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