ORDINANCE NO. 3023
AN ORDINANCE TO AMEND AND SUPPLEMENT THE CODE OF THE BOROUGH OF RUTHERFORD, CHAPTER 73, ENTITLED PLAYGROUNDS AND RECREATION AREAS, ORDINANCE NO. 1809
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE BOROUGH OF RUTHERFORD AS FOLLOWS:
SECTION 1. That Chapter 73, Entitled Playgrounds and Recreation Areas, be and is hereby repealed in its entirety, and is replaced with the following:
CHAPTER 73
PLAYGROUNDS, PARKS,
OPEN SPACES and RECREATION AREAS
73-1. Definitions.
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
BOARD OF EDUCATION - The Board of Education of the Borough of Rutherford.
BOROUGH - The Borough of Rutherford.
EDUCATIONAL FACILITY - A non-profit school that serves grade K or higher, that has a physical location that is geographically located within the Borough of Rutherford.
OPEN SPACES - Those public lands owned by the Borough, devoted to the general public of the Borough of Rutherford, known as Williams Center Plaza, Lincoln Park (including the Bandshell), Sunset Park, Van Winkle Park, Firefighter's Memorial (located at Mortimer and Pierrepont Avenues, Waterfront Park (located on Riverside Avenue, next to Nereid Boat House), and Lincoln Woods (on West Pierrepont Avenue).
PERSON - Any person, firm, partnership, association, corporation, company or organization of any kind.
RECREATION AREAS - Those public lands owned by the Borough, devoted to active or passive recreation, known as Memorial Park, Tamblyn Field, Tryon Field, and Harold Wall Field, and the playgrounds, picnic areas, fields, courts, buildings, and parking lots adjacent to or part of these designated places.
RECREATION DEPARTMENT - The Recreation Department of the Borough of Rutherford.
RESIDENT COMPANY - the company has a physical location within the Borough of Rutherford.
RESIDENT GROUP, ENTITY, OR ORGANIZATION - SPORTS TEAMS - 75% majority of its members are Rutherford residents (see 73-7).
RESIDENT ORGANIZATION, GROUP, OR ENTITY - has a physical location within the Borough of Rutherford, and the physical location is used for the purpose for which the organization, group, or entity was created (see 73-7).
VEHICLE - Every device in, upon, or by which any person or property is or may be transported or drawn.
73-2. Policy for use of open spaces or recreation areas.
A. The Mayor and Council of the Borough of Rutherford recognize that:
1. Borough facilities are public property and, as such, should be made available for public use, when it is determined that such use would not subject facilities or participants to any harm or injury;
2. The use of Borough facilities should be programmed and regulated for the convenience of their users in order to ensure availability and safety;
3. Proper maintenance and care is required in order to maintain these facilities and keep them in proper condition for their users.
B. The Council adopts the following regulations as a means of improving accessibility to the Borough's facilities and, at the same time, providing for their safe, constructive and prolonged use.
73-3. General regulations.
A. It shall be unlawful for any person or entity to perform or permit to be performed any of the following acts within any open space or recreation area of the Borough of Rutherford. The provisions herein shall not apply to any authorized official of the Borough in pursuit of any official duty.
It shall be unlawful to:
1. Mark, deface, disfigure, injure, tamper with, or displace or remove any Borough property.
2. Throw, discharge or otherwise place or cause to be placed any substance, matter or thing, liquid or solid, likely to result in pollution or environmental damage, in the waters of any fountain, pond, lake, stream, river, or other body of water in or adjacent to any open space or recreation area, or in any tributary, stream, storm sewer, or drain flowing into such waters.
3. Dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, or refuse or other trash in any open space or recreation area, or anywhere on the grounds thereof, or in any waters in or contiguous to any open space or recreation area. Such waste shall be placed in the proper receptacles where these are provided; and where receptacles are not provided, all such rubbish or waste shall be carried away from the open space or recreation area by the person(s) responsible for its presence and properly disposed of elsewhere.
4. Endanger the safety of any person by any conduct or act, including disturbing the peace or committing any assault, battery or fighting.
5. Carry, possess or consume any alcoholic beverage in any open space or recreation area, without first obtaining a permit in accordance with this ordinance.
6. Carry, possess, or consume any illegal or illicit narcotics or drugs in any open space or recreation area of the Borough.
7. Hold, possess or use any firearm, weapon, explosive, bb-gun, air rifle, slingshot, high-powered water gun, paint gun, or any other device with a projectile, which might cause injury or death, in or within three hundred yards of any open space or recreation area.
8. Smoke in violation of any State or local law, rule or regulation, or smoke in violation of any Board of Education rule or regulation.
9. Molest, trap, capture or hunt, remove, injure or kill any animal, fish or other wildlife or disturb its habitat, except in portions of any open space or recreation area so designated.
10. Swim in any pond, lake, stream, or any other body of water except areas designated and posted as approved for swimming.
11. Run a gas-operated water craft in any pond, lake, stream, or any other body of water, except where designated.
12. Disturb or interfere with any improvements under construction or about to be constructed.
13. Enter any area in disregard of signs or posted notices forbidding the same, or to disobey posted signs or notices of any kind.
14. Prevent any person from using Borough facilities, or interfere with such use in compliance with these regulations.
15. Operate, drive or park any vehicle, except on a street, driveway or parking lot, in any open space or recreation area, or park or leave any such vehicle in any place other than the areas designated for public parking. No vehicle shall be permitted in any open space or recreation area except in specific locations provided for parking use, if any.
16. Occupy any open space or recreation area between one hour after sunset and ? hour before sunrise, without first obtaining a permit in accordance with this ordinance, except in an emergency and after notifying the Police Department. However, the closing hours of Lincoln Park when persons and vehicles are prohibited shall be between 11:00 p.m. and ? hour before sunrise, unless otherwise permitted in accordance with this ordinance.
17. Paste, glue, tack or otherwise post or hang any sign, placard, advertisement, or inscription whatsoever in any open space or recreation area, or in or on any public lands, highways or roads adjacent to the open space or recreation area, unless given prior written permission by the Borough.
18. Use or cause to be used any loudspeakers, bullhorns, public-address systems, amplified musical instruments, or amplifiers, without first obtaining a permit in accordance with this ordinance. The provisions of this subsection shall not apply to employees or officials of the Recreation Department or the Board of Education, or to other educational facility during scheduled sports practices or games.
19. Practice or play the game of golf or any portion thereof.
20. Allow any animal or pet in any park, recreation area or open space.
21. Give entertainment of any kind or transact business of any kind or hold public gatherings, meetings or assemblies of any kind, without first obtaining a permit in accordance with this ordinance.
22. Occupy any open space or recreation area for picnic parties, assemblages, business, or entertainment, without first obtaining a permit in accordance with this ordinance.
23. Sell, vend, distribute or give away any article, merchandise, food, or services of any kind in any open space or recreation area, without first obtaining a permit in accordance with this ordinance.
24. Solicit funds for any purpose in any open space or recreation area, other than persons having prior written permission from the Borough, persons or entities given permission through the Borough's solicitation ordinance, employees or officials of the Recreation Department, the Borough Board of Education, or other Borough-located educational facilities or charitable organizations.
B. Borough open spaces or recreation areas cannot be used for any purpose prohibited by law.
C. Open fires are prohibited, except when approved by the Borough and any and all government agencies having jurisdiction therein. However, charcoal grills are permitted in designated picnic areas.
D. All indoor activities must terminate by midnight, unless prior written approval is obtained. All unlighted outdoor activities must terminate by sunset. Activities at lighted facilities, designated for evening use, must terminate by 11:00 p.m., unless otherwise approved by the Borough.
E. Events that are likely to draw spectators or participants that exceed the proper occupancy rate per square foot of an open space or recreation area are prohibited.
F. Events that seek to utilize open space or recreation areas for the purpose of commercial profit, or are a commercial activity for the benefit of a commercial entity or operation, are prohibited. Events sponsored by or through the Borough or Borough entities are exempt from this provision.
73-4. Supervision.
A. Applicants who are granted use of open spaces or recreation areas are responsible for the proper supervision of all participants and spectators. Those participants under the age of 18 years shall not to be left unattended at any time.
B. Applicants who are granted use of open spaces or recreation areas shall be held responsible for any personal injury or property damage resulting from the lack of supervision or poor supervision of participants or spectators.
73-5. Maintenance and use of area.
A. Permittee must report any problems encountered with the open space or recreation area to the Recreation Department within 24 hours of the conclusion of the activity.
B. Proper use of open spaces and recreation areas is of the utmost importance. Organizations or groups failing to abide by the provisions of this ordinance and by the rules and regulations imposed in a permit or by the Recreation Department will be asked to curtail their event(s) and may be denied further use of Borough open spaces or recreation areas.
C. Open spaces and recreation areas must be left clean and orderly and all debris must be properly discarded by the permittee and his or her group. Chairs and tables shall be returned to their original positions and lights, air conditioning, and heating should be turned off or adjusted as directed or posted at the facility.
D. Permittee shall be held responsible for any property damage resulting from the use of the area under a permit issued in accordance with this ordinance.
E. Users of open spaces or recreation areas automatically assume responsibility and liability for all damages and loss to Borough property that occurs while using the open space or recreation areas.
F. Permittee shall be responsible for insuring that all participants and spectators adhere to Recreation Department rules and all applicable State and local laws and regulations and ordinances.
G. Permittee shall be responsible for insuring that the area is in a safe condition before allowing the event to proceed. If there is any problem noted, the permittee shall not proceed with the event, and shall notify the Police Department of the deficiency. The permittee shall not perform any repair or reconstruction to any field, park, recreation area, or open space.
H. Permittee shall be responsible for insuring that all attendees, spectators, and participants comply with any special conditions or limitations imposed upon the issuance of the permit.
73-6. Application procedures.
A. The following shall be followed:
1. Permits for the use of Borough open spaces or recreation areas are required for organized games, contests, picnics, sports activities, ceremonies, events, and any other organized gathering involving more than ten attendees, participants, or spectators.
2. Applications for movie or other filming shall be exempt from this ordinance (see Borough Code, Chapter 34).
3. Applicants must be 18 years of age or older.
4. Applications for the use of any Borough open space or recreation area available for use can be obtained in person at or requested by mail from the Recreation Department. The applicant shall be required to state his name and address, that he or she is over the age of 18, the name and address of the sponsor, the days and hours desired, the open space or recreation area desired, the type of event, a reasonable estimate of the anticipated attendance, the anticipated age group of the attendees, and such other information as may be reasonably required.
5. A minimum refundable deposit of $50.00 (check or money order payable to the Borough of Rutherford) is required with all applications. The Recreation Superintendent or Borough Administrator may require a greater refundable deposit if the approved event warrants same. This deposit will be used to cover any damage to Borough property or cleaning required due to the use of site under the permit. Users will be notified in writing by the Recreation Department if any such charge will be assessed.
6. Nonrefundable fees are required with certain applications. These fees are set forth in a Schedule of Fees set forth in this ordinance.
7. Proof of insurance is required for certain applications and/or events as set forth in this ordinance.
8. An original, signed indemnification and waiver is required for certain applications and/or events as set forth in this ordinance.
9. A team roster or membership list is required with all applications for sporting activities. This roster/listing must include the name and home address of all participants who intend to use the open space or recreation area.
B. Review procedures
1. Completed applications should be returned to the Recreation Department at Borough Hall. No application shall be considered until all requested information, payments, and documents are supplied by the applicant.
2. All multi-day athletic-related applications must be submitted to the Recreation Department in writing no more than six months before the start of a specific sporting event, nor less than thirty business days before the event. The Recreation Department may issue a seasonal permit where applicable.
3. All other applications should be submitted at least thirty days before the scheduled event. Applications submitted after this deadline cannot be assured of scheduling. Applications are considered on a first come-first serve basis and are given priority as stated elsewhere in this ordinance. All applicable payments, deposits, insurance requirements, roster memberships, and other documents must accompany the application.
4. The Recreation Superintendent shall review each application for completeness. When necessary due to the nature of the requested event or the number of participants, attendees, and/or spectators, or for any other reasonable basis, the Recreation Superintendent shall refer the application to the Borough Administrator, who shall submit same for review to the Police Department, Fire Official, and any other Borough Department or Official whose review is deemed necessary by the Borough Administrator, including the Health Department if the application involves service of food or other health-related issues. The review shall include concerns, findings, and recommendations for safety and other precautions and a recommendation for issuance or denial of the permit.
5. The Recreation Superintendent shall be responsible for issuing or denying the application for permit. Whenever the Recreation Superintendent deems it necessary, due to the nature of the requested event or the number of participants, attendees, and/or spectators, or for any other reasonable basis, he shall refer same to the Mayor and Council for approval of the issuance or denial of the permit. The Recreation Superintendent shall refer same to the Mayor and Council if the Police Department or Fire Official has recommended denial of the application
6. Applications for the use of any Borough open space or recreation area can be denied at the discretion of the Recreation Superintendent or the Mayor and Council, particularly in consideration of the following:
a. safety concerns, including police, fire and medical concerns;
b. physical condition of the fields either due to past or expected weather or the likelihood of untoward damage from the proposed event;
c. other scheduled activities or permitted uses in the open spaces or recreation areas or occurring in the Borough in general, either on the day sought in the permit or on the day before or the day after the day sought in the event;
d. if the applicant has violated the conditions of a permit issued on a previous occasion;
e. if the applicant has made a material misrepresentation of fact on the application or other documents;
f. Such other reasonable basis as may be articulated by the Borough.
7. No permit shall be issued for any event that is likely to draw spectators or participants that exceed the proper occupancy rate per square foot of an open space or recreation area. This shall be determined through consultation with the Police Department and with the Fire Official when he has jurisdiction.
8. The Borough of Rutherford articulates and directs that no permit shall be approved for any organized event that seeks to utilize open space or recreation areas for the purpose of commercial profit, or for a commercial activity for the benefit of a commercial entity or operation. Events sponsored by or through the Borough or Borough entities are exempt from this provision
9. The Borough of Rutherford directs and articulates that all alcoholic beverages shall be prohibited at all times in any open space or recreation area. The Borough may suspend this prohibition for alcoholic beverages only under the following circumstances: upon application for an event sponsored by the Rutherford Volunteer Fire Department, the Rutherford Volunteer Ambulance Corps, and any other Borough civic or Borough service organization. The service of alcohol shall be limited to a specified geographical location and no service of minors shall be allowed. Such approved permit shall only allow service of beer and wine. Each organization covered by this provision shall be limited to make application for one event per calendar year. This type of application must be submitted to the Recreation Department and then referred for approval or denial to the Mayor and Council.
10. Any permit issued to allow live performance or music shall be limited to 65 decibels at the street side of the sidewalk around the open space or recreation area, and the decibel level shall be monitored by sound level measurement devices. Failure to comply with the limitation after being notified of a violation shall result in immediate suspension of the event.
11. If the application is correctly completed and the open space or recreation area is available and all reviews are satisfactorily completed and approved, confirmation of scheduling dates will usually occur within fifteen days of the initial submittal. An executed permit will be issued and will be either mailed or made available for pick-up at Borough Hall, per the applicant's request. The executed permit must be present with the user group's representative at all scheduled activities to occur at the open space or recreation area.
12. All permits are non-transferable.
13. The Borough reserves the right to change or revoke a permit issued for use of open spaces or recreation areas, regardless of prior approval or permit for use. Whenever practical, reasonable notice will be provided.
C. Special conditions to issued permit.
1. The permit shall specify any special conditions, limitations, or approvals, including but not limited to the following applicable to the event:
a. Designate the area for which the permit is issued;
b. Hours for use under the permit;
c. Special parking considerations;
d. Alcoholic beverages prohibited or approved;
e. Area where alcoholic beverages are allowed, if approved;
f. Placement of signs, placards, advertisements, or inscriptions;
g. Use of barbecue grills, if approved;
h. Use of loudspeakers, bullhorns, public-address systems, or amplifiers;
i. Vending or distribution of any article, merchandise, food, or services, if approved;
j. Such other conditions, limitations, or approvals as are applicable to the permitted event.
2. The Police Department may require that an approved permittee be required to hire and pay for off-duty Borough police officers for crowd control, traffic control, and/or pedestrian and citizen safety, and may impose such other reasonable restrictions as are deemed necessary for safety purposes.
3. The Fire Official may require such reasonable restrictions as are deemed necessary for safety purposes.
4. The Health Officer may require such reasonable restrictions as are deemed necessary for compliance with applicable laws, ordinances, rules, and regulations.
73-7. Imposition of fees.
A. A non-profit group must produce the proper documentation from the IRS setting forth that the group or organization is a non-profit organization as defined under the Internal Revenue Code.
B. In determining if the membership of a non-profit group contains 75% majority of Borough residents, all team players will be counted. For travel and/or tournament teams or one-time event, only home team players will be counted; the visiting team will not be included in this calculation. A team roster, which shall be submitted with all applications, must include the name and home address of each participant.
C. A resident company shall be determined to apply if the company has a physical location that is geographically located in the Borough of Rutherford.
D. A resident non-profit organization, group, or educational facility shall be determined to apply if the organization or group or educational facility 1) has a physical location that is geographically located within the Borough of Rutherford and 2) the physical location is used for the purpose for which the organization, group, or educational facility was created.
E. The Borough and Borough entities shall be exempt from payment of fees.
73-8. Schedule of fees.
| A. | Picnic, bandshell or park permits | Fee |
| Resident Group or Individual Event | $ 5.00 |
| Resident Company Event - employees of company | $ 10.00 |
| Non-resident Event -1-25 participants | $ 25.00 |
| Non-resident Event - 26-50 participants | $ 50.00 |
| Non-resident Event - 51-100 participants | $ 100.00 |
| Non-resident Event - 101-200 participants | $ 200.00 |
| Non-resident Event - 200 participants and above | To be determined |
| Non-profit resident group, organization, or educational facility | No fee |
| B. | Field or Court permits | Fee Per Use |
| Resident non-profit youth group - field permit | No fee |
| Resident non-profit youth group - field permit with lights | No fee |
| Resident non-profit adult group - field permit | $ 5.00 |
| Resident non-profit adult group - field permit with lights | $50.00 |
| Non-resident non-profit group - field permit | $25.00 |
| Non-resident non-profit group - field permit with lights | $100.00 |
| C. | Tennis badges | Fee |
| Youth resident | No fee |
| Senior citizen resident (age 62 and above) | No fee |
| Adult resident | $10.00 |
| Non-resident accompanied by resident | $20.00 |
| D. | Summer sports camps | Fee per week
Per participant |
| 1 to 50 participants | $ 10.00 |
| 51 participants and above | $ 5.00 |
73-9. Priorities of use.
A. The Borough of Rutherford reserves the right for use of all fields, parks, recreation areas, and open spaces.
B. Applications for the use of open spaces and recreation areas will be scheduled on a first-come-first-serve basis, as much as practicable, keeping in mind that there are recurring and seasonal permits and events.
C. When more than one complete application is received for the same date(s), the following priority order will apply.
1. Events sponsored by or through the Borough of Rutherford or its entities
2. Events sponsored by the Borough Board of Education or other non-profit educational facilities serving grades K or higher, located within the Borough of Rutherford.
3. Rutherford-resident non-profit youth recreational activities or service organizations.
4. Rutherford-resident adult organizations.
5. Events sponsored by or through the Borough Downtown Partnership.
6. Non-resident youth or adult non-profit organizations.
73-10. Insurance.
A. Formal organizations (i.e. Boy Scouts, athletic leagues) that wish to use Borough facilities must maintain adequate insurance coverage and provide proof of coverage with their application. An original executed Certificate of Insurance is required at the time of application. Informal groups, however, are free to use facilities without insurance coverage, contingent upon the execution of an indemnification and waiver, which is described in this ordinance. Insurance requirements may also be waived for Borough-sponsored meetings or events.
B. Determination as to whether a group is formal or informal will be made by the Borough Administrator and the Recreation Superintendent. Factors that will be considered include, but are not limited to, incorporation status, size of membership, frequency of gatherings, and existing insurance.
C. Those users required to have insurance must present satisfactory evidence (original executed Certificate of Insurance) of insurance protection for participants, spectators, coaches and the public within the following terms and conditions. The applicant must maintain Commercial General Liability insurance with limits of liability not less than $1,000,000 ($1 million) per occurrence and aggregate. The policy will provide coverage for the user's activity, and shall state such activities on the Certificate of Insurance. The Certificate shall name the Borough of Rutherford as the Certificate Holder and as an Additional Insured for the full duration of the use of the open space or recreation area.
73-11. Indemnification and waiver.
A. Users must sign a waiver in which they agree to waive and relinquish all claims, and causes of action, of every kind which they have or may have against the Borough of Rutherford arising out of the use of the facility resulting in personal injury and/or property damage. The users must recognize and acknowledge that they assume all risks in connection with the use of the facility.
B. Users must indemnify the Borough of Rutherford of any and all liability of loss, and against all claims or actions based upon or arising out of damage or injury (including both) to persons or property caused by or sustained in connection with the applicant s use of the facility, and, the defense of any such claims or action, whether the liability, loss or damage is caused by, or arise out of negligence of the Borough of Rutherford, or any of the agents, employees or otherwise. The user must further agree to reimburse the Borough of Rutherford for any and all expenses, attorney's fees, or costs incurred in the enforcement of this waiver and indemnification.
73-12. Violations and penalties.
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not exceeding $200.00, and in default of payment thereof may be sentenced to imprisonment in the county jail for a term not exceeding 30 days.
SECTION 2. All ordinances or parts of ordinances inconsistent with this ordinance are hereby repealed to the extent of such inconsistency only.
SECTION 3. This ordinance shall take effect immediately upon passage and publication according to law.
Approved on this 27th day of May, 2003.
____________________________________
MAYOR BERNADETTE P. McPHERSON
ATTEST:
_____________________________
MARY P. KRISTON
BOROUGH CLERK
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