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ORDINANCE 2016-13 Amend Code Replacing Requirement to Publish Special Event Map with Requirement to Provide Map/Route to Newspaper

ADOPTED: August 2, 2016

AN ORDINANCE OF THE BOROUGH OF POINT PLEASANT BEACH,
COUNTY OF OCEAN AND STATE OF NEW JERSEY AMENDING ORDINANCE 2013 – 47 AND THEREBY AMENDING CHAPTER V OF THE CODE OF THE BOROUGH OF POINT PLEASANT BEACH, ENTITLED “LICENSES,” AT SECTION 5-12 ENTITLED “PUBLIC ASSEMBLY” TO REPLACE THE REQUIREMENT TO PUBLISH A MAP IN THE NEWSPAPER WITH A REQUIREMENT TO PROVIDE A MAP AND ROUTE INFORMATION TO THE NEWSPAPER AND TO REQUIRE A MAP BE PROVIDED TO THE MUNICIPAL CLERK FOR POSTING ON THE MUNICIPAL WEBSITE
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WHEREAS on December 7, 2013 the Governing Body of the Borough of Point Pleasant Beach adopted Ordinance 2013 – 47 amending Chapter V of the Code of the Borough of Point Pleasant Beach, entitled “Licenses,” at Section 5-12 “Public Assembly” and eliminated Section 5-19, entitled “Special Event Approval,”; and

WHEREAS Ordinance 2013 – 47 created Section 5-12.5(A) of the Borough Code entitled “Procedure for License Approval;” and

WHEREAS Section 5-12.5(A)(e) created by Ordinance 2013 – 47 reads:
“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.”

And,
WHEREAS in the years since Ordinance 2013 – 47 was enacted more and more people use the internet to obtain the information formerly obtained from printed newspapers; and

WHEREAS news organizations impose an additional charge, over and above any charge for access to the internet, for access to their online content; and

WHEREAS few, if any citizens lack access to the municipal website for no additional charge over and above whatever they pay for access to the internet; and

WHEREAS interested parties, including the police department, the first aid squad, chamber of commerce and any businesses or residences that may be impacted can readily access the Borough’s website to obtain the information the applicant is now required to supply.

NOW, THEREFORE, 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.
Section 5-12.5(A)(e) created by Ordinance 2013 – 47 shall be deleted and replaced with the following:
“e. Immediately upon approval, the borough and the applicant shall notify the police department, the first aid squad, and the chamber of commerce of the date and time of the event and provide a map of the streets impacted. The applicant shall also provide this same information to the municipal clerk for posting on the municipal website, and to the Ocean Star or other newspaper regularly circulated in the municipality. The information provided to the newspaper shall include a notice as to where route information can be obtained. The applicant shall simultaneously transmit to the municipal clerk any email or other electronic transmittal to the newspaper providing this information, or a certified mail or other receipt demonstrating that the required information has been provided to the newspaper. ”

SECTION II.
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 III.
All ordinances or parts thereof, which are inconsistent with the provisions of this Ordinance, are hereby repealed to the extent of their inconsistencies.

SECTION IV.
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 approved 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 19th day of July, 2016, and will be considered for second reading and final passage at the regular meeting of said governing body to be held on the 2nd day of August, 2016, 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.

______________________________
EILEEN FARRELL, RMC
Municipal Clerk


Published July20, 2016 | New Ordinances | 2365


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