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ORDINANCE 2013-47 Amendment to Special Events Ordinance

Adopted: December 17, 2013

AN ORDINANCE OF THE BOROUGH OF POINT PLEASANT BEACH,
COUNTY OF OCEAN AND STATE OF NEW JERSEY
AMENDING CHAPTER V “LICENSES”
________________________________________________________

BE IT ORDAINED, by the Governing Body of the Borough of Point Pleasant Beach, County of Ocean and State of New Jersey, as follows:

SECTION I. Chapter V of the Code of the Borough of Point Pleasant Beach, entitled “Licenses,” shall be amended at Section 5-12 “Public Assembly and Section 5-19, entitled “Special Event Approval,” as follows:

5-12 -- Public Assembly and Special Events.


5-12.1 Purpose.
The purpose of the within section is to establish special event license approval procedures and fees to remediate the impact of such events and shall be construed to secure the beneficial interests and purposes thereof which include public safety, health and general welfare — through structural strength, stability, sanitation and safety to life and property from fire and other hazards incidental to the congregation of persons at special events. This Ordinance shall ensure that special events do not create disturbances, become nuisances, menace or threaten life, health, and property, disrupt traffic or threaten or damage private or public property. It is not the intent of this ordinance to regulate in any manner the content of speech or infringe upon the right to assemble, except for the time, place and manner of speech and assembly, and this Chapter should not be interpreted, nor construed otherwise.

5-12.2 Definitions.
Above-base service shall mean the cost of providing municipal services, such as public safety and sanitation, in excess of those services and facilities typically provided by the municipality to all other residents.
Applicant shall mean the person or group sponsoring or organizing a Special Event Assembly and applying for a Special Event Assembly license as required under this Section.
Banner shall mean a sign, streamer, or article of like description installed across or over the roadway or sidewalk of any street in the Borough.
Borough shall mean the Borough of Point Pleasant Beach.
Business day shall mean normal Borough work hours occurring Monday through Friday, excluding municipal holidays.
Cost recovery charges shall mean above-base service costs for municipal services charged by the Borough to an applicant in conjunction with a Special Event Assembly permitted under this Section.
Demonstration shall mean a public assembly, a meeting or gathering, a rally or protest event, a political rally or event, speechmaking, marching, the holding of vigils, and all other like forms of conduct, the primary purposes of which is expressive activity or the communication or expression of views or grievances, that (1) is engaged in by less than fifty (50) persons or (2) will not occur upon any Borough property, including a street, sidewalk, boardwalk, park or alley without compliance with the normal and customary traffic regulations or controls governing such places (for example, do not require street, sidewalk or boardwalk closure) or (3) does not require vendor, alcohol, animal, fireworks or carnival ride licenses (which event meeting one or more of these characteristics shall be deemed a Special Event). The term "Demonstration" shall not mean the casual use of Borough property which does not have an intent or propensity to draw a crowd of onlookers.
Fair shall mean an exhibition and sale of agricultural, industrial, household and manufactured products, coupled with various amusements, entertainment and educational displays.
Festival shall mean a feasting or celebration or religious ceremony or series of performances or merry-making with music and other entertainment.
First Amendment activity shall mean expressive and associative activity that is protected by the United States Constitution and/or the New Jersey Constitution, including, but not limited to speech, press, assembly, and/or the right to petition, for example, but not by way of limitation, a march, an assembly in support of or opposition to a political or social issue, or a vigil, excluding commercial activities.
Parade or procession shall mean a merry-making or ceremonial succession, including an organized movement and/or motorcade consisting of persons, vehicles, things, or a combination thereof, which may include music and/or entertainment, from one location to another that:
a. Is held with the intent to attract attention;
b. Takes place upon streets, boardwalks, and/or sidewalks within the Borough;
c. Interferes or has a tendency to interfere with the normal flow or regulation of pedestrian or vehicular traffic, or does not comply with normal and usual traffic, regulations, or controls.
Race shall mean a competition of speed in which participants utilize various transportation mechanisms to get from one location to another in the shortest period of time, occurring on a Borough street and/or sidewalk; these transportation mechanisms may include, but are not limited to, bicycles, automobiles, and/or running.
Run/walk shall mean a noncompetitive race in which participants run and/or walk from one location to another on a Borough street and/or sidewalk.
Special event assembly shall be defined as any event, festival, performance, competition, display or other organized public event in which public rights of way or public property may be used or significantly impacted as a result of the event, and which, due to reasonable public safety, health and security concerns, foreseeably requiring the involvement of public personnel and equipment dedicated to assisting the event from its planning to its conclusion. Such an event may be held or sponsored by a profit or nonprofit organization, and may use public or private property, roads or other thoroughfare or requires municipal services, regardless of the event’s location or planned route. The special event assembly may also be one that promotes Point Pleasant Beach, its residents and businesses as long as said promotion is consistent with the family resort image of the Borough.


5-12.3 Application of Provisions.
This chapter imposes regulatory requirements on certain activities which are held on municipal streets, public property or private property where the general public assemblies and are special events assemblies. The requirements imposed by this chapter do not alter, supersede or nullify any requirements contained in other statutes, ordinances or regulations which may also regulate these same activities. These requirements shall be applied in a content-neutral manner and without discrimination as to race, religion, sex, national origin, political affiliation or other unlawful discriminatory classification. This chapter shall not apply to the following events:
1. Events or assemblies occurring inside permanently established, fully enclosed places of assembly such as a place of worship, public auditorium, theater, recreation hall, gym, or other enclosed structure designed primarily for housing and assembly of people, provided that the maximum number of persons expected to attend or in actual attendance does not exceed the maximum capacity of the enclosed place of assembly.
2. Events or assemblies in conjunction with school events on school property, house of worship events on house of worship property if designed for that use, or government sponsored public hearings.

5-12.4 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 or event of 200 or more people, whether the assembly or event be on public or private property, unless a license to hold such assembly or event has first been issued by the Borough of Point Pleasant Beach Governing Body, application for which must be made pursuant to the provisions set forth in this chapter. Such an assembly or event shall be a special event assembly as defined and governed by the chapter. 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. The prohibitions herein above expressed shall not include or pertain to such assemblies, even though enumerated above, which take place in established indoor theaters, lounges, resorts, auditoriums, convention centers, or other indoor places licensed for public occupancy, unless otherwise limited by applicable law.
c. Nothing herein shall be construed to limit the filing of an application for more than one assembly over a period of one year.
d. For good cause shown, the time requirement for filing the application or applications under this section may be waived by the borough council and the borough council may hear any such application on an expedited basis by special meeting if required. In such case the reports required herein may either be waived or presented orally to the borough council.
e. The operation of a commercial beach, for which beach badges are sold, shall not be subject to this ordinance.

5-12.5(A) Procedure for License Approval.

The Governing Body may issue a license upon written application made by any person who proposes to maintain, conduct, promote or operate a special event assembly as set forth herein. No special event assembly for which a license is issued shall begin prior to 8:00 a.m. or be continued after 12:00 midnight.
The following items are required in order to receive approval for a special event assembly:
a. A completed, verified application including summary of event, venue request and municipal support services must be submitted to the Borough Clerk. 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 or Certificate of Formation.
The application shall specifically contain the following:
1. Name, age, residence and mailing address of the applicant. Corporate application shall show the name, residence and mailing address of each person or other corporation holding ten percent or more of the stock in said corporation.
2. The address, block and lot number, and legal description of all property upon which the assembly is to be held, together with the name and address of the record owners of such property.
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. The specific nature and purpose of assembly, together with a schedule of all events or acts and examples of the proposed advertising of the event, if any, together with the names of the performers who will be performing at the assembly.
5. The dates upon which the assembly will take place and the time the assembly will open and finish each day.
6. The application shall be accompanied by a diagrammatic sketch or plan of the proposed site, showing the area where the assembly will be situated, the location and capacity of all parking areas, driveways and roads as they relate to traffic flow, traffic control and safety. Fire access lanes and lanes for other emergency vehicles shall be shown on the sketch or plan.
7. Past experience of the applicant in promoting, operating or conducting similar outdoor events. The applicant shall state whether any permits or licenses for assemblies issued by this or any other governmental agency have ever been revoked, or whether the applicant has ever received notice of violation from any governmental agency arising out of the conduct of an assembly. Any lawsuits commenced against the applicant to enjoin an assembly or to compel the applicant to provide financial responsibility or reimbursement shall be disclosed.
8. Food and drink.
9. Adequate toilet and other sanitary facilities shall be provided. The following minimum standards shall generally apply, although the town may approve variations from these standards based on the length of the event, the spatial characteristics of the event, or other factors or considerations:
i. A minimum of four (4) toilet facilities shall be provided to serve an anticipated attendance of two hundred (200) people. In addition, two (2) toilet facilities shall be provided for each additional two hundred fifty (250) people anticipated to attend.
ii. Public or common use toilets must comply with the Federal ADA accessibility guidelines, which require that five (5) percent of the total number, or no less than one toilet facility per each cluster of toilet facilities, must be accessible to guests with disabilities.
iii. Medical and ambulance care, including the names of first aid and ambulance services or squads which will be available.
10. Facilities for the parking of cars, off the traveled highways of the Borough of Point Pleasant Beach. The details shall indicate parking areas, the capacity of the parking areas, means of ingress and egress, and the measures intended by the applicant to insure that cars waiting to park will not congest the public highways.
11. 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.
12. The plans, if any, to illuminate the location of the assembly and the pedestrian walkway areas, including the source, amount of power, and the location of the illumination.
13. The plans for holding, collecting and disposing of solid waste materials.
14. The plans for supplying potable water, including the source, amount available and the location of all outlets.
15. The plans for sound control and sound amplification, if any, including the number, location and power of the amplifiers and speakers, together with the applicants proposal to confine the sound to the area of the assembly,
b. Application and review process shall be submitted to the following agencies and completed within 15 days of receipt of a complete application.
1. Police department
2. Borough administrator
3. Construction and Code enforcement (if applicable)
4. Fire inspector
5. President of the Point Pleasant Beach chamber of commerce.
c. A representative from the applicant and the police department, as well as the borough administrator, shall meet to review the application and the planned event. A representative from the building department, the fire inspector and chamber of commerce may be included as well, if appropriate. The applicant will be provided with a list of municipal services needed and any conditions placed upon the event, i.e. route to be used, type of entertainment, road closure and other necessary requirements for said events.
d. The completed application shall then be submitted along with departmental recommendations and any required use agreement for approval by the Governing Body.
e. Upon approval, the borough and the applicant shall notify the police department, the first aid squad, chamber of commerce and any businesses or residences that may be impacted. The applicant will be required to advertise the event and include in the advertisement the date, time, and a map of the streets impacted, in the official borough newspaper at least one week prior to the event. Failure to notify and/or advertise may result in a suspension of approval of any event proposed by the applicant for up to two years from the date of the failure to notify and/or advertise. The applicant shall also be subject to the issuance of a summons and the maximum fine provided under borough ordinances.
f. Pre- and post-event meeting(s) shall be held as deemed necessary by the Borough Administrator.
g. The Governing Body may consider the following factors when considering if a special event assembly requires the employment of above base municipal services beyond the regularly scheduled shift or the employment of a private contractor:
1. The number of anticipated attendees;
2. The size of the geographical area for which this special event requires municipal services;
3. Whether the event historically has, or is likely to, produce an excessive amount of garbage, trash and litter.
4. The proximity of the special event to residential areas or the likelihood that garbage from a special event will affect residential areas.
5. The proximity of the special event to bodies of water or any natural resource that should be protected from garbage and pollution.
6. The likelihood that garbage from the event could constitute a fire hazard.

5:12-5(B) License Application Requirements.
a. Existing Event(s).
1. For any event commencing on or after January 1, 2014, a special event assembly license application must be submitted to the Borough Clerk no later than ninety (90) days prior to the proposed commencement of the event. Upon receipt of a completed application package, the Borough will review the application and provide a response in a reasonable period of time. This deadline shall apply to any event(s) held in the current year or any year in the past five (5) years, which will recur the following year, which is referred to as an existing special event assembly.
2. This deadline shall not apply to demonstrations or First Amendment activities as defined in this chapter, or new events, defined herein as those which have not been held in the Borough prior to December 31, 2013.
b. New Event(s).
1. Special event assembly license applications for new events must be submitted to the Borough Clerk at least one hundred twenty (120) days prior to the date and time at which the event is proposed to occur. Upon receipt of a completed application package, the Borough will review the application and provide a response within thirty (30) business days to the applicant. This deadline shall not apply to those events which are determined to be demonstrations or First Amendment activities as defined in this chapter.
c. Demonstrations and/or First Amendment Activities.
License applications for a First Amendment activity not encompassed within the definition of a demonstration in this chapter shall be processed by the Borough no later than five (5) business days prior to the date and time the event is proposed to occur. The Borough still requires the receipt of a completed license application. If any agency within the Borough does not have the opportunity to complete its review prior to the issuance of a license under these expedited circumstances, the Borough reserves the right to modify the authorized duration, route and/or location of the event based on content-neutral public safety concerns including but not limited to accommodations for pedestrians, vehicular traffic, staffing availability, and emergency vehicle access. Notwithstanding anything to the contrary herein, the Borough Attorney in consultation with the Borough Administrator shall have the discretion to waive these time periods, in the interest of accommodating the free expression of opinion. Such waiver shall not be unreasonably withheld but can be denied upon a finding that the Borough would be unable to provide for legitimate safety and traffic concerns. If a waiver is denied, all efforts shall be made to find alternative avenues for the applicant to reach his or her intended audience.
d. Additional Requirements.
1. If the event will require the closing of streets, the event and applicant are subject to the rules and regulations set forth in the Revised General Ordinances of the Borough. For street closings, the applicant shall submit a copy of the statement of concurrence with the proposed street closing signed by the heads of not less than fifty-one (51%) percent of the households on the block or blocks to be closed;
2. If the event will have a fireworks display, the event and the applicant are subject to the rules and regulations set forth in Title 11, Fire Prevention Code and Chapter 1, New Jersey Uniform Fire Safety Code The applicant shall submit a copy of the fireworks vendor's 1) Permit to Manufacture Explosives and 2) Permit to Use Explosives, both issued by the New Jersey Department of Labor, Office of Safety Compliance and such other information as shall be reasonably required by the Borough’s Fire Safety Official or his or her designee;
3. If alcohol is to be served, event organizers must acquire a Special License for Social Affairs from the State of New Jersey Department of Law and Public Safety, Division of Alcoholic Beverage Control. License applications are available through the Borough Clerk. Liquor liability insurance shall be required, in such form and amount as set forth in this ordinance. Licensee must comply with any applicable State or local laws;
4. If merchandise and/or food are to be sold or supplied, the event and applicant are subject to the rules and regulations set forth in the Revised General Ordinances of the Borough. Special attention should be given to the provisions relating to Hawking and Peddling; Canvassing and Soliciting. License applications are available through the Borough Clerk;
5. If applicable, the applicant must provide proof that the amusement ride's owner/operator has acquired the necessary permits from the New Jersey Department of Community Affairs, Bureau of Code Services and the insurance required in this chapter;
6. If applicable, the applicant must provide proof that the owner/operator/distributor of any game of chance has registered with the New Jersey Legalized Games of Chance Control Commission and provide the appropriate license to the Borough Clerk; and
7. The applicant accepts total responsibility for providing and maintaining proper garbage removal, to include the source separation of recyclable materials such as glass bottles and jars, aluminum and bi-metal cans, and corrugated cardboard from any garbage generated during the special event. All recyclable materials collected, shall either be recycled by a private hauler or dropped off at the Borough Recycling Depot as outlined in the Borough's Mandatory Recycling Ordinance. It shall be the responsibility of the applicant to ensure that a recycling tonnage report form, which is included with the license application, is completed and forwarded to the Borough Office of Recycling, within thirty (30) days after the event only if a private hauler and another recycling market, other than the Borough Recycling Depot is used;
e. Failure of the applicant to submit a complete application as defined above and to comply with the applicable State laws and regulations shall be grounds for denial of the license application.
Except as otherwise provided herein, applicants for events defined herein as First Amendment activities are not required to comply with subparagraph d(1) hereinabove.

5-12.6 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 for a special event assembly. The fee for each license shall be two thousand ($2,000.00) dollars per day.
b. The license shall permit the assembly of only the maximum number of people as stated in the license. The licensee shall not sell tickets for nor otherwise permit to assemble at the licensed premises more than the maximum number of people permitted by the license.
c. The Governing Body may waive the fees provided for in subparagraph a. upon the written request of any civic association, charitable association or nonprofit corporation provided such civic association, charitable association or nonprofit corporation meets the criteria set forth below:
1. Only organizations holding tax exempt status under the Federal Internal Revenue Code of 1954 (26 U.S.C. s. 501(c) or (d)) are to be considered as a Charitable Organization.
2. The Governing Body may consider the following factors when considering a Charitable Organization’s request for waiver of any fee:

i) Benefit to the residents of Point Pleasant Beach from the charities’ activities:
ii) Benefit to residents of the area from the charities’ activities;
iii) Amount of money expected to be raised by the charity by the activity for which the waiver is requested;
iv) Percentage of amount raised by the charity, through the activity for which the waiver is requested, which is expended on costs and administrative expenses;
v) Dollar amount of fees to be waived.
vi) Above based service of the Borough attributable to the activity for which the waiver is requested.

5-12.7 Financial Responsibility.

The application shall also contain the following proof of financial responsibility and adequate insurance coverage:
a. The applicant shall submit to the borough clerk, with his application, a written commitment from an insurance company licensed to do business in New Jersey, to insure the applicant, and the borough as a named coinsured, during such event, an account of liability for accidental injury to one person in the amount of five hundred thousand ($500,000.00) dollars: for accidental injury to two or more persons in the amount of one million ($1,000,000.00) dollars. Where it appears that the nature and size of the event, or existence of other applicable insurance will not reasonably require the limits hereinabove provided, the borough council may fix such lesser amounts of limits or accept such evidence of other insurance or financial responsibility as will reasonably afford protection to the participants and to the public.
b. In addition to the insurance obligation provided for hereinabove, the borough council may require of the applicant; prior to the issuance of a license, to make cash deposits in an amount sufficient to insure full payment of its license fees, and/or to insure prompt repair of physical damage and collection or refuse, if same is not adequately provided for by the applicant. Such a cash deposit may include, sums sufficient to pay for such special police officers and like personnel as may reasonably be required by the event and for which the borough shall bill the applicant.
c. The applicant shall file a bond with the clerk of the borough, either in cash or underwritten by a surety company licensed to do business in the State of New Jersey, in the amount of fifty thousand ($50,000.00) dollars, which bond will indemnify and hold harmless the borough or any of its agents, officers, servants, and/or employees, from any liability, or any course of action of whatever nature which may arise by reason of the granting of the license, and from any damage incurred by trespass, vandalism or otherwise, and from any costs incurred in cleaning up any waste materials produced or left by the assembly. At the discretion of the borough council, the above bond may be waived and the borough council may accept a letter of indemnification from the applicant when the applicant demonstrates assets in excess of five million ($5,000,000.00) dollars by a certified financial statement.


5-12.8 Hearing.

The borough council shall conduct a hearing on an application for a license hereunder at a regular meeting of the borough council within 45 days of a submission of the completed application. A notice of such hearing shall be published at least once in the official newspaper of the borough at least five days prior to the date of the hearing. The borough council may after considering the application causing due investigation and after giving due regard to the recommendations of the chief of police, fire chief, fire inspector, board of health and code enforcement officer and construction official issue the license requested upon such terms and conditions as it deems necessary and proper to insure the health, safety, and welfare of the citizens of the Borough of Point Pleasant Beach.


5-12.9 Revocation of License.

A license may be revoked by the borough council upon 12 hours notice to the applicant where it appears that:
a. The application is materially false or purposely misleading.
b. The number of persons attending the assembly is unexpectedly greater by 50 percent than the number initially projected and the applicant is unable to deposit sufficient monies to insure adequate police protection, or is unable by reason of such increase, to provide proportionally greater sanitary, water, food, and other health facilities.
c. New or substantially changed conditions have arisen so as to imperil or materially endanger the public health, morals, safety or welfare.
d. Notwithstanding the above, a license may be revoked at any time after 24 hours prior to the event, and at any time during such event, where it appears that the public health, morals, safety, or welfare are being endangered, where it appears that numerous acts of criminality, disorderly conduct, juvenile delinquency, violations of the controlled dangerous substance act of the State of New Jersey are occurring, or where nuisances substantially impairing the comfort or welfare of the borough are occurring!
Where such circumstances appear, a license shall be revoked in the following manner:
1. By a majority of a quorum of the borough council.
2. If a quorum of the borough council cannot reasonably be convened, then by the mayor.
3. In the absence of the mayor, by his designee appointed for this purpose.
4. In the absence of the foregoing, by the chief of police or his designee.
In the event of revocation under this subsection, the license fee and cash deposit, to the extent the latter is billed, used, or required, shall not be returned to the applicant.


5-12.10 Special Event Assembly Application and Use Fees and Exemptions Therefrom.

The following fees related to above based services shall be applicable for special event assemblies:
a. If the bandshell area, gazebo or Borough Hall public meeting room is used, there shall be a usage fee of fifty ($50.00) dollars per hour of requested use.
b. If the boardwalk is used for a walk, raffle table or any other approved use, there shall be a one hundred ($100.00) dollar application fee.
c. For use of streets, there shall be a twenty-five ($25.00) dollar application fee for each street utilized.
d. Law Enforcement Services. Any event that requires dedicated law enforcement services in excess of the regularly scheduled shift shall be charged for the above base service required of each additional officer at a rate of fifty ($50.00) dollars per hour per assigned, dedicated officer.
e. Public Works. The following fees will be due for public works above based services, including but not limited to the cost of providing trash receptacles, barricades, pre-event maintenance and trash removal; said fees are based upon the anticipated attendance as set forth in the application.
i) 200 to 1,000 people $300
ii) 1,001 to 2,500 people $500
iii) 2,501 to 5,000 people $1,000
iv) 5,001 to 7,500 people $1,500
v) 7,501 to 10,000 people $2,000
vii) 10,000 or more people + Fee to be based on services required, minimum fee of $5,000)
f. Payment of Fees. All application fees will be due and payable upon submission of the completed application. All other fees that cannot be computed prior to the event shall be due within ten business days after the completion of the event.
g. Additional Licenses. Any applicant/vendor that provides a stove, grill or other cooking device in connection with the special event shall obtain a license from the Point Pleasant Beach fire inspector.
h. Exemptions. Exemptions from the above fees may be granted by the Governing Body as provided for in this Chapter.

5-12.11 Enforcement and Penalties.
a. Violations of this chapter shall be grounds for revocation of the special events license. Upon such revocation, all activities associated with the event shall be immediately terminated.
b. Any person who violates any section of this chapter for sponsoring a special event determined to be a public health or safety hazard, or for failure to obtain a license shall be subject to the penalties set forth in the Borough Code. Each day's continued violation shall constitute a separate offense.
c. Nothing provided herein shall be deemed or construed to limit the authority or ability of the Borough to seek civil injunctions to prohibit violations of this chapter or any other lawful remedy, in addition to the criminal penalties set forth in this subsection.


5-12.12 Intended Distribution of Fees.

Application usage fees are to be placed in a dedicated fund that will be used for the maintenance and improvements to the bandshell area and parks within the Borough of Point Pleasant Beach. The fees for police service and public works are intended to be used to offset costs to those departments.

SECTION II. Section 5-19 is stricken in its entirety.
SECTION III. All sections of Chapter V not amended hereunder shall remain in full force and effect.
SECTION IV. 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 V. All ordinances or parts thereof, which are inconsistent with the provisions of this Ordinance, are hereby repealed to the extent of their inconsistencies.
SECTION VI. This Ordinance shall take effect immediately upon its final passage and publication as required by law.

NOTICE
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 3rd day of December 2013 and will be considered for second reading and final passage at the regular meeting of said governing body to be held on the 17th day of December 2013 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.



_____________________________
MARYANN ELLSWORTH, RMC
Municipal Clerk


Published December05, 2013 | New Ordinances | 1731


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