Ventnor City Police Department

        6201 Atlantic Avenue, Ventnor, New Jersey 08406

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                                                              Wayne Arnold   

                                           Chief of Police                                                                                                                 

 

 

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 TEMPORARY STREET CLOSING FOR THE PURPOSE OF A COMMUNITY FUNCTION SUCH AS A BLOCK PARTY OR NEIGHBORHOOD FESTIVAL

ORDINANCE NO. 2005-06

CITY OF VENTNOR CITY

 

AN ORDINANCE AUTHORIZING AND REGULATING THE TEMPORARY STREET CLOSING FOR THE PURPOSE OF A COMMUNITY FUNCTION SUCH AS A BLOCK PARTY OR NEIGHBORHOOD FESTIVAL

 

WHEREAS, the City of Ventnor City (hereinafter "City) desires to establishand otherwise regulate the ability of its citizens to petition for a temporary street closing so as to allow community functions such as block parties and/or neighborhood festivals; and

 

WHEREAS, the Governing Body of the City of Ventnor City has determined to permit temporary street closings for the purpose of the aforesaid community functions;

 

NOW, THEREFORE, BE IT ORDAINED by THE BOARD OF

COMMISSIONERS OF THE CITY OF VENTNOR CITY

 

Section 1. Definitions. The following terms shall have the meanings indicated:

 

BLOCK - A designated area within which the public streets shall be closed

for a neighborhood party.

 

PARTY- A neighborhood block party, celebration or event, but shall notinclude a garage sale, yard sale, bazaar, rummage sale or other similar activity having the principal purpose as fundraising for an individual or organization, nor shall it include a political meeting or rally, carnival or theatrical or musical

performances such as rock concerts or similar events.

 

STREET - A City street, highway or road.

 

Section 2. Authorization to issue permit; application.

 

A. The City Administrator shall be authorized to issue a permit for the temporary blocking of a street for the purpose of holding a party or festival. At least 21 days before the commencement of such party, an application for such permit shall be filed by a bona fide resident of the street to be blocked, who is over the age of 18, and such application shall contain at least the following information:

 

(1) The name and address of the applicant.

 

(2) The name of the street or streets and a description of the portions thereof to be blocked.

 

(3) A description of the specific party to be held.

 

(4) The date and the hours thereof.

 

B. The application may require such additional information as the Commission shall prescribed by resolution.

 

Section 3. Fee and determination of approval or disapproval of application. The application shall be accompanied by a fee in the amount of $25.00. Such fee shall be refundable in the event that the permit is denied. The permit shall be granted by the Governing Body upon determining that the party is authorized and responsible. The permit shall be denied if the Governing Body finds that blocking the street or portion thereof on the date requested in the application will unduly interfere with the flow of vehicular traffic or upon determining that the party is not authorized.  The City Administrator shall advise the applicant, in writing, of the reason for denial of the application.

 

Section 4. Validity of permit:

 

A permit issued pursuant to this ordinance shall be valid only for the date and the hours specified thereon, which shall not be before 8:00 a.m. or after 11:00 p.m. 

 

Section 5. Clean-up after block parties.  The applicant shall be responsible for removal of litter, debris and other materials from the street or portion thereof used for the party which is attributable to or caused by the party.

 

Section 6. Obstacles blocking streets to be movable.

 

A street or portion thereof blocked off for a party shall not be obstructed by obstacles which cannot be readily moved to allow emergency and hazard vehicles to enter it in response to an emergency.

 

Section 7. Limit on number of permits.  No more than two permits shall be granted by the City Administrator in any calendar year for the same block or blocks.

 

Section 8. Liability.  The persons, organization or association to whom the permit is issued shall be liable for all losses, damages or injuries sustained by any person, whether a participant or spectator at the block party or recreational event, whether or not said losses, damages or injuries arise by reason of the negligence of the person, persons or organization to whom such permit shall have been issued. The City Administrator shall require the applicant to enter into a hold-harmless agreement, which agreement shall provide that the applicant shall agree to save and hold the City harmless of and from any and all obligations and liabilities which may arise from the temporary street closing which represents the subject matter of the application. The applicant shall further agree as part of these provisions to hold harmless the City and to defend at his own cost and expense any claims or lawsuits instituted by third parties, which obligations or liabilities might otherwise exist or be asserted against the City. The City Administrator shall further have the option to require that, prior to the issuance of a permit or commencement of the temporary street closing, the applicant submit evidence of liability insurance covering damages to property and injuries to members of the general public arising out of the temporary street closing in such amounts as may be determined by the City Administrator.

 

Section 9. Penalties for offenses. Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction, be subject to a penalty of not more than $1,000.00, or imprisonment for a term not to exceed 10 days, or both. Each day of violation shall constitute a separate offense.

 

Section 10. All ordinances or parts of ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency.

 

Section 11. Should any section, clause, sentence, phrase provision or application of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, such a decision shall not affect the remaining portions of this Ordinance.

 

Section 12. This Ordinance shall take effect immediately upon its final passage and publication as provided by law.

FIRST READING: 02/17/2005

PUBLICATION: 02/21/2005

PUBLIC HEARING &

FINAL READING 03/03/2005

 

Return to City Ordinances

 

 

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