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ORDINANCE 2011-08 Public Assembly

DEFEATED - April 19, 2011


BE IT ORDAINED by the Borough Council of the Borough of Point Pleasant Beach, County of Ocean and State of New Jersey as follows:
SECTION 1. Chapter V of the Borough Code, entitled “Licenses - General,” shall be amended and supplemented at Section 5-11, entitled “Public Assembly,” to read as follows:

“5-12 Public Assembly.

5-12.1 License Required.
a. No person, partnership, association, corporation or any combination thereof shall permit, maintain, promote, conduct, act as entrepreneur, undertake, organize, manage, sell or give tickets to, an outdoor assembly of 200 or more people, whether the assembly be on public or private property, unless a license to hold such assembly has first been issued by the borough council of the Borough of Point Pleasant Beach, application for which must be made at least 45 days in advance for the assembly. No license, however, shall be required for any regularly operated outdoor recreational facility for the conduct of its usual business.
Except as otherwise provided in the preceding sentence, a license shall always be required for assemblies for the purpose of mass musical or public entertainment of various designations, or participation therein, including but not limited to pop festivals, rock music festivals, folk or ethnic festivals, rock and roll festivals, country and western festivals, jazz festivals, concerts, fireworks, movies, stage shows or any combination thereof.
b. No Change.
c. No Change.
d. No Change..

5-12.2 Licensing and Assembly Fees and Requirements.
a. A separate license shall be required for each day and for each location in which 200 or more people assemble or can reasonably be anticipated to assemble. The fee for each license shall be two thousand ($2,000.00) dollars per day.
b. No Change.
c. No Change.

5-12.3 Applications.
The borough council may issue a license upon written application made by any person who proposes to maintain, conduct, promote or operate an assembly as set forth herein. No assembly for which a license is issued shall begin prior to 8:00 a.m. or continued after 12:00 midnight.
a. Application Procedure: Contents.
1. The applicant shall file a verified application with the borough clerk of Point Pleasant Beach at least 45 days prior to the date or duties upon which the assembly is to take place. Corporate applications shall be duly signed, attested and verified by the appropriate corporate officers, and shall be accompanied by a copy of the Certificate of Incorporation.
b. Application Procedure: Contents. The application shall contain the following:
1. No Change.
2. No Change.
3. Proof of ownership of all property upon which the assembly is to be held or a statement under oath by the record owner or owners of all such property for an outdoor assembly of 200 people or more for the purpose set forth on the application.
4. No Change.
5. No Change.
6. No Change..
7. No Change.

5-12.4 Application Procedure: Additional Requirements.
The application shall further state in specific detail the provisions proposed for the accommodations of persons attending the assembly in the following particulars:
a. No Change.
b. Toilet and other sanitary facilities.
c. No Change.
d. No Change.
e. Public safety, indicating the kind and members of guards, or special police to assist the applicant in the supervision of those attending the event. The Point Pleasant Beach Chief of Police shall determine how many guards will be need to provide adequate traffic control and all traffic patterns devised by Point Pleasant Beach Police personnel shall be strictly adhered to. The Point Pleasant Beach Chief of Police shall prepare an estimate for use of municipal personnel to maintain traffic control.
f. No Change.
g. No Change.
h. No Change.
i. No Change.
j. No Change.

5-12.5 No Change.

5-12.6 Reserved.

5-12.7 No Change.”

SECTION II. All sections of Chapter V not amended hereunder shall remain in full force and effect.
SECTION III. In the event any section, part or provision of this Ordinance shall be held unconstitutional or invalid by any Court, such holding shall not affect the validity of this Ordinance or any remaining part of this Ordinance other than the part held unconstitutional or invalid.
SECTION IV. All ordinances or parts thereof, which are inconsistent with the provisions of this Ordinance, are hereby repealed to the extent of their inconsistencies.
SECTION V. This Ordinance shall take effect immediately upon its final passage and publication as required by law.

NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and passed on first reading at the regular meeting of the Borough Council of the Borough of Point Pleasant Beach, in the County of Ocean, held on the 8th day of March 2011 and will be considered for second reading and final passage at the regular meeting of said governing body to be held on the 29th day of March 2011 at 7:30 p.m. in the Council Chambers, Borough Hall, 416 New Jersey Avenue, Point Pleasant Beach, New Jersey at which time and place any person desiring to be heard will be given an opportunity to be so heard.

Municipal Clerk

Published March09, 2011 | New Ordinances | 1176

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