[Adopted 8-26-2004 by Ord. No. 15-2004]
This article shall govern the designation of the Gazebo as private property of the City of Egg Harbor City and set forth the procedures for obtaining authorization for the use of said facility, the permitted uses of said facility and the fees applicable to same.
An application setting forth the name, address and telephone number of the individual or organization seeking to obtain permission for the use of the Gazebo shall be filed with the Clerk of the City of Egg Harbor City not later than 30 days prior to the intended date(s) of use by the applicant. Said application shall be in the form provided by the Clerk of the City of Egg Harbor City and shall be available at the Office of the City Clerk during regular business hours and dates.
In addition to the aforementioned information regarding the applicant, the application shall also set forth a brief description of the purpose(s) for which the applicant intends to use the Gazebo, the anticipated number of attendee(s) for the function and/or event for which application for use of the Gazebo is made, a description of any potential issues regarding traffic control, crowd control, or other matters which may require police or other municipal services with regards to the proposed use, as well as a nonrefundable application fee in the amount of $100 plus a deposit in the amount of $50 for each individual date for which application for use of the Gazebo is made. Deposit(s) shall be refunded within 30 days of the expiration of the permit date, subject to retention by the City of Egg Harbor City of such portion of the deposit(s) as may be necessary to repair and/or remediate any offending condition resulting from the use of the Gazebo on the date for which the permit was granted.
Applicants shall attest that the applicant will be responsible for returning the Gazebo and surrounding area(s) in good repair, in a clean and litter-free manner, and to indemnify, defend and hold harmless the City of Egg Harbor City, its employees, agents, officers, officials and professionals against any claim(s) for personal or property damage(s) which may result from any use or activity taking place pursuant to or under the authority of the grant of any application approved hereunder. The grant of any permit for use of the Gazebo may be conditioned upon the applicant providing proof of adequate insurance coverage naming the City of Egg Harbor City as loss payee for the date for which application for use of the Gazebo is made.
No application for use of the Gazebo shall be granted for any proposed use which would be contrary to the public health, welfare, safety or public order, specifically, but not limited to, any proposed use which involves the serving or consumption of alcoholic beverages and/or the broadcast of any music or other type of communication which may be heard at a distance of 100 yards or more from the physical location of the Gazebo. Notwithstanding the foregoing, any activity or use of the Gazebo, or any activity or use taking place within the area of the Gazebo, which would otherwise constitute a violation of any applicable law(s) of the State of New Jersey or any ordinance or applicable provision(s) of the Code of the City of Egg Harbor City, shall be prohibited.
In the event that any violation of the rules governing the use of the Gazebo by the applicant(s) and/or attendees of any event or function taking place at the Gazebo is observed by or reported to any official law enforcement or public safety officer or official, the event and/or function taking place at the Gazebo may be immediately terminated and the attendee(s) required to vacate the Gazebo area at the direction and pursuant to the instruction(s) of any such officer or official. Any unauthorized use of the Gazebo shall constitute an act of trespass and subject the violator(s) to a fine not to exceed $1,000 per occurrence.
Whenever an application for a permit is filed by an applicant pursuant to this article, and said application is denied, an applicant feeling aggrieved by such denial of the application may file and cause to be served upon the Director of Public Safety, or such other public officer as may be designated by the governing body of the City of Egg Harbor City (or his designated agent), a complaint setting forth the basis for applicant's disputing of the actions of the City of Egg Harbor City in denying said application. Applicant will be provided an opportunity for a hearing at a place therein fixed not less than 10 days nor more than 20 days after the serving of said complaint. The parties in interest shall be given the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint, and the rules of evidence prevailing in the courts shall not be controlling in hearings before the public officer.
If, after such notice and hearing, the public officer determines that the denial of the application for a permit was erroneous or otherwise improper, he shall state, in writing, his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof and parties in interest an order directing the Clerk of the City of Egg Harbor City to issue the requested permit to applicant.