be fined not less than $100 for a first offense and not more than $2,000 for any offense and may be declared ineligible to obtain a Special Events Permit in the Borough of West Cape May for a period of time as ordered by the Court.
[Ord. No. 254-97 §§ 2—4]
a. 
Prohibition. Skateboarding, bicycling and rollerskating in Wilbraham Park are hereby prohibited at all times.
b. 
Signage. The Borough Shade Tree Commission is hereby authorized and directed to erect appropriate signs in Wilbraham Park stating that no skateboarding, bicycling or rollerskating is allowed in the park.
c. 
Violations and Penalties. Any person who violates the terms of this subsection shall be subject to a fine of $50 for a first offense and $100 for a second offense, and shall also be required to make restitution for any damage caused by the illegal skateboarding, bicycling or rollerskating.
[Ord. No. 258-98 §§ 2—8; Ord. No. 309-02 §§ 2—4; Ord. No. 362-06 §§ 2—4]
a. 
Use of Wilbraham Park for commercial or other similar events is limited to nonprofit organizations. The number of such events to be permitted each year will be determined by the Board of Commissioners after consultation with the Borough Shade Tree Commission, but in no event will the number of such events exceed eight per year.
b. 
The Borough may at its discretion reserve the park for use by organizations, such as the Lima Bean Festival, whose events have traditionally been held in the Park. Provided they satisfy the requirements of this subsection, other organizations will be permitted to use the Park on a first-come, first-served basis, although preference will be given to organizations, such as churches, whose membership is based in West Cape May.
c. 
The Shade Tree Commission shall administer the use of the Park by such organizations. It shall establish annual dates by which application for use of the Park shall be received, and take all other steps necessary to ensure that the purpose of this subsection is achieved. The Board of Commissioners of the Borough, upon recommendation of the Shade Tree Commission, shall by resolution annually determine the groups that shall use the Park, and the dates of such use.
d. 
Fees.
1. 
Organizations wishing to use the Park for commercial or similar events shall pay a fee of $500 to the Borough. The Borough Commission may waive this fee in appropriate instances.
2. 
Organizations wishing to use the Park shall also deposit $250 to ensure proper cleanup and trash disposal. This money shall be used by the Borough to clean up after the event should the organization fail to do so. It will be refunded to the organization once the organization has properly cleaned up and disposed of any trash generated by the event.
e. 
Each vendor shall be required to have a trash receptacle onsite and remove all trash in the area before leaving.
f. 
Each vendor/booth must have a trash receptacle onsite, and remove all trash and cartons around area before leaving. Failure to do so will result in organizing group's exclusion from next year's schedule. No items are to be hung from or nailed to trees, branches, etc.
g. 
Each group must provide proof of insurance, with supplement indicating Borough as an additional named insured on the policy, and that the policy should set forth the limits for liability at least equal to $500,000 per occurrence, and property damage at least $50,000.