[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.
[Added 4-26-2023 by Ord. No. 626-23]
a.
Purpose. Municipal offices, work areas, break rooms, storage areas,
and other such areas not open to the public, located in, or adjacent
to any municipally owned property, leased, or controlled by the Borough
of West Cape May shall be secured against public entry for the purpose
of protecting documents, digital data, and other written, copied or
printed materials, displayed on computer terminals or screens, that
are not subject to the Open Public Records Act, which materials may
include, but are not limited to, personally identifiable information
that is protected by the Statutes of the State of New Jersey and the
Federal laws of the United States; and to provide a productive, safe
and secure work environment in which Borough officials and employees
can perform their official duties and responsibilities unimpeded or
disturbed by intrusion or disruption.
b.
Restricted areas. While the general public may be permitted to access
Borough buildings during regular business hours, municipal office
areas, storage, and work stations have been secured and are closed
to the public for the purposes set forth in this section, including
protecting documents, digital data, and other written, copied or printed
materials that may contain confidential information that is protected
by the federal, State or local laws. These areas include, but are
not limited to, the following departments:
1.
Commissioner's Office.
2.
Clerk/Registrar Office.
3.
Finance Office/Tax office/Utility Office.
4.
Zoning Office/Code Enforcement Office.
5.
Employee Kitchen.
6.
Court Offices and Judge Chambers.
7.
Court Room/Multi-purpose Room.
8.
Caucus Room.
9.
Utility Closets.
10.
Storage Areas.
11.
Electrical Room.
12.
Public Works Department.
13.
Public Works Sheds and Storage Areas.
14.
Police Department (except for the main lobby area).
15.
Volunteer Fire Company (except for main lobby area).
c.
Conditions imposed on access to municipal facility. All persons entering
Borough owned property, buildings, structures, and facilities, shall
be subject to the following conditions upon entering or remaining
in any such property, building, structure or facility.
1.
All persons shall have access only to areas that are open to the
public and shall not proceed past any posted sign as provided for
herein and shall not enter before such time that the property, building,
structure, or facility has been opened to the public, or remain therein
after such property, building, structure, or facility has been closed
to the public.
2.
All persons entering Borough property, buildings, structures, and
facilities, shall comply with the directions of any Borough employee,
official, or agent to immediately leave any area that has been designated
as a restricted area, and to immediately relocate to the nearest public
area. Such directions, notwithstanding any posted signage, shall constitute
notice of violation of the conditions of entry imposed upon persons
of the public.
d.
Signage. The Borough shall be required to post the following signs.
1.
A copy of the terms and conditions of entry into any Borough building,
structure, or facility shall be placed at the main entrance of all
buildings, structures, or facilities to which the public is permitted
to access, together with the time the property, building, structure
or facility is open to the public and the time which it is closed
to the public.
2.
At the entry point of all secured areas not open to members of the
public inside buildings, structures or facilities, and in all exterior
areas which are required to be secured, such as but not limited to,
storage of equipment, vehicles, parking area, or places that pose
a danger to the public, or for security purposes, a sign shall be
posted which shall state, "Stop Restricted Area, Authorized Personnel
Only. Violators shall be subject to prosecution pursuant to N.J.S.A.
2C:18-3".
[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.
